769 Amendments of Phil BENNION
Amendment 107 #
2019/2136(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that a strategic revision of the 'EU Global Strategy' would be timely and needed, namely in light of some of the profound geopolitcal changes which have taken place since its adoption (political divergences across the Atlantic axis, the emergence of new, more assertive powers such as China, the aggravation of the climate emergency, etc.), all of which pose serious implications on the Union's foreign policy objectives and overall security policy; calls, as a result, on the HRVP to begin a process of all-around inclusive consultations, starting with Member States and leading experts in EU foreign policy from outside the EU institutions, but also including civil society organisations;
Amendment 110 #
2019/2136(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the European Union needs to take on a global leadership role and unlock its political potential to think and act like a geopolitical power while defending and promoting its common values and interests in the world; reaffirms the need to secure ‘EU strategic autonomy’; fully supports the Commission President’s decision to transform the EU’s executive branch into a ‘geopolitical commission’; underlines that a 'geopolitical Commission' would therefore be expected to adopt a preventive rather than responsive approach to global affairs; believes, in this regard, that the European Union should strive to become a more assertive actor, without prejudice to its standing as a Normative Power;
Amendment 126 #
2019/2136(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the EU, in order to keep its external credibility, should put the respect for human rights clauses at the core of the EU's agreements with third countries, making them conditional and applying them when necessary;
Amendment 157 #
2019/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underscores that the European Union must use its existing instruments more effectively and act in a more unified and coherent way in order to improve its decision-making processes; notes the Commission's proposal to combine most of the existing instruments for external action into a single instrument, the Neighbourhood, Development and International Cooperation Instrument (NDICI); reiterates that pooling external action instruments into a single fund may lead to synergies, effectiveness and rapidness in decision-making process and disbursement of funds, but should not divert the Union's funding from its longstanding and overarching foreign policy goals of poverty eradication, sustainable development and the protection of human rights;
Amendment 236 #
2019/2136(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater coherence, consistency and complementarity, as laid down in the Treaties, between the EU’s external financing instruments and the CFSP to enable the European Union to tackle growing security and foreign policy challenges; considers that the simplified structure of external instruments proposed under the Neighbourhood, Development and International Cooperation Instrument calls for proper checks and balances, a sufficient level of transparency, and strategic policy input and scrutiny of implementation by Parliament; stresses the need for efficient and adequate funding under the Instrument for Pre-accession Assistance for 2021-2027 (IPA III); highlights the role of the Instrument contributing to Stability and Peace (IcSP), particularly in supporting peace and stability around the world; expects a timely adoption of the post-2020 instruments, so as to avoid unnecessary funding gaps;
Amendment 325 #
2019/2136(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reiterates that sovereignty, independence and territorial integrity of states, as well as inviolability of internationally recognised borders and peaceful settlement of disputes are key principles of the European security order, applying to all states, both within and beyond the EU’s borders;
Amendment 337 #
2019/2136(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for stronger support to the EU maritime security strategy as freedom of navigation is an increasing challenge; insists that freedom of navigation must be respected at all times; regrets that tensions are on the rise and violations of the Law of the Sea and international maritime law continue to persist around many of the world's major maritime hotspots, such as in the South China Sea, the Strait of Hormuz, the Gulf of Aden, the Gulf of Guinea etc.; notes that many of these tensions are oftentimes geopolitical in nature;
Amendment 343 #
2019/2136(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
Amendment 33 #
2019/2135(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that instability and unpredictability on the Union’s borders and, both in its immediate neighbourhood (north Africa, the Middle East, Ukraine, the Caucasus, the Balkans, etc.), as well as in its extended neighbourhood (Sahel, Horn of Africa, etc), pose a direct threat to the security of the continent; stresses the inextricable link between internal and external security;
Amendment 58 #
2019/2135(INI)
4 a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
Amendment 171 #
2019/2135(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that Europe’s defence is based largely on the Union’s capacity and in the political willingness of Member States to intervene militarily, in a credible manner, in external theatres of operations; maintains that the Union disposes of considerable human, financial, technical and military resources, endowing it with an unique capacity to conduct military and civilian operations and respond promptly and pre-emptively to future security challenges, for instance through active peacekeeping misions;
Amendment 181 #
2019/2135(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses that, since the adoption of the 2016 EU Global Strategy, the proliferation of regional and local conflicts, not least in the vicinity of our immediate neighbourhood, poses many challenges for the Union's security, as they have often splill-over effects; considers, in this regard, that the Union should become a more robust actor in crisis management, confict resolution and in peace-keeping, whenever possible in concert with other regional and international organisations such as the UN and the African Union, in line with its commitments towards multilateralism, but also on its own, when the situation so requires;
Amendment 253 #
2019/2135(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. NotWelcomes the decision of 26 September 2019 to extend the EU maritime operation in the Mediterranean (EUNAVFORMED Sophia) by six months to 31 March 2020; deeply deplores the decision temporarily to suspend the naval presence; stresses the urgent need to reach agreement among the Member States and calls for the redeployment of naval assets and full implementation of the mandate;
Amendment 295 #
2019/2135(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the High Representative to regularly consult the European Parlement on urgent matters pertaining to the implementation of the CSDP; believes that the High Representative, or an appropriate EEAS official with direct oversight over CSDP command structres and involved in the design, implementation and appraisal of current civilian and military operations, should promptly inform Parliament of important changes to the structures of any such operations, particularly in regards to their overall nature, mandate, length or early termination;
Amendment 45 #
2019/2028(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasises the need to support and protect the LGBTI+ community around the world; calls for the allocation of EU funds to support LGBTI+ communities in countries where their rights are threatened.
Amendment 51 #
2019/2028(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the critical need to eradicate sexual and gender-based violence, by addressing their widespread and systemic use as a weapon of war; calls for the use of EU funds to support the rights of women around the world to access safe and legal abortion.
Amendment 1 #
2018/0358M(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that economic development and multilateralism are important tools to improve people’s lives; points out that one of the objectives of the IPA is to strengthen the economic, trade and investment relationship between the EU and Viet Nam in accordance with the objective of sustainable development, and to promote trade and investment in a manner that is mindful ofunder this Agreement in full compliance with international human rights, high levels of environmental and labour protection and relevant internationally recognised standards and agreementszed standards and agreements; regrets, in this regard, that the text of the sustainable development chapter does not create any binding obligation but only permits to mobilize a panel of experts with the non- binding power to issue recommendations and promote a dialogue;
Amendment 7 #
2018/0358M(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the enhanced political dialogue between the EU and Viet Nam and the upgraded potentialpossibility to address human rights concerns in the framework of the institutional mechanisms established under Article 35 of the PCA and Article 13 of the FTA; believes that those articles provide the necessary tools to address human rights concerns related to the IPAtakes note that even if a party may unilaterally take appropriate measures when it considers that the other Party has committed a material breach of the PCA, these measures are in full discretion of the Parties and the EU has never suspended a trade agreement before;
Amendment 15 #
2018/0358M(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that under Article 35 of the PCA, the Parties agree to cooperate in the promotion and protection of human rights, including with regard to the implementation of international human rights instruments to which they are parties; notes with concern that serious human rights violations have intensified since the entry into force of the PCA;
Amendment 18 #
2018/0358M(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Fully supports the human rights dialogue between the EU and Viet Nam, which is a very effective way to discuss issues related to human rights; regrets that during these dialogues Vietnam upholds the view that it needs to preserve stability as a priority over the respect for human rights; calls for the strengthening of the annual EU-Viet Nam human rights dialogue with the involvement of local and international civil society and taking into account information received from relevant international organisationzations; calls for the dialogue to be geared around concrete deliverables;
Amendment 27 #
2018/0358M(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets that Vietnam's penal code de facto criminalises criticising the government, therefore makes it nearly impossible to ensure free, open and independent monitoring of the implementation and the impact of the FTA and PCA, as well as to fully enjoy the labour rights enshrined in the ILO core conventions that Vietnam has ratified or has pledged to ratify;
Amendment 28 #
2018/0358M(NLE)
5b. Regrets the lack of a human rights impact assessment and calls on the Commission to carry one out, prior to the entry into force of the agreement
Amendment 29 #
2018/0358M(NLE)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Deeply regrets that the IPA contains no obligation for businesses to respect human rights and that the clause only encourages and promotes voluntary commitments; therefore calls for a binding clause for the States to fully comply and respect human rights.
Amendment 30 #
2018/0358M(NLE)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
Amendment 1 #
2018/0356M(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that Parliament gave its consent to the EU-Viet Nam Framework Agreement on Comprehensive Partnership and Cooperation (PCA) on 17 December 20151 , which defines future relations and aims to enhance further cooperation on global and regional challenges; regrets that the commission has failed to undertake a comprehensive human rights impact assessment in advance; calls for the commission to do it now; notes with concern that serious human rights violations have intensified since the entry into force of the PCA; _________________ 1 Texts adopted, P8_TA(2015)0467.
Amendment 9 #
2018/0356M(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges Viet Nam’s efforts to undertake an ambitious reform agenda, notably on the environmental and labour rights of the sustainable development chapter of the FTA; welcomes the ratification of six out of eight core ILO Conventions, namely No. 29 on forced labour, Nos. 100 and 111 on non- discrimination, Nos. 138 and 182 on child labour and most recently No. 98 on the right to organise and collective bargaining; calls on the Vietnamese Government to quickly ratify and fully implement the outstanding Conventions; regrets that the text of the sustainable development chapter does not create any obligation for the ratification of these outstanding Conventions; calls to extend the effective mechanism applying to trade disposals of the FTA also to the TSD Chapter and a clear, public and binding timeline for the ratification of ILO Conventions No.87 on Freedom of Association and Protection of the Right to Organize and No. 105 on the Abolition of Forced labour;
Amendment 17 #
2018/0356M(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Remains concerned about human rights violations, including the application of the death penalty in Viet Nam; calls on Viet Nam to introduce a moratorium and move towards abolition; deeply regrets that the number of political prisoners, human rights, labour, religious and environmental activists, journalists and bloggers has dramatically increased in recent years and calls for the immediate release of all persons detained for peaceful activities; highlights that human rights should constitute a cornerstone of the trade and sustainable development chapter of the FTA; regrets that the FTA focuses on a limited range of rights, mainly the core ILO conventions; calls therefore for a comprehensive human rights chapter to be accompained by an enforcement mechanism to ensure its imprementation in practice; calls for periodic independent evaluation of the impact of the agreement;
Amendment 37 #
2018/0356M(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that Article 13 of the FTA embodies a cooperative approach based on common values and interests, taking into account the differences in the Parties’ respective levels of development; welcomes the possibility of first resolving matters that fall under Article 13 on trade and sustainable development through exchange in the Committee on Trade and Sustainable Development; recalls thatgrets that in case that the matters are not resolved, the second mechanism that allows a Party mayto request that aan independent Panel of Experts be convened to examremaines such matters in the event that the Committee is unable to resolve them satisfactorilybordinated to the willingness and own precedure of the Parties;
Amendment 40 #
2018/0356M(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the establishment of a monitoring mechanism on human rights and an independent complaint mechanism providing affected citizens and local stakeholders with effective recourse with a view to addressing potential negative impacts on human rights and the establishment of a dispute settlement mechanism with provision for fines and the suspension of trade benefits equivalent to mechanisms for market access provisions;
Amendment 51 #
2018/0356M(NLE)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages the Commission to step up technical assistance and available funding to Viet Nam and its independent civil society in order to support Viet Nam’s compliance with its international human rights obligations and the monitoring of the proper implementation of Article 13 of the FTA.; notes with concern that Vietnamese independent civil society has been harshly repressed and largely operates underground for fear of persecution and retaliation;
Amendment 53 #
2018/0356M(NLE)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines the need for the European Parliament to closely follow and monitor developments in Viet Nam and the implementation of all parts of the FTA, once it enters into force, so that the European Parliament can respond to developments on the ground in the event of documented and proven serious breaches of human rights;
Amendment 54 #
2018/0356M(NLE)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Strongly believes that improvement of the rule of law, good governance, sustainable development and the respect of human rights in Viet Nam are necessary; Recommends that the European Parliament should consider giving its consent only when the government of Viet Nam has agreed a timetable with the EU Commission for the improvement of human rights in Viet Nam including proposals for revisions to those aspects of the penal code that currently legislate against freedom of speech, association and assembly.
Amendment 9 #
2013/2277(INI)
Draft opinion
Recital A
Recital A
A. whereas the economic crisis and the adjustment programme measures in Greece (May 2010 and March 2012), Ireland (December 2010), Portugal (May 2011) and Cyprus (June 2013) have had a direct and indirect impact on employment levels and dire consequences for the social situation; whereas, although all the programmes were formally signed by the Commission, they were designed, and their conditionality determined, jointly by the IMF, the Eurogroup, the European Central Bank (ECB) and the Commission;
Amendment 22 #
2013/2277(INI)
Draft opinion
Recital G
Recital G
G. whereas in its resolution of 21 November 2013, Parliament welcomed the Commission communication of 2 October 2013 entitled ‘Strengthening the social dimension of the Economic and Monetary Union’ and its proposal to establish a scoreboard of key employment and social indicators to be included in the Macroeconomic Imbalances Procedure (MIP) and the Joint Employment Report (JER), but regretted the fact that those indicators were insufficient to ensure comprehensive coverage of the Member States’ employment and social situations and the interdependence between them; whereas Parliament’s resolution stressed the need to ensure that this monitoring aims to reduce social divergences between Member States;
Amendment 24 #
2013/2277(INI)
Draft opinion
Recital H
Recital H
H. whereas the available data show that in the four countries the progress made towards achieving the Europe 2020 targets is rapidly declining, with the exception of targets related to early leavers from education and training and tertiary education attainment (see Annex 1);
Amendment 27 #
2013/2277(INI)
Draft opinion
Recital H a (new)
Recital H a (new)
Ha. whereas long-term economic prospects in these countries are improving; whereas this should begin to aid the creation of new jobs in these economies and reverse the trend of declining employment;
Amendment 36 #
2013/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the EU institutions (the ECB, the Commission and the Eurogroup) are fully co-responsible for the conditions imposed under the economic adjustment programmes, and therefore for their social consequences;
Amendment 65 #
2013/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the economic crisis and the adjustment policies and structural reforms in the four countries have led to dramaticincreased unemployment rates, historically high rates of job losses and worsening working conditions; points out that the consequences for activity rates, in particular as regards the sustainability of social protection and pension systems, are even more serious because the gap between some of the Europe 2020 targets and reality is rapidly growing ever wider;
Amendment 84 #
2013/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with great concern that it is young people who are suffering the highest levels of unemployment, with the situation in countries such as Greece, where the rate is over 50%, or Portugal and Ireland, where it is in excess of 30%, being quite devastating; regrets the fact that even those who do find a job often find themselves working under precarious conditions or on part-time contracts which can make it hard to live independently;
Amendment 101 #
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 tremendousexacerbate brain- drain effects and increase the persistent divergences between Member States supplying employment and those supplying a low-cost workforce;
Amendment 124 #
2013/2277(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Is concerned that, among the conditions for financial assistance, the programmes include recommendations for specific cuts in fundamental areas of the fight against poverty, such as pensions, basic services, health care and pharmaceutical products for the basic protection of the most vulnerable; highlights the fact that the main impact of these measures is on the fight against child povertyparticular areas rather than allowing the national governments some flexibility to decide where savings could be made;
Amendment 141 #
2013/2277(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes that Commission figures and various studies show that between 2008 and 2012 income distribution inequality grew in the four countries, and that the cuts in social and unemployment benefits resulting from austerity measuresmeasures put in place to reduce the deficit, as well as the wage reductions due to structural reforms, are raising poverty levels; notes, furthermore, that the Commission report found relatively high levels of in-work poverty due to low minimum wages being cut or frozen as a result of the austerity measures;
Amendment 171 #
2013/2277(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Regretcognises the fact that the programmes imposed on the four countries allow firms to opt out of collective bargaining agreements and to review sectoral wage agreements directly affecting the structure and values of collective bargaining arrangements set out in the respective national constitutions; notes that this resulted in a request by the ILO Expert Committee, in the case of Greece, to re- establish social dialogue, and, in the case of Portugal, for the Constitutional Court to annul certain legislative measures; stresses that this despicable situation is the consequence of having limited structural reforms involving only the deregulation of labour relations and wage cuts at any cost, which is in clear contradiction with the EU’s general objectives and the policies of the Europe 2020 strategysituation should only be a temporary derogation and that collective bargaining and social dialogue should be restored, in accordance with national laws and practices;
Amendment 191 #
2013/2277(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the Commission to carry out a detailed study of the social and economic consequences of the adjustment programmes in the four countries in order to provide a precise understanding of both the short-term and long-term damage toeffects on the social protection systems, with particular regard to the fight against poverty, the maintaining of good social dialogue and the balance between flexibility and security in labour relations; calls on the Commission to use its consultative bodies when drafting this study, as well as the Employment Committee and the Social Protection Committee; suggests that the EESC be asked to draft a specific report;
Amendment 202 #
2013/2277(INI)
Draft opinion
Paragraph 20
Paragraph 20
20. Calls on the Commission to askInvites the ILO and the Council of Europe to draft reports on possible corrective measures and incentives to ensure full compliance withimprove the social situation in these countries, taking into account the European Social Charter and the Protocol thereto and with the ILO Core Conventions, since the obligations deriving from them have been affected by the budgetary adjustment measures and the structural reforms requested by the Troika;
Amendment 211 #
2013/2277(INI)
Draft opinion
Paragraph 21
Paragraph 21
21. Calls on the EU to provide support, after the assessment, including through financial resources where appropriate, for the recovery of social protection standards and of the fight against poverty reduction and the renewal of social dialogue through a social recovery planfight against poverty; calls on the Commission, the ECB and the Eurogroup to phase out the exceptional measures that have been put in place, as soon as appropriate;
Amendment 216 #
2013/2277(INI)
Draft opinion
Paragraph 23
Paragraph 23
Amendment 225 #
2013/2277(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to give the same attention to social imbalances, and to correcting them, as it does to macroeconomic imbalances, and to that end to put EPSCO and its priorities on an equal footing with ECOFIN and the Eurogroup;
Amendment 5 #
2013/2177(INI)
Draft opinion
Recital A
Recital A
A. whereas constant restructuring in the sector, reflecting in part a management focus on profit at the expense of investment and wagdue to, inter alia, the effects of the economic crisis and the increased supply of steel from third countries, reduced the workforce from 1 million in 1970 to 369 000 in 2012, with a devastating impact on employment levels across whole regions;
Amendment 24 #
2013/2177(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concerned at the lack of ambition in the action plan for the steel industry in Europe; calls for a strategy that draws on all the European Union policy tools, including for employment and training, training, energy efficiency and innovation;
Amendment 32 #
2013/2177(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for existing State aid rules to be revisedutilised effectively to promote productive investment, employment and training, to encourage the involvement of employees' representatives in management and decision-making and to introduce the option of temporary public takeovers in crisis situations; welcomes the Commission's public consultation on this topic;
Amendment 60 #
2013/2177(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of EU support for training and employmenttransferable skills in industrial transition processes; calls for such support to be kept in place and for its use to be monitored;
Amendment 70 #
2013/2177(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for account to be taken in the new European strategy on health and safety at work, and in policy documents on pensions, of the arduous nature of work in the steel sector.
Amendment 26 #
2013/2176(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. notes the important role played by the European Social Fund in assisting Member States to provide opportunities and training for unemployed people to re- enter the labour market;
Amendment 32 #
2013/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is concerned at the cost, complexity and time involved in establishing a business in some parts of the European Union; believes that if the EU is to regainimprove its competitiveness, Member States must work to simplify and speed up this process;
Amendment 35 #
2013/2176(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that global trends have created competitive pressures as well as opportunities for businesses; stresses the need for Member States and the European Union to create the right regulatory framework to help businesses create jobs whilst ensuring a safe working environment;
Amendment 40 #
2013/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in order to create a more hospitable environment for job creation, Member States must, with support from the EU institutions, address the following factors: skills, entrepreneurship, demographics, market access, finance and, the labour market and excessive national regulation and bureaucracy;
Amendment 45 #
2013/2176(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the important role of EU free trade agreements in creating and maintaining investment and jobs in EU member states;
Amendment 54 #
2013/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that Europe’sBelieves that some Member States’ education and training systems are notshould be better adapted to businesses’ skills needs; notes with concern that in 2015 the estimated shortage of qualified ICT personnel in the EU will rise to between 384 000 and 700 000 and that the supply of science, technology, engineering and mathematics skills will not match the increasing demands of businesses in the coming years;
Amendment 100 #
2013/2176(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to effectively implement EU legislation that outlaws discrimination in the workplace on the grounds of age, disability, sexual orientation and religion or belief;
Amendment 102 #
2013/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the opportunities afforded by the sEuropean Union’s Single mMarket must be used to inject new life into Europe’s economies by opening up borders and, creating new business opportunities, creating jobs and attracting inward investment from across the world;
Amendment 143 #
2013/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that businesses can only create jobs if the right conditions exist, including access to a qualified workforce, availability of flexible contractual arrangements, and keeping administrative burdens to a minimum; recognises the benefits that the EU free movement of workers can offer in satisfying local skill shortages and labour demand;
Amendment 161 #
2013/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes SMEs are among the most innovative businesses in the EU, playing a crucial role in providing pathways into work and driving economic growth;
Amendment 187 #
2013/2176(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Believes that access to EU financing instruments for SMEs should be simplified;
Amendment 189 #
2013/2176(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Believes that the framework for SME participation in public procurement should be improved;
Amendment 197 #
2013/2176(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s review of the ‘Top 10’ most burdensome laws for SMEs; believes there is a need to ensure that the EU and Member Staktes take account of the specific needs of businesses, in particular SMEs and micro-enterprises, in the policy process;
Amendment 259 #
2013/2176(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Member States to support self-employment, especially among young people, by creating an environment and developing an education system that will encourage entrepreneurs to grow and create new jobs;
Amendment 263 #
2013/2176(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission and the co- legislators to consider the impact on future job creation that the excessively burdensome requirements of the proposed Data Protection Regulation may have on businesses, particularly SMEs, potentially affecting their ability to retain and create jobsInsists on a balanced approach of the Data Protection Regulation in protecting data privacy whilst stimulating the digital economy, job creation and growth;
Amendment 1 #
2013/2175(INI)
Draft opinion
Recital A
Recital A
A. whereas there is a general tendency in financial markets towards short-term behaviour as well as an accentuation of risk aversion due to the financial crisis; whereas shortlong-term financing in its current forms, inter alia through bank credits or investment funds, is not ans a more appropriate means of responding to the social, environmental and demographic challenges which Europe is facing;
Amendment 2 #
2013/2175(INI)
Draft opinion
Recital B
Recital B
B. whereas taking a long-term perspective andby, for example, investing in asset classes which require longer-term commitments from investors can have benefits for investors and for the economy more widely, increase the stability of financial markets, reduce costs for individual undertakings, notably the cost of access to finance, create employment opportunities and combine a steady rate of return for investors with a positive social impact;
Amendment 8 #
2013/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the long-term financing of the European economy should also serve the public interest and be guided, among other things, by objectives that promote social cohesion, social justice and equal treatment, rather than focus solely on economic and financial parameters; highlights, in this connection, the fact that; highlights that these objectives constitute the potential added value of long-term financing for the public interest cannot merely be measured in economic terms;
Amendment 15 #
2013/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to ensure that long- term financing benefits not only investors and shareholders, but also workers, undertakings and consumers; Notes in this regard, the possible benefits of financial participation of employees in companies' proceeds and other forms of innovative long-term financing;
Amendment 18 #
2013/2175(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Warmly welcomes the focus on productive capital as opposedin addition to financial capital; asks the Commission to encourage long-term investment in those areas that are capable of generating the greatest positive social externalities and of helping to achieve the goals of the Europe 2020 strategy, but are not receiving an appropriate level of financing, such as SMEs and infrastructure investment, and to exclude unproductive areas, such as real estate, except for social housing, in order to prevent new unproductive bubbles from emerging;
Amendment 21 #
2013/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for SMEs to be given priority access to LTI funds since they constitute the backbone of growth and job creation in the EU; considers that this access should be accompanied by a simplification of the application procedures; highlights the importance of ensuring easier access to financing during the whole lifecycle of a company in order to create and maintain sustainable quality jobs;
Amendment 203 #
2013/2158(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Stresses the need to carry out the necessary reforms to guarantee the sustainability of pension systems; believnotes that it is possiblemight be necessary to raise the actualmandatory retirement age withoutin order to raisinge the mandatoryactual retirement age, by reducingelieves that the number of people leaving the labour market early should be diminished in order to raise the actual retirement age successfully; believes that in order to raise effective retirement ages successfully, pension reforms need to be accompanied by policies that limit access to early retirement schemes and other early exit pathways, develop employment opportunities for older workers, guarantee access to life-long learning, introduce tax benefit policies offering incentives to stay in work longer, and support active healthy ageing;
Amendment 6 #
2013/2145(BUD)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 11 #
2013/2145(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Demands, in regardHighlights that addressing poverty in member states and regions is primarily a Member State responsibility, whilst acknowledging the importance of EU level action as a demonstration of political solidarity and a means of showing leadership and best practice in relation to increased poverty rates,; therefore welcomes intensification of and more financial support for the Fund for European Aid to the Most Deprived and for the part of the European Social Fund which refers to combating poverty and social exclusion.
Amendment 36 #
2013/2145(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to introduce an initiative to follow up on the results of the preparatory actions on ‘sustainable tourism’ (soft mobility, cycling networks, eco-tourism and nature protection), focusing, at a later stage, ; urges the Commission to support the diversity of the European tourism industry by focusing as well on the aspects of cultural, natural, and in particular industrial and historical heritage, including through specific financial initiatives, as well as to follow up on the preparatory action on accessibility for all, particularly for people with reduced mobility and for socially disadvantaged people.
Amendment 1 #
2013/2127(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the Commission Communication of 3 October 2012, entitled "Single Market Act II- Together for new growth", (COM(2012) 573 final);
Amendment 2 #
2013/2127(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to the Commission Communication "Implementing the Lisbon Community Programme for Growth and Jobs, on the Transfer of Business- Continuity through a new beginning", of 14 March 2006 (COM(2006) 117 final);
Amendment 6 #
2013/2127(INI)
Motion for a resolution
Recital A – indent 1
Recital A – indent 1
– sharing in ownership – for large listed companies with tradable shares, which offers employees the right to enjoy the benefits of the company's success and a sharewhilst participating in the responsibility for and risks attached to strategic decisions,
Amendment 10 #
2013/2127(INI)
Motion for a resolution
Recital A – indent 2
Recital A – indent 2
– sharing in profits particularly for SMEs and micro-enterprises or non-listed companies,- which can reward success, supplement workers' incomes and boost their spending power, with a direct economic spill-over into the local economy;
Amendment 13 #
2013/2127(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the most appropriate EFP model will often depend on the size and status of the company, notably whether it is listed or unlisted;
Amendment 19 #
2013/2127(INI)
Motion for a resolution
Recital D
Recital D
D. whereas job security is improved by employee buy-out options, which can help workers take over companies in financial difficulty, safeguarding their own jobs and reducing uncertainty from possible buyouts by other companies, and which address company succession problems, that can often result in companies being closed down when succession is not possible; whereas this is helpful in particular for SMEs and micro enterprises;
Amendment 21 #
2013/2127(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas employee buy-outs can also address company succession problems which can often result in companies being closed down when succession is not possible; whereas this is helpful in particular for SMEs and micro enterprises;
Amendment 22 #
2013/2127(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the ESOP is an example of an effective employee buy-out model for non-listed companies where an intermediate entity is used to acquire the shares on behalf of the employees; whereas the employees are not exposed to additional risk as the acquisition is financed by a profit-share, or a loan which is repaid by profit-shares, which is in addition to the employees' salaries;
Amendment 23 #
2013/2127(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the Spanish Sociedades Laborales concept is a best practice example of an EFP scheme for micro- enterprises; whereas it also allows the unemployed to choose to receive their unemployment benefits as a lump sum in order to start a new sociedad or to recapitalise an existing one;
Amendment 35 #
2013/2127(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in EFP models that use an intermediate entity, this entity can exercise voting rights or other forms of governance on behalf of employees allowing for collective representation;
Amendment 49 #
2013/2127(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to engage employee ownership organisations and stakeholders more closely in dialogue between policy makers, employers and workers' representatives, including the social partners where relevant, in order to ensure that existing examples of best practice at national level are taken into account in the development of national policies to facilitate the implementation of EFP by businesses;
Amendment 51 #
2013/2127(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Eagerly anticipates the results of the pilot project and, notably the devaluation on setting up ‘European Centres for Employee Ownership’; asks the Commission to consider what can be done to further develop participation in EFP schemes and offer guidance to Member States on possible mechanisms to do so in light of this pilot projectelopment of a Virtual EFP Centre and the CETREPS Effective Tax Rate Calculator;
Amendment 58 #
2013/2127(INI)
Motion for a resolution
Paragraph 8 – point a
Paragraph 8 – point a
(a) an optional single legal regulation open to employers throughout the EU, which would respect areas of Member State competence on fiscal and labour law,
Amendment 59 #
2013/2127(INI)
Motion for a resolution
Paragraph 8 – point a a (new)
Paragraph 8 – point a a (new)
(aa) a range of models developed from best practice examples for each type and size of company,
Amendment 60 #
2013/2127(INI)
Motion for a resolution
Paragraph 8 – point c a (new)
Paragraph 8 – point c a (new)
(ca) improving transparency and access to information to facilitate equal implementation in different Member States,
Amendment 92 #
2013/2127(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the shift in the attitude of trade unions towards EFP and eEncourages social partners to continue working together to develop new opportunities at the relevant levels7 ; __________________ 7 ‘Employee financial participation in companies’ proceeds' (PE 475.098), p. 35.
Amendment 97 #
2013/2127(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to use existing or to develop, in partnership with the Commission and employee ownership organisations, single information portals – one stop shops – accessible to employers and employees, to explain the benefits and advantages of EFP, national support or incentives available and the different models which exist, in order to allow workers to become more aware and make better use of advantages arising from EFP schemes and to allow employers to better assess the options available to them and the challenges of entering into an EFP scheme;
Amendment 13 #
2013/2113(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Member States should support initiatives that facilitate the development of sectors with high employment potential and, in particular, that aid in the transformation towards a sustainable economy and the creation of green jobs; calls on local and regional authorities to coordinate public service provisions with environmental targets and objectives in order to achieve multiple objectives and stimulate green jobs in the process;
Amendment 20 #
2013/2113(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that improved implementation of EU legislation on waste will contribute to economic development, and thus to job creation; stresses that recycling – aand re-use – both labour- intensive sectors – can be an important sources of jobs and should be favoured where most appropriate in the revised EU waste framework;
Amendment 31 #
2013/2113(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the fact that appropriate levels of training and skills are needed for eco-innovations to flourish, and for EU waste legislation to be implemented correctly; recalls, in this context, that the European Social Fund could be helpful in preparing the labour force for an increased demand for green jobs by promoting vocational training and work based learning.
Amendment 6 #
2013/2112(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Member States employ a range of models in delivering different specific inspections of the workplace;
Amendment 68 #
2013/2112(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States, in cases where labour inspections uncover abuse, to protect the workers concerned and enable them to assert their rights at no cost; points out that measures to that end, such as a direct right of complaint for victims or a collective right of complaint, are effective means of protecting workers affected;
Amendment 77 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to criminalisesanction the non-respect of working conditions;
Amendment 82 #
2013/2112(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the problematic nature of labour inspection in respect of migrant workers from both EU and third countries, particularly in relation to the role and remit of national inspectorates; points out that national-level electronic systems, such as Belgium's LIMOSA system16 for the compulsory advance registration of foreign workers by employers, substantially facilitate the task of labour inspection; __________________ 16 https://www.socialsecurity.be/foreign/de/e mployer_limosa/home.html.
Amendment 86 #
2013/2112(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that there is an important role to be played by the social partners, and particularly by workers' representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;
Amendment 102 #
2013/2112(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 127 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chain could constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States;
Amendment 154 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to introduce a European Agency forcoordinate and facilitate cooperation between Member States on cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation of cross-border controls;
Amendment 164 #
2013/2112(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to introducmake available a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer's employment relationship, including details of social security cover and working hours, for example, and which would be subject to strict data-protection rules;
Amendment 173 #
2013/2112(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that a European databaseincreased cooperation and sharing of information between Member States on illegal employment can offer significant European added value in the effort to combat undeclared work;
Amendment 190 #
2013/2112(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 199 #
2013/2112(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to propose a directive providing for the comprehensive control of employment agencies, whereby such companies will be subject to certification and to a requirement of central reporting ofdesign and provide Member States with best practice guidance and facilitate the cooperation and exchange of information between them so they could more effectively scrutinize and control their activities of employment agencies;
Amendment 206 #
2013/2112(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission, without prejudice to the principle of subsidiarity, to propose a directiveguiding principles underpinning the role of labour inspectors and laying down European labour-inspection standards;
Amendment 211 #
2013/2112(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 2 #
2013/2111(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right to social security is a fundamental human right which is an integral part of the European social modelarket economy; whereas the International Labour Organisation (ILO) has adopted recommendations on ‘national floors of social protection’ with the aim of safeguarding the right of every individual to social security and to a decent standard of living;
Amendment 4 #
2013/2111(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas social security is a national competence, coordinated at EU level;
Amendment 6 #
2013/2111(INI)
Motion for a resolution
Recital B
Recital B
B. whereas social protection is an investment in human resources, enablingenables adaptation to changes in the labour market and effective action against poverty and social exclusion, as well as labour market integration; whereas social security has a stabilising effect on the economy and an anticyclical function that can boost domestic demand and consumption;
Amendment 9 #
2013/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, to tackle the crisis, some Member States have made severe cuts in public expenditure just when demand for social protection needed to be strengthenincreased in response to a suddenthe rise in unemployment and, at the same time, national budgets for social security cover have been further squeezed as contributions have fallen in the wake of wide-scale job losses or wage cuts, thus placing the European social modelarket economy at real risk;
Amendment 14 #
2013/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social protection coverage in thsome EU Member States is still inadequatecould be improved; whereas cases of vulnerable workers being abused in the EU are still commonplace and labour-market compartmentalisation, with widely varying levels of protection for different types of contract and job relationship, is a glaring reality, leading to social maladjustment and inequalityexist;
Amendment 18 #
2013/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most traditional social security systems, and particularly social cover and labour law, are designed to safeguard the social and employment rights of people in employment, and there is thus a risk that with the changing nature of employment, and with an increasingly commonly where people are number of self-employed workers, new groups of workers willmay lack proper social protection;
Amendment 24 #
2013/2111(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is essentiawould be useful to lay down a clear definition of bogus self- employment and to prevent abuses in this regard so as to avoid any violations of workers' social rights, any distortions of competition and anythe risk of social dumping;
Amendment 29 #
2013/2111(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, given that the working conditions of those self-employed people who are not economically independent are changing in ways not radically different from those of salaried workers, their social security and employment rights ought more closely to resemble salaried workers' rights where appropriate;
Amendment 37 #
2013/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to develop and modernise social protection systems in order to ensure adequate social protection for all, based on the principles of universal access and non- discrimination and on the capacity to respond in a flexible manner to demographic changes and developments in the labour market;
Amendment 43 #
2013/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to ensure responsible long-term financing of social security systems, particularly in periods of economic crisis, in order to ensure the adequacy of social benefits, while not overlooking the fact that one of the most important aspects of social investments is that they enable social and economic goals to be reconciled; considers, therefore, that they should be viewed as investment, rather than as expenditure;
Amendment 49 #
2013/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to ensure core national social protection which, at a minimum, will safeguard the main sources of revenue in each country and guarantee access to basic social benefits, particularly in the event of illness, unemployment, maternity or disability, thus making it possible to combat poverty and social exclusion in the Member States; calls also on the Member States to draw up strategies for the development of social security in line with the ILO's proposals;
Amendment 54 #
2013/2111(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that effective social protection should include measures to promote the participation of beneficiaries in the labour market, and that lowering the level of social protection will not stimulate employment;
Amendment 57 #
2013/2111(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to make greater effortimplement structural reforms and measures that will allow and encourage companies to create jobs for young people and to ensure that young workers are not discriminated against through the limiting of their social security entitlements;
Amendment 63 #
2013/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States especially to provide a guarantee ofccess to social security for the most vulnerable social groups such as the unemployed, the disabled, single-parent families, the young, pensioners and young families; calls also on the Member States to ensure that social services are made more accessible for all members of vulnerable social groups and persons with long-term care needs, particularly in rural areas;
Amendment 71 #
2013/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take steps to combat discrimination against women on the labour market and to adopt social protection measures to ensure that women's wages and welfare entitlements are not lower than those ofor men doing the same job, and to safeguard their maternity entitlements; calls also on the Council to speed up the adoption of the Directive on prenatal and postnatal leave;
Amendment 75 #
2013/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to take practical steps to combat poverty and social exclusion, including through an appropriate minimum income and a social security system, in accordance with their own national practices (collective agreements or national legislation);
Amendment 81 #
2013/2111(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on Member States to step up their efforts to combat undeclared and insecure employment and to ensure that all workers enjoy appropriate social protection; deplores, furthermore, the practice of deliberately replacing standard recruitment procedures with non-standard employment contracts, at the same time reducing workers' social security cover, in order to save moneyabuse of non-standard employment contracts in order to avoid having to comply with employment and social protection obligations;
Amendment 89 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review legislation on the coordination of social security systems and draws Member States' attention to the fact that mobile workersEU migrant workers working in another Member State should not be subjected to discriminatory social protection rules aimed at curbing benefit abuses; believes that all mobile worker; believes that those migrant workers of the same status should enjoy the same social security entitlements and cover as decided by each Member State;
Amendment 100 #
2013/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to incluconsider in all its proposals the four targets set in the ILO's Decent Work Agenda, and to include in the annual growth review the targets set in the ILO Social Protection Floors Recommendation, so that all workers in Europe may enjoy these guarantees throughout their lives;
Amendment 118 #
2013/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to draw up a conceptual framework that will provide a legal definitionprovide guidance ofn the nature and different forms of atypical employment, in general andcluding self-employment as its most widespread form, applying, so as to assist Member States to properly apply the relevant labour laws and social protection measures in line with the various forms of employment and providing for the possibility of properly regulating social security for self-to workers so employed workers; also considers it appropriate for Member States to clearly identify false self- employment and to sanction employers if such cases are identifiedproven;
Amendment 125 #
2013/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to ensure that self-employment does not become a tool of unfair competition or a means of preventing workers from benefiting from social and job security, and that the social and employment rights of self-employed workers depend as little as possible on their status: i.e. employed or self- employedself- employed workers benefit from adequate employment and social security rights; also asks that self-employed workers should not be assimilated with employed workers, so as to preserve the advantages of self-employment and economic activity of this kind and help to develop a spirit of entrepreneurship and service quality;
Amendment 137 #
2013/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States and the Commission to make it compulsory for peoplto make available to those wishing to become self- employed workers to be provided with, appropriate information on the changes to their social protection and the labour law applicable to them that will arise from this change in status, as well as changes in other rights and obligations linked to their economic activity;
Amendment 144 #
2013/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Member States and the Commission to involve the social partners in a process of developing and modernising social protection where appropriate and to develop the social dialogue at European and national levels regarding this issue and where national law and practice so provides; also calls on the social partners to place issues linked to the labour rights and social protection of self-employed workers on the agenda;
Amendment 6 #
2013/2098(INI)
Draft opinion
Paragraph B – point a (new)
Paragraph B – point a (new)
(a) whereas local partnerships play a crucial role in developing and promoting a regional quality brand
Amendment 8 #
2013/2098(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it important to identify specific features at regional level and to organise cooperation and partnerships with all parties concerned in the further development of these aspects;
Amendment 13 #
2013/2098(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that regional quality branding must help to preserve the image of Europe as a high-quality destination for tourism, on the basis of various regional tourism products, for example ecotourism, agritourism, cycle routes, the industrial heritage and gastro- tourism;
Amendment 30 #
2013/2098(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance for Member states to create a framework facilitating partnerships between all parties having an interest in developing a regional quality brand;
Amendment 32 #
2013/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that this platform should provide all parties concerned with informative and educational explanations of the role of tourism, and a database containing examples of good practice, such as innovative partnerships, from all over Europe, as well as specific offers aimed at particular target groups and at popularising regional quality branding;
Amendment 27 #
2013/2075(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Questions the notion of ‘inappropriate aid’ introduced by the Commission; notes that the Court of Justice has found that a condition of efficiency is not appropriate to compensation for public services; recommends that a better distinction be developed between subsidy, aid, and investment, and clarity given as to the rules which apply when Member States, local or regional bodies or the private sector make investments in various sectors providing economic or social services or a mixture of both;
Amendment 30 #
2013/2075(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends that the Commission evaluate the interaction between competition policy, on the one hand, and the objectives of the EU environmental, social and economic policies, on the other hand, bearing in mind the difficulties faced in ensuring appropriate access to finance for the private sector and social economy, achieving the 2020 targets and adhering to the budgetary and fiscal constraints required by the stability and growth pact;
Amendment 33 #
2013/2075(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the social and solidarity economy must benefit from special rules on state aid in view ofcompetition rules must maintain a degree of flexibility with regard to the social and solidarity economy and activities which contribute towards specific social, economic and environmental objectives of the EU bearing in mind the specific nature of itstheir operation and objectives;
Amendment 39 #
2013/2075(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the type of dialogue engaged in by the Commissioner for Competition cannot replace genuine democratic control by Parliament; recommends developing a better discourse between the Commission, Member States, local and regional actors and civil society in order to ensure that the competition policy and public expenditure are complementary to the shared objectives of ensuring a fair and more complete single market, on the one hand, and achieving national and European social and economic objectives, on the other hand;
Amendment 9 #
2013/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for enhanced efforts to be made to implement the EU 2020 objectives of smart, sustainable and inclusive growth by promoting a stronger European automotive industry;
Amendment 14 #
2013/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 25 #
2013/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the creation of a European Automotive Skills Council, promoting relevant higher education and vocational training by bringing together national organisations, the education sector and social partners in order to promote skills development and employment in the automotive sector;
Amendment 31 #
2013/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need for even better use to be made of EURES, and, in this respect, supports the use of EURES not only as a means of advising workers and job-seekers on their right to free movement, but also as a labour market instrument with a special focus on placement, thereby enhancing the ability of European car manufacturers to access the skilled labour supply that they need;
Amendment 1 #
2013/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to maintain the prescribed driving and resting times and the working hours permitted by law, to reckon all tasks connected with the activity as working time and to monitor compliance with European standards on the protection of health and safety at work, including conditions in vehicles, for all people involved in making deliveries;
Amendment 7 #
2013/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is aware that online trade is a growth market; draws attention to the entrepreneurial and financial pressure on suppliers resulting from investment and measures to adapt to the requirements of online trade as it expands; takes the view that in the long run employees mustwill not suffer as a result of competition in online trade; stresses that prices must be set in such a way that enforcement of the rules on employment and labour conditions in force in the Member State concerned, including those governing the minimum and standard wage, ishould be guaranteed;
Amendment 12 #
2013/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is critical of the lack of focus in the Green Paper on the issue of training opportunities and adequate salaries; is also critical of the insufficient involvement of social partnerConsiders it necessary that employees in this sector have access to adequate training opportunities and are remunerated in accordance with Member State law or practices; further considers that social partners could be more involved in some Member States; notes that economic regulation mustshould be accompanied by social regulation where appropriate, particularly with regard to employment models based on self-employment, temporary employment and part-time employment;
Amendment 15 #
2013/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is critical of the extremelyStresses that the high amount of outsourcing which delivery firms undertake outside the regular postal service and the frequently accompanyingshould not lead to evasion of legal and remuneration requirements with regard to conditions of work and employment;
Amendment 22 #
2013/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the Member States to stipulate aensure adequate mionimum wage fortoring of parcel service operators and ensure wage cover in all delivery firms and increased monitoring oftheir subcontractors in terms of compliance with employment-related legal and remuneration requirements; underlines in this context the principle of equal pay for equal work in the same place;
Amendment 15 #
2013/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the reduction of the overall level of reste à liquider (RAL), which constitutes a serious threat to the effective use of cohesion policy resources and therefore hinders their job creation potential; calls on Member States in this regard to support regional and local authorities in making the best possible use of available Cohesion and Structural Funds resources, through sound planning of projects and applications, and ensuring that co-financing is properly supported;
Amendment 19 #
2013/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that cohesion policy is an important factor boosting public and private investment, with the potential to develop good governance and public participation at all levels, thus contributing to economic growth in the Union as a whole and not only in the regions directly benefitting from it;
Amendment 25 #
2013/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that EU economic governance should be flexible enough to allowmaximise the potential for the pro-growth and job-creating investments supported by cohesion policy, leading to sustainable productive investment;
Amendment 30 #
2013/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the necessity of increasing the participation of local and regional authorities in programming, implementation, monitoring and evaluation of the Funds, which would guarantee a better link between EU, national and regional strategies; encourages these local and regional authorities, wherever possible, to develop civil society participation in order to ensure that projects receive the necessary support and financing to deliver their objectives;
Amendment 1 #
2013/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Member States which have best withstood the economic crisis are those which have given priority to strong social dialogue and particular types of investment; is of the opinion that those priorities ought to be studied and used as a guide for the purpose of reindustrialising Europe on a solid, competitive, sustainable, and diversified basis;
Amendment 37 #
2013/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Suggests that information centres be set up in order to make entrepreneurs aware of the advantages to be gained from keeping their operations in, or relocating them to, Europe, and; Considers that new emphasis on short supply chains creates new opportunities for EU businesses in niche manufacturing, and therefore increasing local growth potential; Notes that shorter supply chains lead to local sourcing of products and greater efficiency for the manufacturing sector whilst developing local employment opportunities; Considers local skills shortages to be a major challenge and highlights that EURES must be exploited as efficiently as possible in order to make use of the skills of young European jobseekers and avert the abuses stemming from, leading to better implementation of the Services Directive and the increasing instancesfacilitating labour mobility while reducing the risk of social dumping.
Amendment 776 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 3 a (new)
Article 37 – point 3 a (new)
Regulation (EU) No 531/2012
Article 6a
Article 6a
(3a) Article 37 point 4 (new) the following article is inserted: Article 6a Abolition of retail roaming charges With effect from 1 July 2015, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming customers for any regulated roaming call made or received, for any regulated roaming SMS message sent, for any roaming MMS message sent or for any regulated data roaming services used- or any general charge to enable the terminal equipment or service to be used abroad.
Amendment 29 #
2013/0202(COD)
Proposal for a decision
Recital 1
Recital 1
(1) On 17 June 2010 the European Council19 endorsed the Commission proposal for a Europe 2020 Strategy for jobs and smart, sustainable and inclusive growth20. The European Council advocated full mobilisation of the appropriate EU instruments and policies to support achievement of the common objectives and invited the Member States to step up coordinated action. The Public Employment Services (PES) have a central role in achieving the Europe 2020 target of 75 % employment rate for women and men aged 20 to 64 by 2020. __________________ 19, notably by decreasing youth unemployment. __________________ 19 Nr: EUCO 13/10 dated 17/6/2010. Nr: EUCO 13/10 dated 17/6/2010. 20 Communication from the Commission Europe 2020 – A strategy for smart, sustainable and inclusive growth, COM (2010) 2020 of 3 March 2010.
Amendment 37 #
2013/0202(COD)
Proposal for a decision
Recital 7
Recital 7
(7) The PES network should contribute to the implementation of policy initiatives in the employment field such as the Council Recommendation on Establishing a Youth Guarantee22. The network should establish and share best practice on the identification of NEETs and on the development of initiatives to ensure these young people gain the skills necessary to enter and remain in the labour market. The network may also support initiatives aimed at facilitating the transition from education and training to work, including through enhanced transparency of skills and qualifications and promotion of apprenticeships and work-based learning. __________________ 22 Council Recommendation on establishing a Youth Guarantee (7123/13)
Amendment 39 #
2013/0202(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The PES Network should reinforce co- operation between its members, develop joint initiatives aimed at exchanges of information and best practices in all areas covered by PES, comparative analysis and advice as well as promotion of innovative approaches in the delivery of employment services. By establishing this network an inclusive, evidence-based and performance-oriented comparison of all PES leading to the identification of best practices will be possible. With these results members of the network should be able to shape the design and delivery of employment services within their specific responsibilities. The initiatives carried out by the Network should improve PES effectiveness and allow for more efficient public spending. The Network should also cooperate with private employment services.
Amendment 57 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) reducing youth unemployment by monitoring and supporting the implementation of initiatives such as the Youth Guarantee;
Amendment 60 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e b (new)
Article 2 – paragraph 1 – point e b (new)
(eb) identifying skills gaps and providing information on their extent and location;
Amendment 69 #
2013/0202(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) establish and share best practice on the identification of NEETs and on the development of initiatives to ensure these young people gain the skills necessary to enter and remain in the labour market.
Amendment 88 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a
Article 37 a
Amendment 89 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 1
Article 37 a – paragraph 1
The Management Board shall be assisted by an Executive Board.t least one working group:
Amendment 91 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 2
Article 37 a – paragraph 2
The Executive Boardworking group (s) shall:
Amendment 95 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 2 – point b
Article 37 a – paragraph 2 – point b
Amendment 97 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 2 – point c
Article 37 a – paragraph 2 – point c
without prejudice to the responsibilities of the Executive Director, as set out in Article 38, assist and advise him/her in the preparation, and subsequent implementation, of the decisions of the Management Board, wi in the a view to reinforcing supervision of administrative and budgetary mreas of budgetary management, staffing policy, the work programme and other preparatory work of the Management Board.
Amendment 99 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Amendment 100 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 4
Article 37 a – paragraph 4
The Executive Boardworking group (s) shall be composed of the Chairperson of the Management Board,at least one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall alsowo members of the Management Board. The Chairperson of the working group (s) shall be appointed bey the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to voteManagement Board.
Amendment 101 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 5
Article 37 a – paragraph 5
Amendment 102 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 6
Article 37 a – paragraph 6
The Executive Board shall hold at least one wordkinary meeting every three months. In addition, itg group (s) shall meet on the initiative of its Chairperson or at the request of its members.
Amendment 103 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 32
Article 1 – point 32
Regulation (EC) No 216/2008
Article 37 a – paragraph 7
Article 37 a – paragraph 7
The Management Board shall lay down the rules of procedure of the Executive Boardworking group (s) with a view of improving the efficiency and decision-making of the Agency.
Amendment 210 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Member States shall take all necessary measures to ensure that, in accordance with this Article, providers of terminal air navigation and/or support services can compete within the Union on the basis of equitable, non-discriminatory and transparent conditions for the purpose of providing these services.
Amendment 220 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take all necessary measures to ensure that the provision of air traffic services is separated from the provision of support services. This separation shall include the requirement thatThe Commission shall present the necessary guidance for Member states to remove the barriers to fair competition in the provision of terminal air navigation and/or support services. One year after the entry into force of this Regulation, the European Commission shall present an impact assessment and analysis of the costs and benefits of separation between air traffic services and support services are provided by separate undertakings.
Amendment 227 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In choosing the provider of support services, inases of support services provided under market conditions, the entity procuring those services shall do so in accordance with Directive 2004/18/EC with particular focus on cost efficiency, overall service quality and safety of services shall be taken into account by the entity procuring those, interoperability and safety of services.
Amendment 249 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national or functional airspace block plans referred to in paragraph 1(b), shall be drawn up by national supervisory authorities and adopted by the Member State(s). These plans shall include binding local targets and an appropriate incentive scheme as adopted by the Member State(s). Drafting of the plans shall be subject to consultation with the European Commission, the Performance review body, air navigation service providers, airspace users' representatives, and, where relevant, airport operators and airport coordinators.
Amendment 267 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 1 – point c
Article 11 – paragraph 7 – subparagraph 1 – point c
(c) establishment and revision of Union - wide and associated local performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks; Union-wide performance targets shall be set with a view of ensuring each functional airspace block retains enough flexibility to achieve the best results.
Amendment 295 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States, National supervisory authorities as well as air traffic service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this Article. Where relevant, cooperation may also include National supervisory authorities and air traffic service providers from third countries taking part in functional airspace blocks.
Amendment 179 #
2013/0157(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, the port infrastructure charges of each individual port should be set by the managing body of the port in a transparent and autonomous way in accordance with that port's own commercial and investment strategy.
Amendment 266 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. 'Privately owned and operated port' means a port that is not owned and operated by a national authority, a region, a province or a municipality;
Amendment 366 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may contractually require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 439 #
2013/0157(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Financial transparency of privately owned and operated ports Without prejudice to requirements under State aid, competition law and other relevant legislation, transparency requirements under Articles 13 and 14 may not apply in the cases of privately owned and operated ports if the disclosure of information in the setting of charges relates to impending developments or matters in the course of negotiations that may, as a consequence, interfere with the business model, and ultimately, distort competition. For this reason, the managing body should be able to decide whether disclosing such information would be seriously prejudicial to the interests of the undertaking. Where the managing body has not disclosed information according to this paragraph, it shall provide a statement to this effect.
Amendment 443 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both. This committee shall be called the ‘port users’ advisory committee‘. The managing body of a privately owned and operated port may decide not to establish such a committee.
Amendment 121 #
2013/0137(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security, andor to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material, particularly agricultural species material, should not be made available on the market as standard material if the certification costs are proportionate to those objectives.
Amendment 195 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
Amendment 229 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) ‘m"Making available on the market’", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
Amendment 242 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing in order to directly make available on the market;
Amendment 265 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 10 a (new)
Article 3 – point 10 a (new)
(10a) 'Small quantities' means quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 266 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" means any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 279 #
2013/0137(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 292 #
2013/0137(COD)
Proposal for a regulation
Article 7 – point h
Article 7 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 305 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retaito consumers who are not professional.
Amendment 333 #
2013/0137(COD)
Proposal for a regulation
Article 10 – point 6
Article 10 – point 6
(6) ‘pre-basic material’ means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
Amendment 336 #
2013/0137(COD)
Proposal for a regulation
Article 10 – point 7
Article 10 – point 7
(7) ‘basic material’ means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
Amendment 339 #
2013/0137(COD)
Proposal for a regulation
Article 10 – point 8
Article 10 – point 8
(8) ‘certified material’ means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of further certified material or marketing for commercial crop production;
Amendment 375 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 527 #
2013/0137(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 531 #
2013/0137(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
Article 24 – paragraph 4 – point b a (new)
(ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3.
Amendment 532 #
2013/0137(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 549 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter ‘post certification tests’) to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
Amendment 551 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Post certification tests shall be carried out through samples taken by the competent authority. They shall assess the identity and purity of the plant reproductive material concerned. Samples may be taken by the professional operator in compliance with Articles 23 and 24 in cases where the primary purpose of the test is pre-control of the next generation.
Amendment 584 #
2013/0137(COD)
Proposal for a regulation
Article 34 – paragraph 3 – point b
Article 34 – paragraph 3 – point b
Amendment 585 #
2013/0137(COD)
Proposal for a regulation
Article 34 – paragraph 3 – point c
Article 34 – paragraph 3 – point c
Amendment 586 #
2013/0137(COD)
Proposal for a regulation
Article 34 – paragraph 3 – point e
Article 34 – paragraph 3 – point e
Amendment 587 #
2013/0137(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Member States whose competent authorities have granted the authorisation referred to in paragraph 1 shall inform thereof the other Member States, the Commission andreport annually on these authorisations and the information submitted pursuant to paragraph 3, to the European Agency for Plant Varieties (hereinafter: ‘the Agency’).
Amendment 651 #
2013/0137(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 5% compared to the germination rate required pursuant to Article 16(2).
Amendment 659 #
2013/0137(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from onebetween professional operator to another, without being further transferred to any other persons.
Amendment 661 #
2013/0137(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 664 #
2013/0137(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Competent authorities may authorise the making available on the market of seeds for a specific period of time, as pre-basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
Amendment 665 #
2013/0137(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one the basis of a profesvisional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germinationanalytical report concerning germination or on the basis of a test for seed viability which makes a germination test unnecessary.
Amendment 668 #
2013/0137(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) the duration of period in which such seed may be made available on the marketests for seed viability; and
Amendment 701 #
2013/0137(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 711 #
2013/0137(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognised description and a denominprofessional operator making material available on the market provides sufficient assurance of the identity and denomination of the variety through information provided on any other public or private list and traceability of preceding cycles of multiplication.;
Amendment 713 #
2013/0137(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
Article 50 – paragraph 1 – point c a (new)
c a) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 856 #
2013/0137(COD)
Proposal for a regulation
Article 60 – paragraph 2 – point a
Article 60 – paragraph 2 – point a
(a) that variety is included in a nationn official variety register or in a Union variety registerny country;
Amendment 857 #
2013/0137(COD)
Proposal for a regulation
Article 60 – paragraph 2 – point b
Article 60 – paragraph 2 – point b
(b) an application has been filed for registration of that variety in a nationn official variety register pursuant to Article 66, or in the Union variety register pursuant to Article 95(1), o, or for the granting of a plant variety right in respect of that variety in any country, as long as the application entails entrance into the official variety register for the granting of a plant variety right in respect of that variety in the Union;
Amendment 867 #
2013/0137(COD)
Proposal for a regulation
Article 63
Article 63
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1). For those species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added directly to the national or Union register as appropriate under Articles 51 and 52.
Amendment 889 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 960 #
2013/0137(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 977 #
2013/0137(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 978 #
2013/0137(COD)
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 980 #
2013/0137(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 981 #
2013/0137(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. After having given the applicant an opportunity to comment on the provisional examination report and the provisional offOn completion of technicial descripexamination, the competent authority shall establish a final examination report and a final official description.
Amendment 982 #
2013/0137(COD)
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 1003 #
Amendment 33 #
2013/0124(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions, as stated in Article 45(2) TFEU, by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.
Amendment 66 #
2013/0124(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To provide more effective levels of protection, associations and legal entities should also be empowered to engage, as the Member States determine and in accordance with national practices, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defensce before the courts.
Amendment 78 #
2013/0124(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 152 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in Article 4, the provision of independent legal and/or other assistance, in accordance with national laws and practices, to workers or the members of their family in pursuing their complaints;
Amendment 158 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure thatould encourage existing or newly created bodies are aware,to make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.
Amendment 163 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States should ensure that where the tasks referred to in Article 5(1) and 5(2) are allocated to more than one body, responsibilities are adequately delineated between these bodies.
Amendment 181 #
2013/0124(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights conferred by the Union law on free movement of workers. and on means of protection and redress for these rights. This information should also be easily accessible through Your Europe and EURES.
Amendment 194 #
2013/0124(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In this report, the Commission shall pay extra attention to possible difficulties young graduates encounter when moving across the Union.
Amendment 196 #
2013/0124(COD)
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. The Commission shall also analyse the possible difficulties that spouses of workers encounter when those spouses are third country nationals.
Amendment 57 #
2013/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into forcee appropriate requirements are laid down at the European level, as the products are available on the market and already used in other continents.
Amendment 61 #
2013/0105(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Heavy-good vehicles are responsible for about 26 percent of road transport CO2 emissions in Europe while their fuel efficiency has hardly improved for the last 20 years. The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any derogation should not be used to increase the payload of the vehicle.
Amendment 66 #
2013/0105(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In its policy orientations on road safety 2011-20207 , the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community8 . A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. This new profile cshould also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety. __________________ 7 COM(2010) 389 COM(2010) 389 8 COM (2012) 258 COM (2012) 258
Amendment 72 #
2013/0105(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Aerodynamic devices and their installation in vehicles must be tested, in accordance with the test procedure for measurement of aerodynamic performance being developed by the European Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates.
Amendment 83 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be uremain an exception to the common standards laid down under this directive and may only be authorised in cross- border transport in special circumstances if the two Member States concerned already allowuthorise it and if the conditions for derogation under Article 4(3), (4), (4a new) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances tshould ensure that any derogation to the standards laid down under this Directive does not affect international competition and the environmental and safety objectives of the European Union. The Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the needneeds to be ensured whereas there is also a necessity to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect and affecting the environmental and safety objectives of the European Union. It is therefore appropriate to lay down minimum requirements for the operation of these vehicles.
Amendment 90 #
2013/0105(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Longer and heavier goods vehicles are expected to require investments to adapt and maintain the road infrastructure as well as to strengthen measures to reduce noise, air pollution, accidents and congestion. Thereby, Member states may in any case prohibit the use of these vehicles within their territory ;
Amendment 96 #
2013/0105(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Using low-carbon technologies, including alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments), generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms.
Amendment 106 #
2013/0105(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. Taking into account the specific circumstances of island member states, to link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra- European maritime transport operation.
Amendment 110 #
2013/0105(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety. It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre- selections for manual checks. , based on a risk-rating system.
Amendment 115 #
2013/0105(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Simple technological solutions, fixed or mobile, are now available that allow inspectors to preselect vehicles suspected of infringements without stopping the vehicles in question, which is less disadvantageous in terms of traffic flow, less onerous and allows optimal safety conditions. SomeIn addition, where appropriate, devices mayshould be installed onboard heavy goods vehicles andto give the driver a way of checking whether his or her vehicle is compliant with the law. These onboard devices may also use a microwave communication interface to communicate their data to officials or to roadside automatic inspection systems without stopping the vehicle. The pre-selection should be based on a risk-rating system to ensure an efficiency of the checks, and have a minimum threshold of one weighing per 2 000 vehicle kilometres to ensure the effectiveness of the roadside checks on the territory of the Union, because this would allow every vehicle to be checked on a statistical average of every three days.
Amendment 116 #
2013/0105(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate and, dissuasive and non-discriminatory.
Amendment 120 #
2013/0105(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States through their contact point, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.
Amendment 124 #
2013/0105(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, with a view of reviewing European type approval procedures as referred to in Directive 2007/46/EC within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 131 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 2 a (new)
Article 1 – paragraph 1 – point 1 – indent 2 a (new)
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
- ‘low carbon technology’ means an innovative technology where the CO2 savings can be demonstrated
Amendment 157 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b – introductory part
Article 1 – paragraph 1 – point 2 – point b – introductory part
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
(b) The first phrase of the second subparagraph of Article 4(4) is replaced by the following phraseIn Article 4(4) – subparagraph 1 is amended as follows: Member States may only allow vehicles or vehicle combinations used for goods transport which carry out certain national transport operations that do not affect significantly international competition in the transport sector and the environmental and safety objectives of the European Union, to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I :
Amendment 168 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Transport operations shall be considered to not significantly affect international competition in the transport sector and the environmental and safety objectives of the European Union if they take place on the territory of a Member State or, for a cross- border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one ofif the conditions under (a) are fulfilled, or if they have both adopted measures as referred to in Article 4a (new) and the conditions under (ab) and (b) isre fulfilled:
Amendment 169 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/53/EC
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
(ba) The following paragraph is added to article 4: (7a) No later than [three years from the date of publication of this Directive], the Commission shall submit a report to the European Parliament and the Council on the application of article 4 and 4a (new). The report shall assess if the provisions under article 4 contradict the safety and environmental objectives of the Union and if article 4a (new) needs to be adapted in line with new technological developments. The report shall be accompanied by a legislative proposal if appropriate.
Amendment 170 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b b (new)
Article 1 – paragraph 1 – point 2 – point b b (new)
Directive 96/53/EC
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
(bb) The following paragraph is added to article 4 : 7b. Two neighbouring Member States may authorise vehicles or vehicle combinations used for goods transport to circulate in their territory for a cross- border operation, with dimensions exceeding those laid down in point 1.3 of Annex 1, provided that their use is notified to the European Commission before the adoption of this Directive.
Amendment 185 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a (new)
Article 1 – paragraph 1 – point 2 – point a (new)
Directive 96/53/EC
Article 4 a (new)
Article 4 a (new)
Amendment 241 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
Before they are put on the market, the aerodynamic performance of new motor vehicle designs shall be tested by Member States, who will issue a certificate to this end. This will certifye test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the European Commission. This will certify consistency and compliance with the requirements of paragraph 2 above. The test certificates issued in one Member State shall be recognised by the other Member States.
Amendment 249 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
No later than one year from the date of publication of this Directive, The Commission shall be empowered to adopt delegated acts concerning the requirements which the new tractor cabs must meet in accordance with Article 16 within the framework of UNECE regulations. These take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3.
Amendment 257 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 96/53/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
The maximum weights of vehicles with hybrid propulsion or fully electric propulsionequipped with low carbon technologies shall be those set out in Annex I, point 2.3.14.
Amendment 259 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 96/53/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
The vehicles with hybrid or electric propulsionequipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.
Amendment 277 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – second part
Article 11 – paragraph 1 – second part
For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra- European short sea shipping, regardless of the lengths of the initial and terminal road journeys, to ensure a level-playing field between Member states. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg.
Amendment 282 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
The Member States shall establish a risk- rating system for pre-selecting and targeting checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements, in particular requirements laid down under article 4a (new), of this Directive.
Amendment 290 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is tobased on a risk-rating system is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, such as Automatic Number Plate Recognition combined with weight in motion technology, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre- selection purposes, and not to define an offence, they do not have to be certified by the Member States.
Amendment 298 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 4
Article 12 – paragraph 4
Member States shall ensure that the competent authorities, through a single contact point, exchange the information necessary to make these checks more effective at EU level, and to facilitate their conduct, notably through the national contact point responsible for the exchange of information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact point is designated in accordance with Article 18(1) of Regulation 1071/2009/EC.
Amendment 320 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
An overload of between 10 and 2015 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,
Amendment 322 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
An overload of more than 2015 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/200914 , __________________ 14 OJ L300, 14.11.2009, p. 51. OJ L300, 14.11.2009, p. 51.
Amendment 358 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c a (new)
Article 1 – paragraph 1 – point 16 – point c a (new)
Directive 96/53/EC
Annex I – point 2.3.4 (new)
Annex I – point 2.3.4 (new)
(ca) The following point is added : 2.3.4 Low carbon technologies: the maximum weight is that mentioned in point 2.3.1,2.3.2 or 2.3.3 increased by the additional weight required for the low carbon technology, with a maximum of 1 tonne. That additional weight shall be certified and indicated in the official registration documents of the motor vehicle issued by the Member State where the vehicle is registered. In cases where this information is missing, the values mentioned in points 2..1,2.3.2 or 2.3.3 shall apply.
Amendment 116 #
2013/0072(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EC) No 261/2004 also applies to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours17 . The passengers should be able to 1 OJ L158, 23.6.1990, p.59 choose under which law they introduce their claims, but should not have the right to cumulate compensation for the same problem under both legal acts. Passengers should not be concerned about how air carriers and tour operators allocate such claims between them, and should be given the evidence necessary from air carriers or tour operators to finalise their claims without delay. __________________ 17 OJ L158, 23.6.1990, p.59
Amendment 136 #
2013/0072(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Passengers missing a connecting flight should be properly cared for while waiting for rerouting. In line with the principle of equal treatment, such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journeySuch passengers should be given clear information on liability of the carriers, in the event of damage to baggage during the journey, on differentiated baggage allowances, compensation for delays and rules between carriers as well as on adequate rerouting in case of travel disruption and missed connections, including intermodal rerouting.
Amendment 145 #
2013/0072(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 175 #
2013/0072(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) In order to improve passenger protection beyond EU borders, passenger rights should be continuously addressed in bilateral and international agreements.
Amendment 286 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5
Article 5 – paragraph 5
At airports whose annual traffic has been not less than three million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport and of airport users, in particular the air carriers and the suppliers of ground handling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence. The contingency plan shall be set up in cooperation with the relevant national, regional or local authorities, to ensure adequate information and assistance to the stranded passengers. The managing body of the airport shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. At airports below the above-mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations.
Amendment 309 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 311 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
In Article 6(2) the following point shall be inserted: (aa) five hours or more after the scheduled time of arrival for all journeys between 1500 and 3500 kilometres ;
Amendment 319 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
nine hours or more after the scheduled time of arrival for journeys to/from third countriefor all journeys between 3500 and 6000 kilometres;
Amendment 329 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
twelve hours or more after the scheduled time of arrival for all journeys to/from third countries of 6000 kilometres or more.
Amendment 368 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delay shall be calculated by reference to the scheduled time of arrival at the final destination.
Amendment 401 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
In Article 8(1), the following point shall be inserted: ba) continuation of the passengers' travel plans by re-routing them, through other modes of transport, to their final destination at the earliest opportunity; or
Amendment 403 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 4
Article 8 – paragraph 4
Where agreed by the passenger, the return flight or flights referred to in paragraph 1(a) or the re-routing referred to in paragraph 1(b), 1 (ba) or 1(c) may use services operated by another air carrier, involve a different routing, or use another mode of transport.
Amendment 409 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 5
Article 8 – paragraph 5
Where passengers choose the option referred to in paragraph 1(b), they shall, subject to availability, have the right to re- routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 125 hours of the scheduled arrival time. Notwithstanding Article 22(1) of Regulation (EC) No 1008/200823, the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months. __________________ 23 OJ L293, 31.10.2008, p.3 OJ L293, 31.10.2008, p.3
Amendment 536 #
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 6d – paragraph 1
Article 6d – paragraph 1
Whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at booking and at the check-in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would be applied within a given maximum baggage allowance and any restrictions of airport purchases. Where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport.
Amendment 555 #
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 6e – paragraph 2
Article 6e – paragraph 2
Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Such additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. An air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges.
Amendment 22 #
2013/0029(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Several studies and questionnaires demonstrate that in Member States who have opened their markets for domestic passenger transport, such as Sweden and the United Kingdom, the railway market grew, including more satisfied passengers and personnel.
Amendment 24 #
2013/0029(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The opening of the market for domestic passenger transport will have a positive impact on the working of the European railway market; this will lead to more flexibility and more possibilities for companies and passengers. Railway personnel will also benefit from the opening, as it will improve their chances to provide their services to new players on the market. Experienced workers can create an added value to the new players, leading to better labour conditions.
Amendment 25 #
2013/0029(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States are responsible for the organisation of their labour markets for railway personnel. They should however make sure that the way the labour market is organised, does not harm the quality of the service. European laws do already provide for a clear framework for the protection of railway workers.
Amendment 28 #
2013/0029(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Vertically integrated undertakings can never have the necessary independence between the infrastructure manager and the railway undertaking. The structure can therefore lead to cross subsidising, which hampers the level playing field and leads to distortion of competition.
Amendment 32 #
2013/0029(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Regulatory bodies should assess the potential economic impact of domestic passenger services provided under open access conditions on existing public service contracts as well as the potential economic impact of a new or altered public service contract on services provided under open access conditions by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, following a request made by interested parties and on the basis of an objective economic analysis.
Amendment 33 #
2013/0029(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the economic equilibrium of the public service contract or of the service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, would be compromised should take into account predetermined criteria. Such criteria and the details of procedure to be followed may evolve over time, in particular in the light of the experience of regulatory bodies, competent authorities and railway undertakings and may take into account the specific characteristics of domestic passenger services.
Amendment 54 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point 5
Article 1 – point 3 – point 5
Amendment 58 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7d – paragraph 1
Article 7d – paragraph 1
Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 59 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States may limit the right of creating new or altered passenger services under public service contracts when the new or altered public service contracts compromise the economic equilibrium of the existing services provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive;
Amendment 60 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In order to determine whether the economic equilibrium of a public service contract or of a service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive in case of creation of a new public service contract or alteration of an existing public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on pre-determined criteria. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):
Amendment 62 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b – subpoint d a (new)
Article 1 – point 6 – point b – subpoint d a (new)
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1 – point da (new)
Article 11 – paragraph 2 – subparagraph 1 – point da (new)
(da) the railway undertaking which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive.
Amendment 62 #
2013/0029(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Cross-border issues such as track- access charges should be addressed efficiently between infrastructure managers of the different Member States through the establishment of a European network of infrastructure managers.
Amendment 63 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point c – subpoint d
Article 1 – point 6 – point c – subpoint d
Directive 2012/34/EU
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
the railway undertaking seeking access or which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive.
Amendment 64 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 2012/34/EU
Article 11 – paragraph 3 – subparagraph 2 a (new)
Article 11 – paragraph 3 – subparagraph 2 a (new)
In case the regulatory body decides that the economic equilibrium of a service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, would be compromised by the intended new or altered public service contract, it shall indicate possible changes to such contracts or make recommendations for compensation of the affected railway undertaking.
Amendment 68 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
Where an applicant intends to request infrastructure capacity with a view to operating a passenger service according to Article 10, paragraph 2 of this Directive or to operating a new or altered public service contract, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts or on the service provided by the railway undertaking which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract or a new or altered public service contract on a route defined under open access conditions, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service, or providing a service according to Article 10, paragraph 2 of this Directive, is informed without undue delay and at the latest within five days.
Amendment 70 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2012/34/EC
Article 63 – paragraph 1
Article 63 – paragraph 1
By 31 December 20240, the Commission shall evaluate the impact of this Directive on the rail sector and shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its implementation.
Amendment 71 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2012/34/EU
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
By 2020, the Commission shall also investigate whether the organisation of the national labour market hampers further market opening, integration and the quality of services provided to the customers. If appropriate, the Commission shall propose new legislative measures to ensure a level playing field for all railway undertakings.
Amendment 78 #
2013/0029(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The existing requirements for the independence of infrastructure managers from railway transport undertakings, as laid down in Directive 2012/34/EU, only cover the essential functions of the infrastructure manager, which are the decision-making on train path allocation, and the decision-making on infrastructure charging. It is however necessary that all the functions are exercised in an independent way, since other functions may equally be used to discriminate against competitors. This is in particular true for decisions on access to ticketing services, stations and depots, on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking. Decisions on the planning of maintenance works may influence the availability of train paths for the competitors.
Amendment 111 #
2013/0029(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings, For this reason, without prejudice to Art 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State, a railway undertaking or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.
Amendment 117 #
2013/0029(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Regulatory bodies should assess the potential economic impact of domestic passenger services provided under open access conditions on existing public service contracts as well as the potential economic impact of a new or altered public service contract on services provided under open access conditions by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, following a request made by interested parties and on the basis of an objective economic analysis.
Amendment 118 #
2013/0029(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the economic equilibrium of the public service contract or of the service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, would be compromised should take into account predetermined criteria. Such criteria and the details of procedure to be followed may evolve over time, in particular in the light of the experience of regulatory bodies, competent authorities and railway undertakings and may take into account the specific characteristics of domestic passenger services.
Amendment 123 #
2013/0029(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to increase the attractiveness of railway services for passengers, Member States should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through-tickets and reservations. If sSuch a scheme is established, it should be ensured that it does not create market distortion or discriminate between railway undertakings.
Amendment 237 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 361 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 1
Article 7 c – paragraph 1
1. Upon request of a Member State, a railway undertaking or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market.
Amendment 416 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Article 7 e – paragraph 1 – subparagraph 1
Member States shall ensure that infrastructure managers participate and cooperate in a network to develop the Union rail infrastructure, in particular to ensure timely and efficient implementation of the trans-European transport network, including the core network corridors, rail freight corridors according to Regulation (EU) No 913/2010 and the European Rail Traffic Management System (ERTMS) deployment plan laid down in Decision 2012/88/EU. This network shall also address efficiently cross-border issues such as track-access charges.
Amendment 456 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1 – subparagraph 1a (new)
Article 11 – paragraph 1 – subparagraph 1a (new)
Member States may limit the right of creating new or altered passenger services under public service contracts when the new or altered public service contracts compromise the economic equilibrium of the existing services provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive;
Amendment 461 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In order to determine whether the economic equilibrium of a public service contract or of a service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive in case of creation of a new public service contract or alteration of an existing public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on pre-determined criteria. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):
Amendment 464 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) new the railway undertaking which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive
Amendment 468 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 2012/34/EU
Article 11 – paragraph 3 – point (d)
Article 11 – paragraph 3 – point (d)
d) the railway undertaking seeking access. or which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive
Amendment 471 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 2012/34/EU
Article 11 – paragraph 3 – subparagraph 2a (new)
Article 11 – paragraph 3 – subparagraph 2a (new)
In case the regulatory body decides that the economic equilibrium of a service provided by railway undertakings which have been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, would be compromised by the intended new or altered public service contract, it shall indicate possible changes to such contracts or make recommendations for compensation of the affected railway undertaking.
Amendment 486 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States mayshall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it doesRegulatory bodies shall ensure that common information and integrated ticketing schemes do not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.
Amendment 512 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service according to Article 10, paragraph 2 of this Directive or to operating a new or altered public service contract, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts or on the service provided by the railway undertaking which has been granted access to railway infrastructure according to Article 10, paragraph 2 of this Directive, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on thata route defined in a public service contract or a new or altered public service contract on a route defined under open access conditions, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service, or providing a service according to Article 10, paragraph 2 of this Directive is informed without undue delay and at the latest within five days.
Amendment 33 #
2013/0028(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decade, the growth of passenger traffic by rail has been insufficient to increase its modal share in comparison to cars and aviation. The 6% modal share of passenger transport for rail in the European Union has remained fairly stable. Rail passenger services have not kept pace with evolving needs in terms of availability and quality. However, countries which have opened their market to competition with a combination of open access rights and public service obligations have seen a rise of employment in the rail sector and an increase of number of passenger- kilometres creating new employment opportunities in the rail sector.
Amendment 35 #
2013/0028(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) To guarantee high service quality to passengers while achieving public passenger transport policy objectives, open access rights should be the rule to be coordinated with mandatory tendering for public service contracts.
Amendment 36 #
2013/0028(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) The direct award of a public service contract should be restricted to specific conditions such as the risk of disruption in the provision of services and thus should be limited in time.
Amendment 44 #
2013/0028(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) To guarantee high service quality to passengers while achieving public passenger transport policy objectives, open access rights should be the rule to be coordinated with mandatory tendering for public service contracts
Amendment 45 #
2013/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States to ensure a level-playing field between all potential bidders.
Amendment 45 #
2013/0028(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The direct award of a public service contract should be restricted to specific conditions such as the risk of disruption in the provision of services and thus should be limited in time
Amendment 56 #
2013/0028(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatory competitive tendering for public service contracts requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are therefore necessary for contracts directly awardedhe tendering procedure for such contracts should be phased-in between the date of entry into force of this Regulation and 3 December 2019.
Amendment 58 #
2013/0028(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A maximum annual volume of a public service contract for passenger transport by rail needs to be set in a way thato facilitates competition between small bidders, new entrants and the incumbent operator, for such contracts while allowing competent authorities some flexibility to optimise the volume according to economic and operational considerations.
Amendment 75 #
2013/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States to ensure a level-playing field between all potential bidders.
Amendment 94 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Unless prohibited by national law, the competent authorities may decide to award public service contracts directly for a maximum period of five years :
Amendment 94 #
2013/0028(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatory competitive tendering for public service contracts requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are therefore necessary for contracts directly awarded between the date of entry into force of this Regulation and 3 December 2019. The tendering procedure for such contracts should be phased-in between the date of entry into force of this Regulation and 3 December 2019
Amendment 106 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event,after the entry into force of this regulation shall not continue after 31 December 202219.
Amendment 122 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No. 1370/2007
Article 2 – point c
Article 2 – point c
Amendment 148 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1
Article 2 a (new) – paragraph 1 – subparagraph 1
1. Competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:
Amendment 155 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Amendment 157 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Amendment 165 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Amendment 174 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Amendment 179 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2a (new) – paragraph 1 – subparagraph 1 – point e
Article 2a (new) – paragraph 1 – subparagraph 1 – point e
Amendment 185 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
Article 2 a (new) – paragraph 1 – subparagraph 2
Amendment 207 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 1 – point a
Article 2 a (new) – paragraph 3 – subparagraph 1 – point a
they shall be defined in accordance with Article 2a (e1);
Amendment 211 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new)– paragraph 3 – subparagraph 2
Article 2 a (new)– paragraph 3 – subparagraph 2
Amendment 214 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 3
Article 2 a (new) – paragraph 3 – subparagraph 3
Amendment 217 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4
Article 2 a (new) – paragraph 4
Amendment 230 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 5
Article 2 a (new) – paragraph 5
Amendment 238 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point a
Article 2 a (new) – paragraph 6 – point a
Amendment 256 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract. – one half of the total national public rail passenger transport volume under public service contract for Member states with a total volume not exceeding 100 million train-km/year – one third of the total national public rail passenger transport volume under public service contract for Member states with a total above 100 million train-km/year and not exceeding 200 million train-km/year – one quarter of the total national public rail passenger transport volume under public service contract for Member states with a total exceeding 200 million train- km/year
Amendment 299 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Unless prohibited by national law, the competent authorities may decide to award public service contracts directly for a maximum period of five years :
Amendment 324 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a a (new)
Article 1 – point 4 – point a a (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 5
Article 5 – paragraph 5
Paragraph 5 is replaced as follows: 5. In the event of a disruption of services or the immediate risk of such a situation, the competent authority may take an emergency measure. This emergency measure shall take the form of a direct award or a formal agreement to extend a public service contract or a requirement to provide certain public service obligations. The public service operator shall have the right to appeal against the decision to impose the provision of certain public service obligations. The award or extension of a public service contract by emergency measure or the imposition of such a contract shall not exceed five years.
Amendment 407 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event,after the entry into force of this regulation shall not continue after 31 December 202219 .
Amendment 90 #
2013/0016(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Safety levels in the Union's rail system are generally high, in particular compared to road transport. In line with technical and scientific progress, safety should be further improved, whenso far as is reasonably practicable, and taking into account the expected improvement in the competitiveness of rail transport.
Amendment 94 #
2013/0016(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers, carriers, consignors, fillers, loaders entities in charge of maintenance, maintenance suppliers, wagon keepers, service providers and procurement entities from assuming responsibility for their products or services. To avoid the risk that the responsibilities are not properly assumed, each relevant actor should be made responsible for its particular process through contractual agreements. Each actor in the rail system should be responsible in respect to the other actors for complete and truthful communication of all relevant information to check if the vehicles are fit to run. In particular that concerns information on the status and history of the vehicle, maintenance files, traceability of loading operations, and consignment notes.
Amendment 98 #
2013/0016(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Common safety targets (CSTs) and CSMs have been gradually introduced to ensure that safety is maintained at a high level and, when necessary and whereso far as is reasonably practicable , improved. They should provide tools for assessment of the safety and performance of operators at Union level as well as in the Member States. Common safety indicators (CSIs) have been established in order to assess whether systems comply with the CSTs and to facilitate the monitoring of railway safety performance.
Amendment 105 #
2013/0016(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To ensure a high level of railway safety and equal conditions for all railway undertakings, the latter should be subject to the same safety requirements. A licensed railway undertaking should hold a safety certificate in order to obtain access to the railway infrastructure. The safety certificate should provide evidence that the railway undertaking has established its safety management system and is able to comply with the relevant safety standards and rulesystems and national rules of the areas of use where it intends to operate. For international transport services, it should be enough to approve the safety management system only once at Union level.
Amendment 106 #
2013/0016(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Harmonised methods based on Directive 2004/49/EC have been established to be applied to the railway undertakings and the national safety authorities on monitoring, conformity assessment, supervision and on risk evaluation and assessment. This regulatory framework is sufficiently mature to move progressively towards a ‘single safety certificate’, valid throughout the Union within the specified areas of use. The move to a single safety certificate should make the rail system more effective and efficient by reducing administrative burdens for the railway undertakings.
Amendment 107 #
2013/0016(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Infrastructure manager should have a key responsibility for the safe design, maintenance and operation of its rail network. The infrastructure manager should be subject to safety authorisation by the national safety authority concerning its safety management system and other provisions to meet safety requirements. The European railway agency should be in charge of delivering the safety authorisation in the case of crossborder infrastructures.
Amendment 112 #
2013/0016(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The entity in charge of maintenance should be certified for freight wagons. Where the entity in charge of maintenance is an infrastructure manager, this certification should be included in the procedure for safety authorisation. The certificate issued to such an entity should guarantee that the maintenance requirements of this Directive are met for any freight wagon for which the entity is in charge. This certificate should be valid in the whole Union and should be issued by a body able to audit the maintenance system set up by the entity. As freight wagons are frequently used in international traffic and as the entity in charge of maintenance may want to use workshops established in more than one Member State, the certification body should be able to implement its controls throughout the Union. When proceeding at the evaluation of the system of certification of the entity in charge of maintenance for freight wagons, the Agency should consider the opportunity for an extension of this certification to all vehicles.
Amendment 124 #
2013/0016(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to improve the efficiency of activities of an investigation body and to help it in discharging its duties, the investigation body should have timely access to the site of an accident, where necessary in good cooperation with the judicial authority. All parties involved, including the Agency, should provide all relevant information necessary to the activities of the investigation body. The reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at Union level. Safety recommendations should be acted upon by the addressees and actions reported back to the investigating body.
Amendment 125 #
2013/0016(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to supplement and amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of common safety methods and their revision, and revision of common safety indicators and common safety targets. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and especially with national safety authorities. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 130 #
2013/0016(COD)
Proposal for a directive
Article 1 – paragraph 1 – point e – point i (new)
Article 1 – paragraph 1 – point e – point i (new)
(i) introducing a single safety certificate that is valid and recognised in all Member states within the specified areas of use;
Amendment 131 #
2013/0016(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) metros, trams and light rail systems; (a) Untergrundbahn-, Straßenbahn- sowie Stadtbahnsysteme; (This affects only the DE version)
Amendment 136 #
2013/0016(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b a (new)
Article 2 – paragraph 3 – point b a (new)
(ba) rolling stock which has lost its authorisation and is being moved to a terminal or site to allow it to be reauthorised;
Amendment 148 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) 'area of use' means technically compatible network or networks within a Member State, or a group of Member States, on which a vehicle is intended to be operated or a railway undertaking intends to operate;
Amendment 158 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘keeper’ means the person or entity that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as such in the nationalEuropean vehicle register referred to in Article 43 of Directive XX on the interoperability of the rail system ;
Amendment 165 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point t
Article 3 – paragraph 1 – point t
(t) ‘entity in charge of maintenance’ means an entity in charge of maintenance of a vehicle, and registered as such in the nationalEuropean vehicle register ;
Amendment 178 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, whereso far as is reasonably practicable , continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents.
Amendment 210 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Any actor of the rail system who identifies a safety risk related to defects and construction non-conformities or malfunctions of technical equipment, including those of structural sub-systems, shall report those risks to the other parties involved, so far as is reasonably practicable, to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system.
Amendment 214 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. In case of exchange of vehicles between railways undertakings, all actors shall exchange all information relevant to safe operation using the European register of vehicles. Such information shall include information on the status and history of the vehicle, elements of the maintenance files, traceability of loading operations, and consignment notes. It shall be sufficiently detailed to allow an assessment of the risks of operating the vehicle by the railway undertaking.
Amendment 225 #
2013/0016(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The CSMs shall be revised at regular intervals, taking into account the experience gained from their application and the global development of railway safety and in view of generally maintaining and whereso far as is reasonably practicable, continuously improving safety.
Amendment 276 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The single safety certificate shall specify the type and, extent of the railway operations and the areas of use covered. It shall be valid throughout the Union for equivalent operations.
Amendment 292 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e
Article 10 – paragraph 4 – subparagraph 1 – point e
(e) the type and extent of its intended operation and areas of use corresponds to that specified in its single safety certificate.
Amendment 299 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
If the national safety authority has doubts concerning the fulfilment of one or more conditions it shall request more information from the railway undertaking. However, this exchange may not have any suspensive or delaying effect on the start of operation. If the national safety authorityor finds evidence that one or more conditions are not met, it shall immediately refer the matter to the Agency, which shall respectively request more information from the railway undertaking or take the appropriate measures, including revocation or suspension of the certificate.
Amendment 305 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
The single safety certificate shall be renewed upon application by the railway undertaking at intervals not exceeding five years. It shall be wholly or partly updated whenever the type or extent of the operation or areas of use is substantially altered.
Amendment 341 #
2013/0016(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In order to be allowed to manage and operate a rail infrastructure, the infrastructure manager shall obtain a safety authorisation from the national safety authority in the Member State where it is established. In case of crossborder infrastructures, the infrastructure manager shall obtain a safety authorisation from the European Railway Agency.
Amendment 356 #
2013/0016(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each vehicle, before it is placed in service or used on the network, shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the nationalEuropean vehicle register in accordance with Article 43 of Directive XX on interoperability of the rail system.
Amendment 111 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘upgrading’ means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘EC’ declaration of verification, if this technical file exists, and which improves the overall performance of the subsystem;
Amendment 118 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘renewal’ means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem;
Amendment 257 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A vehicleThe applicant shall be placed a vehicle on the market only after having received the vehicle authorisation for placing on the market issued by the Agency in accordance with paragraph 5.
Amendment 313 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Agency may issue vehicle authorisation for placing on the market for a series of vehicles. Those authorisations shall be valid in all Member States within the specified areas of use.
Amendment 329 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 336 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2
Article 20 – paragraph 9 – subparagraph 2
Amendment 364 #
2013/0015(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2 a (new)
Article 21 – paragraph 1 – subparagraph 2 a (new)
To ensure an efficient and safe placing in service of a vehicle, railway undertakings, infrastructure managers of the areas of use, networks or lines or groups of networks or lines and the Agency shall cooperate from the start of the authorisation process in agreeing compatibility with existing systems.
Amendment 41 #
2013/0014(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sectorexperts from the national safety authorities and other relevant national authorities as well as professionals from the railway sector. They should form competent and representative working parties of the Agency.
Amendment 45 #
2013/0014(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Railway undertakings have been faced with various problems when applying for safety certificates to competent national authorities, ranging from protracting procedures and excessive costs to unfair treatment, especially of new entrants. The certificates issued in one Member State have not been unconditionally recognised in other Member States, with a detriment to the Single European rail area. In order to make the procedures for issuing safety certificates to railway undertakings more efficient and impartial, it is essential to migrate towards a single safety certificate valid throughout the Union within the specified areas of use and issued by the Agency. The revised Directive … [Railway Safety Directive] provides a basis for this.
Amendment 51 #
2013/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to further pursue the development of Single European rail area, in particular with relation to providing appropriate information to freight customers and passengers, and taking into account current involvement of the Agency, it is necessary to give it a strengthened role in the field of telematics applications within a flexible framework ensuring interoperability as well as enabling innovative commercial strategies to coexist. This would ensure their consistent development and swift deployment.
Amendment 62 #
2013/0014(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Unvary according to the extent of operations and area of use specified in the certificate or authorisation and should be determined in a delegated act to be adopted by the Commission.
Amendment 64 #
2013/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is a general objective that the transfer of functions and tasks from the Member States to the Agency should be done efficiently, without any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise including through contractual agreements when granting the relevant authorisations and certificates. To this end, secondment of national experts to the Agency should be encouragstrongly encouraged, promoted and facilitated.
Amendment 68 #
2013/0014(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Performance, organisation and decision-making procedures in the field of railway interoperability and safety vary substantially among the national safety authorities and notified conformity assessment bodies, with a detrimental effect to smooth operation of the Single European rail area. In particular, small and medium companies wishing to enter the railway market in another Member State can be negatively affected. Therefore, a strengthened coordination with a view to greater harmonisation at the Union level is essential. To this end, the Agency should monitor the national safety authorities and notified conformity assessment bodies through audits and inspections. Equal monitoring of the performance of the Agency is as well required.
Amendment 70 #
2013/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The interoperability of the Trans- European network should be enhanced and theboth ongoing and new investment projects chosen for support by the Union should be in line with the objective of interoperability set in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the Trans-European transport network. The Agency is the right institution to contribute to these objectives.
Amendment 74 #
2013/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure the greatest possible transparency and equal access for all parties to relevant information, the documents envisaged for the railway interoperability and safety processes should be accessible to the public. The same applies to licences, safety certificates and other relevant railway documents. The Agency should provide an efficient, user friendly and easily accessible means of exchanging and publishing this information.
Amendment 75 #
2013/0014(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to increase the efficiency of the Union financial support, its quality and compatibility with relevant technical regulations, the Agency, as the only Union body with reputable competence in the railway field, should play an active role in the assessment of rail project should play an active role in the assessment of rail projects with European added value, in close cooperation with national infrastructure managers.
Amendment 76 #
2013/0014(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Railway interoperability and safety legislation, implementation guides or recommendations of the Agency may sometimes pose interpretation and other problems to the stakeholders. Proper and uniform understanding of those acts is a precondition for effective implementation of the railway acquis and the functioning of the railway market. Therefore, the Agency should actively engage in training and explanatory activities in that regard, with a particular attention to be given to small and medium-sized enterprises.
Amendment 80 #
2013/0014(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency's organisation should be transparent, the Executive Director should have full responsibility. The Agency's staff should be independent and should represent an appropriate balance of short-term and long-term contracts, of seconded national experts and permanent officials, in order to maintain its organisational knowledge and business continuity while keeping necessary and on- going exchange of expertise with the railway sector.
Amendment 86 #
2013/0014(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. A differentiated level of fees and charges should be applied according to the areas of use and extent of operations specified in safety certificates and authorisations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 135 #
2013/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Agency shall issue, renew, suspend, amend or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].
Amendment 145 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(ga) submit to the Commission the recommendations on European standards developed by European standardisation bodies, particularly concerning spare parts.
Amendment 157 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The drafting, adoption and review of each TSI, including the basic parameters, shall take account of the estimated costs and benefits of all the technical solutions considered, together with the interfaces between them, so as to establish and implement the most viable solutions.
Amendment 163 #
2013/0014(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Agency shall issue, renew, suspend, amend or revoke authorisations for placing on the market for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive].
Amendment 171 #
2013/0014(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Agency shall issue, renew, suspend, amend or revoke authorisations for placing on the market for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].
Amendment 184 #
2013/0014(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Agency shall issue, renew, suspend, amend or revoke authorisations for placing in service of the trackside control- command and signalling subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 192 #
2013/0014(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The Agency may play a role in promoting open and full access to data including international timetable dataset
Amendment 215 #
2013/0014(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) issue a recommendation addressed to the Member State concerned, that the problematic rule be repealed or modified immediately, and stating the reasons why theat rule in question shouldhas to be modified or repealed;
Amendment 218 #
2013/0014(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The procedure described in paragraphs 2 and 3 shall apply, mutatis mutandis, in cases where the Agency becomes aware of any national rule, notified or not, being redundant or in conflict with the CSMs, CSTs, TSIs or any other Union legislation in the railway field, or resulting in arbitrary discrimination or a disguised restriction on rail transport operation between or within Member States.
Amendment 224 #
2013/0014(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Within one month after the entry into force of this Directive, Member States shall notify to the Commission any existing national rule which has not been notified by the date of entry into force of this Regulation.
Amendment 250 #
2013/0014(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. At the Commission’s request, the Agency shall issue recommendations on how to improve the interoperability and safety of the railway systems, in particular by facilitating coordination between railway undertakings and infrastructure managers, or between infrastructure managers.
Amendment 270 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. The Agency shall make the following documents and registers provided for by Directive … [Interoperability Directive] and Directive … [Railway Safety Directive] publicly available through an implemented, user-friendly and easily accessible IT solution:
Amendment 274 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point g
Article 33 – paragraph 2 – point g
(g) the vehicle registers, including via links to relevant nationalEuropean vehicle registers;
Amendment 276 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point m a (new)
Article 33 – paragraph 2 – point m a (new)
(ma) the register of certified entities in charge of maintenance, in accordance with Article 14 of Directive...[railway safety directive]
Amendment 279 #
2013/0014(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The national authorities responsible for issuing the licences and certificates referred to in points (c) and (d) of paragraph 2 shall notify the Agency within one monthfifteen days of each individual decision to issue, renew, amend or revoke those licenses and certificates.
Amendment 291 #
2013/0014(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Without prejudice to the derogations provided for by Article 9 of Directive […] [Railway Interoperability Directive], the Agency shall, at the Commission's request, examine, from the point of view of interoperability and safety, any project involving the design, construction, renewal or upgrading of the subsystem for which an application for Union financial support has been submitted. In the case of projects funded under the Trans European Network – Transport (TEN-T) programme, the Agency should closely cooperate with the TEN-T Executive Agency.
Amendment 294 #
2013/0014(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Agency shall contribute to identifying potential railway spare parts to be standardised. To this end, the Agency mayshall establish a working party in order to coordinate the stakeholders' activities and mayshall establish contacts with the European standardisation bodies. The Agency shall present the Commission with appropriate recommendations two years after the entry into force of this regulation.
Amendment 312 #
2013/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The Agency shall establish one or more independent Boards of Appeal.
Amendment 323 #
2013/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The members of the Board of Appeal mayshall not take part in any appeal proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the decision under appeal.
Amendment 329 #
2013/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. An appeal may be brought before the Board of Appeal against decisions taken, or not taken within the prescribed time limits, by the Agency pursuant to Articles 12, 16, 17 and 18.
Amendment 339 #
2013/0014(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Any natural or legal person may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18 or against a failure to take a decision within the prescribed time limits.
Amendment 347 #
2013/0014(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. When examining the appeal, the Board of Appeal shall act expeditiously and within a maximum of two months. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limitsone month, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.
Amendment 359 #
2013/0014(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
(c) the fees paid by applicants for, and holders of, certificates and authorisations issued by the Agency in accordance with Articles 12, 16, 17 and 18. The Agency should set different price charging according to the areas of use of certificates and authorisations and type and extent of railway operations;
Amendment 362 #
2013/0014(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The Agency may alsoshall make use of Seconded National Experts and in particular staff from national safety authorities, or other staff not employed by the Agency under the Staff Regulations and the Conditions of Employment of Other Servants.
Amendment 385 #
2013/0014(COD)
Proposal for a regulation
Article 72 – title
Article 72 – title
Combating fraud Combating fraud and monitoring performance
Amendment 386 #
2013/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2 a (new)
Article 72 – paragraph 2 a (new)
2 a. The European Court of Auditors shall monitor the performance and decision-making of the Agency through audit and inspections.
Amendment 101 #
2013/0012(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Electricity is a clean fuel at the point of use and is particularly attractive for deployment of electric vehicles and electric two-wheelers in urban agglomerations which can contribute to improving air quality and reducing noise. Member States should ensure that recharging points for electric vehicles are built up with sufficient coverage, at least twice the number of vehicles, and 10% of them publicly accessible, focussing in particular on urban agglomerations. Private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots, such as in appartment blocks, office and business locations. Regulatory provisions should be set up by public authorities, assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers.
Amendment 127 #
2013/0012(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should ensure that publicly accessible infrastructure for the supply of hydrogen to motor vehicles is built up as the technology matures, with distances between refuelling points for motor vehicles allowing area covering circulation of hydrogen vehicles within the national territory, as well as a certain number of refuelling points located in urban agglomerations. This would allow hydrogen vehicles to circulate Union-wide.
Amendment 208 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that a minimum number of recharging points for electric vehicles are put into place, at leastfollowing as a guideline the number given in the table in Annex II, by 31 December 2020 at the latest.
Amendment 228 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Slow recharging points for electric vehicles shall comply with the technical specifications set out in Annex III.1.1. by 31 December 20157 at the latest.
Amendment 255 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. All publicly accessible recharging points for electric vehicles shall be equipped either individually or in aggregate, with intelligent metering systems as defined in Article 2(28) of Directive 2012/27/EU and respect the requirements laid down in Article 9(2) of that Directive.
Amendment 265 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Annex I.1 (h) and the last subparagraph of Annex I.2 of Directive 2009/72/EC shall apply to the consumption data and the metering system of the recharging point for electric vehicles at private consumer premises.
Amendment 267 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Member States shall not prohibit electric vehicle users from buying electricity from any electricity supplier regardless of the Member State in which the supplier is registered. Member States shall ensure that consumers have the right to contract electricity simultaneously with several suppliers so that electricity supply for an electric vehicle can be contracted separately. Member States shall ensure that the above does not result in separate connection fees or a separate physical electricity connection required.
Amendment 281 #
2013/0012(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States on the territory of which exist already at the day of the entry into force of this Directive hydrogen refuelling points shall ensure that a sufficient number of publicly accessible refuelling points are available, with distances not exceeding 300 km, to allow the circulation of hydrogen vehicles within the entire nationalmainland territory by 31 December 2020 at the latest.
Amendment 366 #
2013/0012(COD)
Proposal for a directive
Annex II – title
Annex II – title
Amendment 376 #
2013/0012(COD)
Proposal for a directive
Annex III – point 1 – point 1.2 – paragraph 2
Annex III – point 1 – point 1.2 – paragraph 2
Direct Current (DC) fast recharging points for electric vehicles shall be equipped, for interoperability purposes, with connectors ofmulti- standard connectors providing both "CHAdeMO" and Type "Combo 2" connection, as described in the relevant EN standard, to be adopted by 2014.
Amendment 10 #
2012/2299(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the European aviation industry would have great potential for growth if there were fair and open competition among all countries; notes that the development of the "Single European Sky", is making a significant contribution in this regard and, when fully implemented, will create significant direct and indirect employment opportunities as a result;
Amendment 12 #
2012/2299(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that the external aviation policy represents significant employment opportunities but that these opportunities require investments promoting better infrastructure connections between hub airports, their neighbouring regional airports and their surrounding areas to deliver growth and economic multiplier effects, attracting further direct foreign investment and creating additional jobs over a larger geographical area and outside the aviation sector;
Amendment 14 #
2012/2299(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes an important increase in traffic to, from and within the Asia-Pacific region, reflecting its trend economic growth; is worried about the possibility that, if nothing is done, EU airlines may loseand businesses may lose both great opportunities from this part of the world and the capacity to generate profits;
Amendment 20 #
2012/2299(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the importance of airport hubs and the urgent need for investments in airport infrastructure; , including the development of secondary hubs, specialised hubs, and multi-hubbing, the urgent need for investments in airport infrastructure in addition to better use of capacity at regional airports;
Amendment 21 #
2012/2299(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, when conducting negotiations on the expansion of aviation relations, to ensure that all relevant stakeholders, including the social partners, are involved as widely as possible in the shaping of measures as well as in the ensuing negotiationsorder to deliver the best outcome in terms of employment potential and growth in the sector;
Amendment 31 #
2012/2299(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that the External Aviation Policy should be based on the principles of reciprocity, openness and fair competition, with a level playing field, and should have two main objectives: to benefit consumers and businesses and to support EU airlines and airports in their efforts to preserve their position as world leaders;
Amendment 35 #
2012/2299(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to define, and on the Member States to apply, a minimum set of standard requests to be included in bilateral agreement, notably with regard to regulatory, technological and industrial cooperation, to be included in bilateral agreements, with a clear aim of creating opportunities and removing barriers for EU airlines;
Amendment 54 #
2012/2299(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to elaborate, as soon as possible, a new regulatory framework regarding implementation of Single European Sky, based on a top down approach including a better cooperation mechanism between European Air Navigation Service Providers, and to provide the necessary conditions to start SESAR deployment;
Amendment 57 #
2012/2299(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that the International Civil Aviation Organisation (ICAO) has an important role to play in developing regulatory frameworks for the global aviation sector, for example in the liberalisation of ownership and control of airlines; encourages the, the fight against climate change, and global interoperability in Air Traffic Management; stresses the urgent need for ICAO to continue to develop global, market-based measures to limitreduce greenhouse gas emissions; believesconsiders as essential that an agreement within ICAO on a global approach ishould be reached as soon as possible;
Amendment 60 #
2012/2299(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges the Commission to clarifypropose negotiating mandates to be authorised by Council in order to clarify and strengthen the European Union's representation within the ICAO;
Amendment 4 #
2012/2296(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. In the light of the latest data on sales volumes, calls on the Commission to review its partial and sometimes contradictory goals, in order to focus primarily on market recovery and employment growthhave a more coherent approach with respect to legislation impacting the car industry, from innovation and research, market recovery and employment growth to safety and environmental standards;
Amendment 11 #
2012/2296(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the development and modernisation of sustainable and efficient transport infrastructure, as this might stimulate the market as well as economic and employment growth;
Amendment 13 #
2012/2296(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of an ambitious research and innovation framework focusing on EU competitiveness at a global level, encouraging for example the deployment of connected car or telematics applications
Amendment 22 #
2012/2296(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that binding emissions targets should not be set before 2017, since the impact assessment has not yet bCalls on the Commission when setting binding emissions targets to take into account both production cycles and the neend fully evaluated; calls on the Commission to abandon legislating on how to meet emissions targets and other partial goals, in order not to limit the diversity of products or private research activityor sufficient investment and planning certainty to be given to the industry to stimulate innovation, growth and high tech employment ;
Amendment 42 #
2012/2296(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– the immediate launch of both ex-ante impact assessment on proposed legislation and ex-post assessment of adopted legislation as well as lack or bad implementation of adopted legislation, to ensure competitiveness proofing,
Amendment 45 #
2012/2296(INI)
Draft opinion
Paragraph 6 – indent 2
Paragraph 6 – indent 2
– a study on the cumulative impact of relevant EU legislation on the automotive industry and the price of an average car, as the proposed measures might result in a price increase of several thousand euros for the customer, ; this study should also take into account the reduction of C02 emissions and noise pollution as well as the reduction of costs for an average driver of increased fuel efficiency
Amendment 13 #
2012/2295(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the fact that the bioeconomy can provide considerable additional income for farmers particularly in respect of the production of biomass, raw materials for composites and specialist oilseed crops for industry, creating diverse employment opportunities across a variety of related sectors;
Amendment 19 #
2012/2295(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for more detailed research into the opportunity costs involved, given thesocial and environmental opportunities as well as potential costs of the bioeconomy, given the diverse potential impacts of the bioeconomy in relation ton the use of scarce natural resources and the environmental cost of the resultant loss of biodiversity; , biodiversity loss and conservation, as well as the role of EU and Member State funds, particularly with regard to the Common Agricultural Policy, all of which can result in net benefits to employment, biodiversity and the wider environment if managed within a responsible and holistic policy framework;
Amendment 22 #
2012/2295(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to offer degree courses on the bioeconomy and to develop vocational training programmes to ensure that the EU plays a pioneering, innovative and leading role in this field; notes the potential role for delivering rural apprenticeships in partnerships with local education providers and utilising funds such as the Rural Development Fund, to develop transferable skills amongst young people in rural areas in order to better exploit the potential new employment opportunities arising from innovation in the bioeconomy and agriculture sector;
Amendment 33 #
2012/2294(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the complex challenges arising for food security, climate change, soil quality, raw material scarcity, and so on; recognises that eco-innovation can solveplay an important role in addressing many of these challenges; reiterates that such a transition requires a holistic approach incorporating education, training, skills development, research and innovation, private sector investment and infrastructure development, all of which contribute to diverse and sustainable employment opportunities.
Amendment 39 #
2012/2294(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes in particular the importance of access to appropriate training and skills development within the framework of eco- innovation, both to provide the required skilled workforce for employers, and to equip young people with the right skills to access emerging innovative employment opportunities; highlights in this regard the opportunity for rural apprenticeships and other forms of vocational training to develop these new skills sets;
Amendment 40 #
2012/2294(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights the vital role that partnerships and synergies between companies, the education sector, and local and regional authorities can play in providing the relevant training, to allow wide access to the employment opportunities and quality jobs which are emerging through eco-innovation;
Amendment 10 #
2012/2293(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to the Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest2, __________________ 2 OJ L 7/3, 11.01.2012.
Amendment 20 #
2012/2293(INI)
Motion for a resolution
Recital A
Recital A
A. whereas access to housing is a fundamental right that affects access to other fundamental rights and to a life in conditions of human dignity; and whereas guaranteeing access to decent housing is an international obligation incumbent on the Member States, to which the Union must have regard, given that the right of access to housing and to housing assistance is recognised in Article 34 of the Charter of Fundamental Rights of the European Union, Articles 30 and 31 of the revised European Social Charter adopted by the Council of Europe and Article 25 of the Universal Declaration of Human rights, as well as in many Member State constitutions;
Amendment 23 #
2012/2293(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas national, regional and local authorities in the Member States have a duty to take the steps required to give effect to this fundamental right on their housing markets, with the aim of providing universal access to decent, affordable housing;
Amendment 31 #
2012/2293(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas housing is a basic necessity in respect of which Member States lay down, in line with their own policy choices, minimum standards of habitability and comfort, specific urban planning and construction rules and maximum income percentages, with some regulating house price increases and even establishing mechanisms for providing social assistance or tax support to help out with what is a leading item of household expenditure;
Amendment 34 #
2012/2293(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas, in view of the severe economic and social difficulties currently being experienced, urgent action on the part of Member States and the Union is required in order to guarantee access to decent and affordable housing; whereas, given that housing is the largest household expenditure item in Europe, the sharp rise in housing-related prices (land prices, purchase and rental prices and energy prices) is a cause of instability and anxiety, and must be seen as a major concern; whereas, given that unemployment has also shot up in the EU, as is illustrated by the fact that the average rate for the EU 27 rose above 10% in January 2012, there is a major risk of growing social inequality and social exclusion, with 80 million Europeans already at risk of poverty;
Amendment 39 #
2012/2293(INI)
Motion for a resolution
Recital C
Recital C
C. whereas social housing plays a key part in the implementation of the Europe 2020 strategy in that it helps to ensure high levels of employment, inclusion and social cohesion, to promote job mobility and to combat climate change by modernising the housing stock;
Amendment 41 #
2012/2293(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas homelessness is a complex issue with a variety of contributory socio- economic factors and manifests itself in a diversity of ways across the EU; having regard to the ETHOS1 typology for defining and understanding homelessness; __________________ 1 http://www.feantsa.org/IMG/pdf/en.pdf
Amendment 46 #
2012/2293(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the economic and social crisis is having a direct adverse impact on activity in and financial support for the house building and refurbishment sector, with social housing being hit particularly hard, owing to the bursting of housing bubbles, the contraction of credit, late payments and a fall in new public-sector orders; whereas the construction sector can be a driving force in efforts to find a sustainable, inclusive way out of the crisis and to address climate- and energy- related challenges;
Amendment 89 #
2012/2293(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Member States and the Commission that spending on social and affordable housing enables urgent social needs to be met and, as strategic social investment, helps in a sustainable way to provide non- relocatsustainable local jobs, to stabilise the economy by preventingducing the risk of property bubbles, to counter climate change and to combat energy poverty; calls on Member States and the Commission to bring social housing investment within the scheme of the European Semester by including in it an evaluation of targets for combating and preventing property bubbles;
Amendment 116 #
2012/2293(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Council to convene a meeting of the housing ministers of the Member States at least once a year to discuss the impact of various EU policies on housing policy and ensure that the economic, social and environmental aspects of the housing sector are mainstreamed more efficiently at EU level, with the involvement of stakeholders such as social housing bodies, associations representing occupants and associations seeking to facilitate access to housing;
Amendment 128 #
2012/2293(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to give greater importance to housing and related services under the Social Protection and Social Inclusion Strategy and through measures to alleviate homelessness and reduce housing exclusion on the basis of joint national indicators and encourage exchanges of good practice in effectively implementing the right to housing;
Amendment 141 #
2012/2293(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that this green sector can provide a plurality of different employment opportunities ranging from entry level and less skilled jobs to highly skilled knowledge sector employment; notes the role of SMEs in providing such employment in the green economy; highlights the potential for such SMEs offer in work training, apprenticeships and local outreach schemes, which can provide employment opportunities to socially disadvantaged individuals;
Amendment 151 #
2012/2293(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Advocates making priority investment in heat efficiency and in the use of renewables in social and affordable housing, as well as integrated projects for sustainable urban development, access to housing for marginalised communities and the promotion of social enterprises, eligible for Structural Fund support in the 2014- 2020 budgetary period;
Amendment 160 #
2012/2293(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages Member States and all the relevant bodies to give social housing investmentinvestment in social and affordable housing a prominent place in national reform programmes and in the shaping of strategic priorities under partnership agreements for the period 2014-2020;
Amendment 175 #
2012/2293(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to encourage recourse to Horizon 2020 grants and the use of financial instruments and project- development assistance programmes offered by the Structural Funds, the EIB, the EBRD and the Foundation for Environmental Education in Europe (FEEE) to stimulate the construction and renovation of social and affordable housing to a high standard;
Amendment 182 #
2012/2293(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the EIB to place greater emphasis on the social and affordable housing sector when setting its investment priorities, in particular in those Member States which do not have a public housing bank, whilst relaxing the terms under which it grants loans, and to determine the scope for using project bonds as an instrument to finance social infrastructure, such as housing;
Amendment 188 #
2012/2293(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to make other potential sources of financing available to Member Statesencourage Member States and regional and local authorities to make effective use of available European funding for the development and renovation of their affordable and social housing stock as forms of social investment, and to retain the reduced rates of VAT that apply to such investment, given the labour-intensive nature of the sector and its very limited impact on cross-border trade within the EU;
Amendment 190 #
2012/2293(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the implementation of integrated cooperation models which bring together project managers, social housing providers and construction firms in order to promote the thermal renovation of social housing and the construction of low-energy social housing;
Amendment 192 #
2012/2293(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Welcomes the Commission communication of 31 July 2012 (COM(2012)0433) on a strategy for the sustainable competitiveness of the construction sector and its enterprises; takes the view that, in addition to tax incentives and financial support to boost the competitiveness of and innovation in this sector, measures to improve workforce skill levels are essential if we are to meet the challenges linked to the creation of a resource-efficient Europe and a low-carbon economy and achieve the objectives set in the directives on energy efficiency (2012/27)1 and on the energy performance of buildings (2010/31)2; __________________ 1 OJ L315, 14.11.2012. 2 OJ L153, 18.6.2010.
Amendment 207 #
2012/2293(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the importance of promoting innovation and exchange of best practice in the effective implementation of the right to housing for particularly vulnerable and excluded groups, the homeless and those furthest from the labour market; calls on the Commission to include such activities within the Social Investment Package;
Amendment 221 #
2012/2293(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and the Eurofound Agency to carry out a study in 2014, as part of the agency’s 2014 programme of work, into the cost of failing to do anything about poor-quality housing;
Amendment 237 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 2 a (new)
Paragraph 16 – indent 2 a (new)
- Ensuring that social housing acts as an effective transitional device leading to a stable long term or permanent housing outcome,
Amendment 242 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– steps to address the difficulties commonly encountered by highly vulnerable sections of the population, such as migrants and young peopleyoung people, the homeless, migrants, the disabled, and those with physical or psychiatric illnesses, in seeking access to decent housing,
Amendment 253 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– implementation of effective policies to stop tenants being evicted, on the basis that coveringearly intervention policies to avoid the occurrence of situations which could result in tenants being evicted, or rents not being paid to housing associations or owners, on the basis that preventing missed rent payments and arrears of rent is a less costly option for the relevant authorities,
Amendment 263 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 5 a (new)
Paragraph 16 – indent 5 a (new)
- providing relevant training to actors within the social housing and related sectors, in order to be able to provide effective needs based assessment of, and support for, those with higher chances of losing housing through social disadvantages they may face, particularly with regard to accessing community based healthcare and social support services,
Amendment 271 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls for the implementation of integrated cooperation models which bring together social and health services, support services for disadvantaged persons, social housing providers and relevant associations as part of their efforts to help vulnerable persons who are looking for accommodation and those already in accommodation;
Amendment 272 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on Member States to pursue housing policies which are based on the principle of neutrality between home ownership, private rented accommodation and social housing, taking specific local circumstances into account;
Amendment 275 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 f (new)
Paragraph 16 f (new)
16f. Calls on Member States and local and regional authorities to implement effective incentive measures, on the basis of forecasts of housing needs, in order to combat the phenomenon of housing remaining unoccupied in the long term, particularly in problem areas, with a view to tackling property speculation and converting these properties into social housing;
Amendment 282 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recommends that Member States and the relevant authorities take steps to improve access to affordable housing through increasing the amount and quality of social and affordable housing stock and developing its integration with community based care and social services, utilising ESF and other structural funds to achieve this outcome;
Amendment 285 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Outlines that social housing should, when coordinated with effective community based care and other social services, help to develop personal independent living capacity, assisting the socially vulnerable or disadvantaged to make the transition to a more independent lifestyle, with less reliance on welfare and greater personal autonomy;
Amendment 288 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regards the Union’s commitment to integrated sustainable urban development, in particular to social housing, as an effective means of better integrating problem areas into the surrounding urban environment and of tackling poverty and social exclusion; calls, therefore, on Member States and the relevant authorities to make greater use of structural funding in an integrated way (ERDF, ESF), and of the EIB and other financial solutions, and to facilitate coordination and synergies between them; takes the view that giving residents an appropriate role and greater decision-making powers prior to and during the social housing construction and renovation process helps boost integration and social cohesion;
Amendment 291 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Commission to carry out a study into the effectiveness of social impact investment models in the social housing sector, by taking account of the potential benefits of the structural funds, used as financing instruments and possibly combined with other sources of funding, in order to boost social impact investments in fields such as local job creation in the green economy or for young people, and social inclusion through the provision of housing for marginalised groups;
Amendment 299 #
2012/2293(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and Member States to make sure that the deepening of the internal energy market goes hand in hand with measures to protect vulnerable consumers;
Amendment 309 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes the crucial role of energy efficiency and avoiding fuel poverty, as part of the overall affordability of housing both in the private and public sector; reiterates that affordability of all kinds of housing should be seen not only in terms of rent payments but also in terms of associated fuel bills which depend on the energy performance of the housing in question;
Amendment 312 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that the housing sector is one of those which offers the greatest potential for energy savings; stresses that, in the medium and long term, provided that the costs of making housing more energy efficient do not outweigh the energy savings made, energy efficiency measures may increase households' purchasing power and improve their quality of life; emphasises that these measures will also lead to a reduction in carbon emissions, create jobs, support the local economy and reduce healthcare expenditure;
Amendment 314 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Highlights the potential benefits in particular of schemes to subsidise the installation of energy efficiency and renewable micro-energy generation within social housing units, with the benefits of savings in fuel bills and, the profits of energy generated being fairly distributed between tenants and the housing association or owner in order to deliver lower bills to the tenant and to fund further renovation and improvements in the overall housing stock by the owners;
Amendment 315 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Believes that energy efficiency measures to tackle energy poverty can also help to prevent health problems (respiratory and cardiovascular conditions, allergies, asthma, food or carbon monoxide poisoning, and impact on mental health);
Amendment 316 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Reiterates the importance of programs aimed at improving energy performance to increase the affordability of social housing and housing in the private sector; emphasises the need for the Commission to clarify the State aid guidelines with regard to national and EU funds for such renovations and investments, and to allow flexibility wherever possible to ensure that such investments by housing associations and private owners can benefit from the most appropriate funding streams in order to achieve this dual social and environmental objective without breaching EU competition rules;
Amendment 318 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Stresses that energy providers have a role to play in terms of dispute prevention and settlement, in particular by installing smart meters, establishing customer service departments, and improving price transparency;
Amendment 319 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Calls on Member States to use information campaigns to make sure that households are better informed about the importance of more responsible resource consumption and about the grants for which they are eligible under relevant social support measures, and to launch training campaigns to make social service professionals in particular more aware of energy poverty issues;
Amendment 3 #
2012/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 6 #
2012/2262(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates the need to ensure that workers' representatives enjoy extensive rights of information and consultation during the take over process;
Amendment 8 #
2012/2262(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that both the offeror and the offereexisting owner and the potential new owner of the company should have the right to consult with the employees, so that they can reach an agreement before any decision is finalised representatives, during take over negotiations;
Amendment 13 #
2012/2262(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the full involvement of workers' representation in all phases of the transition, stressing that a legally binding transition should require the agreement of the social partnersduring the transition in the takeover process, in order to represent and where appropriate negotiate on issues affecting the situation of the workforce;
Amendment 15 #
2012/2262(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out the need to grant employees' representatives access toNotes the role of trade unions in providing employees and their representatives access to the most appropriate legal expertise, the cost of which ishould be borne by management; stresses, in this regard, that it should be the sole prerogative of the employees' representatives to select the most appropriate expertsthe trade unions in order to ensure no conflict of interest between workers and management;
Amendment 19 #
2012/2262(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls for an effective system of sanctions and controls to guard against violations of employees' rights; stresses that, in the event of a serious violation, the legal effects of a takeover bid should be suspended until all the obligations have adequately been fulfilled;
Amendment 10 #
2012/2134(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that access to affordable finance is crucial for funding business investment, ensuring businesses reach their growth potential, and for facilitating new business start-ups, thereby contributing to future growth and job creation;
Amendment 31 #
2012/2134(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes the benefits of new forms of financing through innovative schemes and non-bank routes, such as peer-to-peer lending schemes, micro-lending, SME bonds and invoice products, which can provide vital investment to social businesses and "self start-ups";
Amendment 32 #
2012/2134(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the potential benefit of National or Regional Investment Banks, which can provide affordable finance to SMEs, when commercial banks and other sources of private finance are not accessible;
Amendment 34 #
2012/2134(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that a lack of knowledge and information can affect the supply of both debt and equity finance to SMEs, resulting in potentially viable businesses being refused finance, which inhibits the development or creation of viable SMEs and microenterprises; recognises that "one-stop shops" and e-government can help alleviate this problem by providing all relevant information to SMEs in an easily accessible manner;
Amendment 43 #
2012/2134(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that the administrative burden and financial risk related to accessing finance, can result in stress and other negative health impacts for employees and owners of SMEs and micro enterprises; emphasises the need for employment and social regulation to contribute to the well-being of entrepreneurs and their employees without creating additional barriers to their success;
Amendment 14 #
2012/2078(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need to improve social governance at the European level taking into account the principle of subsidiarity in parallel with the establishment of European economic governance;
Amendment 21 #
2012/2078(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for enhanced surveillHighlights the importance of social and employment policies comparable to the provisionand the need to assess their economic and social impacts oin the context of surveillance under art 121 TFEU of national economic policies;
Amendment 29 #
2012/2078(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the establishment where appropriate of employment and social benchmarks in addition to fiscal and macroeconomic benchmarks within the rules for binding supervision of budgetary discipline in the euro area to ensure the appropriate implementation of Article 9 TFEU;
Amendment 35 #
2012/2078(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the existence and aggravation of internal imbalances call fornecessitates consideration of possible automatic stabilisers at EU or euro area level,; such as a youth guarantee or a minimum nationally determined unemployment allowance;
Amendment 45 #
2012/2078(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the balance between the social and economic policy provisions set out in Article 121 TFEU and Article 148 TFEU must be restorobserved;
Amendment 53 #
2012/2078(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to insist on the submission of National Job Plans by Member States as part of their National Reform Programme; Recognises that job plans must be consistent in their structure and content in order to fulfil their objective; Insists that clear guidance on the content and structure of job plans must be provided by the Commission, and adhered to by Member States in their submissions under the Annual Growth Survey and other Economic and Social Governance measures;
Amendment 59 #
2012/2078(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates its call for the strengthening of the democratic dimension of the European Semester, including by reinforcing Parliament's role through the ordinary legislative procedure and by involving national parliaments, in interaction with social partners and civil society while recognising the annual nature of the European Semester;
Amendment 61 #
2012/2078(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that the social dialogue must be an actual dialogue with political and democratic legitimacy, openness, and transparency in order that the outcomes of social dialogue and social partners negotiations reflect the democratic will of European citizens, and are justifiable to those citizens;
Amendment 64 #
2012/2078(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on Member States, where unjustified blocking minorities arein circumstances where there is a divergence in political direction between Member States preventing necessary progress, to expand the principle oflore whether enhanced cooperation could be used instead, with regard to social and employment policies.
Amendment 25 #
2012/2067(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is aware that there are structural differences within individual transport modes and that a single cross-cutting regulation on passenger rights as a whole cannot be drawn up at present, because the regulations on passenger rights in waterborne and bus and coach transport have not yet entered into force ; considers that the proposed charter of basic rights would be appropriate to deal with these structural differences ;
Amendment 30 #
2012/2067(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Therefore calls on the Commission, at this stage, to draw up guidelines on the application and implementation of rights in all transport modes, which shouldall not serve either to standardise the laws or to water down passenger rights;
Amendment 34 #
2012/2067(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance for the European Union to continue addressing passenger rights in bilateral and international agreements for all modes of transport, to improve passenger protection beyond EU borders ;
Amendment 36 #
2012/2067(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission's decision to continue its information campaign on passenger rights until 2014; recommends that national consumer protection authorities and agencnational enforcement bodies be involved in the campaign, since they can do a great deal to educate passengers about their rights (for instance by producing literature for travel agencies or web content);
Amendment 58 #
2012/2067(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. In case of through ticketing, clear information should be given on liability of the carriers, in the event of damage to baggage during the journey, on differentiated baggage allowances, compensation for delays and rules between carriers as well as on adequate rerouting in case of travel disruption and missed connections, including intermodal rerouting ;
Amendment 71 #
2012/2067(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that adequately staffed info points and help desks be set up at places of departure and arrival (airports, railway stations, bus terminals, and ports) and that both carriers and the operators of the above facilities provide more comprehensive assistance to passengers, including in the event of massive travel disruption;
Amendment 113 #
2012/2067(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to makefacilitate cooperation and exchange of best practices between the national enforcement bodies work, to morve closely together, adopt moretowards the adoption of uniform working methods, and better exchange of information intensively at national level and EU-wide with a view to networking and to implementing the relevant EU legislation more consistently;
Amendment 133 #
2012/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to produce a standard EU-wide complaint form, similar to the existing Air Passenger Rights EU Complaint form, to be translated into all EU languages and used for all modes, which should be given to passengers when they make a reservation; believes that a fixed maximum time limit for filing and handling complaints should be laid down for all modes;
Amendment 181 #
2012/2067(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on the Member states to clarify competencies of their national enforcement bodies with respect to handling complaints related to mishandled luggage in maritime and aviation transport.
Amendment 205 #
2012/2067(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Maintains that the transport infrastructure must be such as to enable people with disabilities or reduced mobility to have access without discrimination to all means of transport; as regards the cases in which unaccompanied people with disabilities are denied boarding on account of safety regulations, draws attention to the judgment handed down by a Frencthe High cCourt inof Bobigny, 13 January 2012;
Amendment 231 #
2012/2067(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. UStrongly urges the Commission to continue its efforts to develop a European multimodal travel planner, considered as a key element of Intelligent Transport Systems (ITS) deployment, to provide door-to-door information, including both cost and duration of journeys, to passengers, and calls on the Member States, together with the Commission, to remove the obstacles to access to public traffic data and data transfer;
Amendment 28 #
2012/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. UrgesCalls on the EU to make asbestos screening and registration obligatorydevelop and implement proposals for obligatory screening of commercial/public buildings to identify the presence of asbestos containing materials, prepare plans to manage the risks they present and make that information available to workers who may disturb them in accordance with Article 11 Directive 2009/148/EC;
Amendment 36 #
2012/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the EU to establish action plans for owners of public buildings for the safe management and where necessary, removal of asbestos, and to provide information and guidelines to encourage private house owners to auditeffectively audit and risk assess their premises for ACMs;
Amendment 45 #
2012/2065(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to make mandatory the establishment of public asbestos registers by Member States; work with Member States and Public Administrations to develop effective information sharing systems which would serve to provide relevant information on asbestos risks to workers and employers prior to renovation works being undertaken, and complement existing health and safety protections required under EU law;
Amendment 51 #
2012/2065(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the EU to make it mandatory for building owners to inform the Labour Inspectorateintain requirements set out in Art 4 Directive 2009/148/EC for employers to inform the Responsible Authorities about intended plans for work with ACMs;
Amendment 62 #
2012/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the EU to set up minimum requirements for mandatory asbestos- specific qualifications for civil engineers, architects and, employees of registered asbestos removal companies and to provide asbestos-specific qualifications for the training of other workers likely to be exposed to asbestos in accordance with Art 14 (1) Directive 2009/148/EC, as well as working with and supporting the social partners and other stakeholders to organise and run awareness raising activities for workers on the risks arising from asbestos and the need for appropriate training of all staff in the relevant sectors;
Amendment 68 #
2012/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a specific directive with minimum requirements for thework with and support the social partners and others stakeholders to improve implementation of Art 14(2) Directive 2009/148/EC through raising awareness of the need for appropriate training, such as vocational training, of construction and maintenance workers, including construction professionals who are working incidentally with asbestos and to develop information and materials to provide this;
Amendment 76 #
2012/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UrgesCalls on the EU to start action plans for asbestos removal at European, national and regional levels, which are to include: legislation;work with social partners and other stakeholders at European, national and regional levels to develop and share action plans for asbestos management and removal where necessary in the interest of improved safety. These plans should include: education and information; training for public employees; national and international training; and awareness- raising activities related to the removal ofrisk from asbestos and products containing asbestos from buildings, public amenities and sites of former asbestos factories; cleaning premises, building landfills and installations for the destruction of asbestos and asbestos-containing debris; monitoring of the implementation of regulation(including during removal from buildings); monitoring of the effectiveness of existing legal requirements, exposure assessments of at- risk personnel, and health protection;
Amendment 86 #
2012/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. UrgesCalls on the Commission to lower the limit value for asbestos fibresundertake research to review the existing limit value for asbestos fibres, and if necessary lower it to an acceptable safety level based on the best available scientific evidence;
Amendment 95 #
2012/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Ccommission to immediately revise the provisions on exemptions for chrysotile asbestos in annex XVII of REACHreview progress on the development of chrysotile- free diaphragms used in electrolysis installations, in accordance with REACH, Annex XVII, Part 6;
Amendment 25 #
2012/2056(INI)
Motion for a resolution
Recital G
Recital G
G. whereas private in-vehicle emergency call services exist today, but none of them offers full EU-wide coverage and market penetration is below 0.4 % of the vehicle fleet, while some of the services introduced have been dismantled due to market failures, leaving the user without in-vehicle emergency call service during the lifetime of the vehicle, whereas, however, a number of vehicle manufacturers have developed and introduced alternative eCall systems and others have announced the deployment of new emergency assistance services in the very near future;
Amendment 28 #
2012/2056(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the technology is ready and common EU-wide standards havare been agreing finalised, refined and tested by the industry and the public authorities, in the HeERO demonstration project;
Amendment 32 #
2012/2056(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission's recommendation of 8 September 2011, and urgesbut firmly believes it is an absolute condition that all Member States and Mobile Network Operators (MNOs) to implement its measurthe necessary upgrades at the latest by the end of 2014 to ensure that eCalls can be treated efficiently by the PSAPs before the mandatory introduction of the in-vehicle eCall system;
Amendment 36 #
2012/2056(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that there are certain areas within the territory of the EU where there is poor or no mobile network coverage; emphasizes, therefore, that the mandatory implementation of the in-vehicle eCall system is introduced in parallel with the development of optimal mobile network coverage in all areas across the EU;
Amendment 43 #
2012/2056(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that eCall should be a public technology-neutral EU-wide emergency call system, utilising embedded in the -vehicle andsystems, based on 112 and on common pan-European standards, in order to ensure a reliable and affordable service that can work seamlessly and interoperably across Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all drivers;
Amendment 55 #
2012/2056(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the positive effects of eCall, in terms not only of improving incident management but also of reducing congestion produced by accidents and avoiding secondary accidents; calls, nevertheless, on the Commission to come up with a comprehensive study on the number of casualities and the possible reduction of this number thanks to eCall, epsecially as regards remote rural areas, considering the gravity of the casualties and the time it takes for the whole rescue chain to provide life-saving services;
Amendment 62 #
2012/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112- based eCall system, remaining technologically neutral, by 2015 in all new type-approved cars and in all Member States, provided that the infrastructure in all Member States is in place before the mandatory introduction of the in-vehicle eCall system;
Amendment 66 #
2012/2056(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that the use of nomadic E- call devices should be allowed for existing vehicles;
Amendment 70 #
2012/2056(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the need of the whole rescue chain to be in place for an effective use of E-call; calls, therefore, on the Commission to include, in its proposal within the framework of Directive 2007/46/EC, a year test phase with the whole rescue chain in place;
Amendment 76 #
2012/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Rejects the idea that the implementation of the in-vehicle aspects of eCall could be phased in over an extended period of time, provided that the infrastructure in all Member States is in place and is ready to effectively and efficiently receive and treat eCalls;
Amendment 88 #
2012/2056(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses the need to have a voice contact at the end of the call for safety purposes and to reduce risks of inappropriate responses;
Amendment 99 #
2012/2056(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. In line with the Ecall system implementation, calls for increased cooperation between national PSAPs and emergency response services at cross- border points in Europe, and in particular the development of exchange of best practices and joint training;
Amendment 103 #
2012/2056(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ConsiderAgrees that a public EU-wide eCall service can coexist with private emergency services, as long as, whether or not a vehicle buyer opts for a private solution, vehicles are equipped with the public eCall service so as to ensureprovided that continuity of the service EU-wide throughout the lifetime of the vehicle is guaranteed;
Amendment 108 #
2012/2056(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that a public EU-wide eCall service must be based on an interoperable platform limited to road safety purposes whereas private emergency eCall services should be based on an interoperable and open-access platform able to utilise the eCall system technical components (satellite positioning, processing and communication capabilities) to develop other in-vehicle applications;
Amendment 126 #
2012/2056(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 131 #
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;
Amendment 4 #
2012/2042(INI)
Motion for a resolution
Recital B
Recital B
B. whereas almost onea third of the administrative burdens deriving from EU legislation stems from primarily from disproportionate and inefficient national implementation, which means that up to EUR 40 billion could be saved if Member States would transposed EU legislation more efficiently6 , up to EUR 40 bn could be saved.;
Amendment 5 #
2012/2042(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas more than 96 % of SMEs in the European Union have fewer than 50 employees and less than EUR 10 Million in annual turnover and whereas their ability to export goods and services outside their national borders is limited, mainly due to high fixed costs linked to international trade, legal insecurity and regulatory fragmentation;
Amendment 11 #
2012/2042(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the contribution of ERDF and CF to the development and improvement of transport, energy, environmental and broadband infrastructure and thus to the creation of a favourable businesses environment, encouragement of investments and strengthened competitiveness;
Amendment 13 #
2012/2042(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. StressNotes the need to tackle SME market failures such as limitedcommon structural and regulatory challenges faced by SMEs, such as access to financiale, human capital and organisational resources; in this respect welcomes the fact that the Commission endeavours to promote and support SMEs's economic activities in foreign markets both inside and outside the EUthe single market and third country markets;
Amendment 14 #
2012/2042(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Believes that for the long-term competitiveness of European SMEs an approach based on sustainable and resource efficient economy is necessary and recognizes the need for increased support for R&D&I; highlights the role of the Structural Funds' support for technological, organizational and industrial innovation;
Amendment 19 #
2012/2042(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that administrative burdens and financial risks often result in stress and other negative health impacts for employees and owners of SMEs and micro enterprises; emphasises the need for employment and social regulation to contribute to the well-being of entrepreneurs and their employees without creating additional barriers to their success;
Amendment 26 #
2012/2042(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on Member States at the appropriate level to introduce e- governance solutions and to work towards the creation of single points of contact for information on the funding opportunities for SMEs in order to facilitate their access to finance;
Amendment 29 #
2012/2042(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Supports the proposal that a large number of local, regional, national and European support schemes should undergo a "mapping exercise"; believes that this exercise should also be accompanied with an assessment of the effectiveness of existing EU support schemes; believes that the mapping should be conducted in regular intervals and serve as basis for a benchmark and scoreboard system;
Amendment 33 #
2012/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on Member States and on regional and local authorities to apply, on where appropriate, at their respective levels, the instruments promoted by the Commission, such as competitiveness proofing, fitness checkfor impact assessment, for measuring administrative burdens and SME tests, in order to guarantee the policies’‘ overall effectiveness. and to avoid negative impacts on SMEs;
Amendment 34 #
2012/2042(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expects specific proposals by the end of 2012 to rationalise andfrom the Commission, on how to coordinate the EU support schemes and to create the best possible synergies for EU SMEs, based on existing structures where feasible, without creating unnecessary competition withfor SMEs in order to create effective synergies based on existing structures and complementary to measures carried out by national organisations;
Amendment 37 #
2012/2042(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Points out that European Territorial Cooperation programmes support networking, knowledge and know-how exchange activities between organisations in different European regions and could be a useful instrument for creating new business opportunities;
Amendment 39 #
2012/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that developing e-government and one stop shops will reduce administrative procedures and create new business opportunities; notes that greater access to procurement markets can assist SMEs in unlocking their potential for job creation; notes that such e-government could be used to provide access to all relevant information on compliance with employment legislation and tax regimes, as well as information on accessing different levels of European, national and regional funding and support schemes for SMEs and micro-enterprises;
Amendment 39 #
2012/2042(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that Structural Funds, and in particular ESF, play an important role for the acquisition of knowledge and skills, networking and exchange of good practices; believes that investments in human capital and cooperation projects make a major contribution to strengthening European SMEs' competitiveness;
Amendment 43 #
2012/2042(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that lack of appropriate infrastructure in rural areas, e.g. broadband internet access, presents a serious barrier to employment and growth, particularly for SMEs, micro- enterprises, the self employed and "self- starters", which could otherwise benefit from location outside cities and high rent areas;
Amendment 43 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for increased and more efficient support for SMEs in access to the single market and third country markets at the EU, national and regional level particularly regarding promotion and access to information, the protection of intellectual property rights, participation in public tenders, ICT, standardisation and regulatory issues; believes that the Enterprise Europe Network (EEN) is an effective tool to achieve these objectives; shares the view that, based on a thorough evaluation, a new governance model for EEN should be put in place with the view to increase effectiveness and to help it to provide tailor made support;
Amendment 46 #
2012/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that costs associated with compliance have a disproportionate effect on SMEs, especially on micro-enterprises; and that these costs can present a major obstacle to expansion of these businesses and their capacity to employ and retain staff; encourages Member States to take this into account when reviewing their national tax and social security regimes;
Amendment 46 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes the importance of the creation of a simplified and transparent EU regulatory framework for public procurement, so that SMEs gain better access to public contracts, both within the EU and in third countries;
Amendment 50 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 g (new)
Paragraph 10 g (new)
10g. Strongly urges the Member States to finalise an agreement on the common patent system under the Danish presidency as it is vital for the EU to offer businesses easy and affordable access to patent protection in the single market, similar to their competitors in the US, China and Japan;
Amendment 52 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 a (new) after subheading 4
Paragraph 10 a (new) after subheading 4
10a. Shares the view that support programmes funded with public resources should be delivered in the most cost effective possible form, especially at a time when the European economy is still recovering from its worst crisis for decades;
Amendment 53 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 b (new) after subheading 4
Paragraph 10 b (new) after subheading 4
10b. Supports the Commission's suggestion to enhance cooperation between various company associations, chambers of commerce and other actors in outside-EU countries, in order to facilitate business partnerships, promote clusters and access to new markets;
Amendment 55 #
2012/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes and strongly supports the focus on micro-enterprises in a strengthened SME test (see COM(2011)0803) through which all available possibilities such as exclusion from the scope, individual provisions, extended transition periods or lighter regimes are systematically assessed.; emphasises that new employment and social legislation which passes the enhanced SME test should be applied in the simplest form, creating the minimum necessary administrative burden required to achieve its functional objective, and respecting the subsidiarity principle; calls on Member States to carefully consider the intended objective of social legislation, and implement it without "gold-plating" or introducing additional requirements which are not explicitly required under EU law;
Amendment 63 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls for the simplification of EU instruments for SMEs and for them to be made more accessible; notes that all too often, EU programmes can be too bureaucratic to be exploited by SMEs;
Amendment 64 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls for SMEs to be strongly taken into account in ongoing reform of the structural funds, where appropriate and where it contributes to regional framework conditions for growth and to create synergies with other EU programmes and initiatives; believes that red tape needs to be reduced, for example by accepting proportionate corporate auditing and reporting standards and by introducing common rules for all funds and programmes in the revision of the Financial Regulation;
Amendment 65 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Calls on Member States to implement as soon as possible the late payments directive into national law, to help give additional liquidity to SMEs in the current economic crisis;
Amendment 66 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Calls for more effective, simpler and better-coordinated EU instruments devoted to access to credit or risk capital in particular for SMEs with internationalisation plans;
Amendment 67 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Calls for efficient safeguards for SME portfolios, in view of increased capital requirements for banks, as part of the implementation of Basel III and the deleveraging process currently carried out by a number of banks, while considering the cumulative effect of financial services legislation.
Amendment 124 #
2012/2042(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the fact that the Commission has acknowledged the importaCommission's communication on reinforcing the competitiveness of Europe's industries; regrets that the concept of the manufacturing sector for sustainable growth and employment in the EU in its various strategies and communications; reiterates the need for an integrated industrial policy based on the principles of social market economycompetitiveness-proofing as well as the ex-post evaluation of legislation affecting industry is not mentioned; calls on the Commission to actively apply competitiveness-proofing in its impact assessment and to report regularly on progress achieved in this field; calls on Member States respectively to apply this test when transposing EU legislation into national law;
Amendment 128 #
2012/2042(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that the way out of the economic crisis can only be paved by entrepreneurship and SME growth; underlines the importance of addressing the entrepreneurial potential of young people, women and migrantsonly entrepreneurship and the right framework conditions for SMEs competitiveness and growth can pave the way out of the economic crisis; underlines the need to address entrepreneurial potential where the level of SME start ups is below average across all segments of society as well as for specific target group, notably young people and women;
Amendment 118 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions mtake themeasures designed to assist such companies in making appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order towith the objective of attaining the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 129 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure thatrequire that listed companies are able to demonstrate that their appointment process has been carried out in compliance with the rule laid down in paragraph 3, particularly in cases where an unsuccessful candidate of the under- represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex, it shall be for the listed company to prove that there has been no breach of the rule laid down in paragraph 3.
Amendment 25 #
2012/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 102,5% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.
Amendment 127 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint ii
Article 2 – point 2 – subpoint c – subpoint ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point d
for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil crops shall be no more than 7,5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 37 #
2012/0190(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The procedure to grant derogations to niche manufacturers should be continued for 2020. However, in order to ensure that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers, a target 45 % lower than the average specific emissions of niche manufacturers in 2007 should therefore apply from 2020. Equivalent targets should be established for 2025.
Amendment 38 #
2012/0190(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The procedure to grant derogations to niche manufacturers should be continued for 2020. However, in order to ensure that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers, a target 45 % lower than the average specific emissions of niche manufacturers in 2007 should therefore apply from 2020. Equivalent targets should be established for 2025.
Amendment 44 #
2012/0184(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) All vehicles used on public roads, without prejudice to requirements of periodic roadworthiness testing, are required to be roadworthy at all times when they are used.
Amendment 45 #
2012/0184(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Enforcement of roadworthiness measures should include awareness campaigns focusing on vehicle owners to develop good practices and habits of basic checks on their vehicle
Amendment 60 #
2012/0184(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Agricultural vehicles with a maximum design speed exceeding 40 km/h are more and more uused in some caseds to replace trucks in local transport activities. Their risk potential is comparable to that of trucks and therefore this vehicle category should be treated in the same way as trucks regarding agricultural vehicles mainly used for commercial road haulage purpose should be subject to roadworthiness testings.
Amendment 65 #
2012/0184(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Roadworthiness testing is a sovereign activity and should therefore be done by the Member States or by public or private entrusted bodies under their supervision. Member States should remain responsible for roadworthiness testing in any cases even if the national system allows for authorisation of private bodies, including those involved in performing repairs.
Amendment 81 #
2012/0184(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Odometer fraud is considered to affect between 5% and 12% of used cars sales, resulting in a very important cost to society of several billions Euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle. With a view to combat odometer fraud, the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer. Odometer fraud should also be more systematically considered as an offence liable to a penalty. To combat odometer fraud more effectively, Member States should gather mileage registration in a central database.
Amendment 98 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 5
Article 2 – paragraph 1 – indent 5
Amendment 118 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 8
Article 2 – paragraph 1 – indent 8
– wheeled tractors of category T5 the use of which mainly takes place on public roads for commercial road haulage purpose, with a maximum design speed exceeding 40 km/h – vehicle category T5.
Amendment 126 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 2 – indent 2
Article 2 – paragraph 2 – indent 2
– vehicles belonging toused by armed forces, fire services, civil protection, emergency or rescue services,
Amendment 138 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – indent 2
Article 3 – paragraph 1 – point 7 – indent 2
– It is maintained by use of replacement parts which reproduce as far as possible the historic components of the vehicle;
Amendment 175 #
2012/0184(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Vehicle manufacturers shall provide the testing centres and test equipment manufacturers or, when relevant, the competent authority, with access to thea single set of technical information necessary for roadworthiness testing, as set out in Annex I. The Commission shall adopt detailed rules concerning the procedures on access to the technical information, set out in Annex I, including examining the feasibility of a single point of access, and in accordance with the examination procedure referred to in Article 16(2).
Amendment 201 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 2
Article 5 – paragraph 1 – indent 2
– Vehicles of category M1, N1 and O2: four years after the date on which the vehicle was first registered, then two years and thereafter annually;
Amendment 206 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 3
Article 5 – paragraph 1 – indent 3
– Vehicles of category M1 registered as taxis or ambulances, vehicles of categories M2, M3, N2, N3, T5, O3 and O4: one year after the date on which the vehicle was first registered, and thereafter annually.
Amendment 210 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 3 a (new)
Article 5 – paragraph 1 – indent 3 a (new)
– Vehicles of category T5 the use of which mainly takes place on public roads for commercial road haulage purpose : four years after the date on which the vehicle was first registered and thereafter, every two years
Amendment 232 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 4 – indent 3 a (new)
Article 5 – paragraph 4 – indent 3 a (new)
– where a vehicle of category M1 or N1 exceeds a mileage of 160 000 km,
Amendment 253 #
2012/0184(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. In the case of dangerous deficiencies, the vehicle shall not be used on publicly accessible roads and its registrationauthorisation to be used on public roads shall be withdrawn in accordance with Article 3a of Directive XXX of the European Parliament and of the Council amending Council Directive 1999/37/EC on the registration documents for vehicles24 until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition.
Amendment 273 #
2012/0184(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. When carrying out a roadworthiness test, the inspector shall be free of any conflict of interests, in particular as regards economic, personal or family links with the holder of the registration certificate of the vehicle subject to testing. Inspectors following these requirements while being involved in repair and maintenance, should be allowed to test any vehicle.
Amendment 281 #
2012/0184(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Testing centres directly operated by a Member state's competent authority shall be exempted from the requirements regarding authorisation and supervision.
Amendment 291 #
2012/0184(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers, through implemented IT solutions ..
Amendment 321 #
2012/0184(COD)
Proposal for a regulation
Annex 2 – part 1 – paragraph 4
Annex 2 – part 1 – paragraph 4
All the items listed shall be considered as mandatory at a periodic test of vehicles, except those marked with the indication (X), which are related to the condition of the vehicle and its suitability for use on the road but which are not considered essential in a roadworthiness test. Where it is not possible to test a vehicle using a recommended test method set out in this annex, the test centre may conduct the test in accordance with an alternative method which has been approved in writing by the appropriate competent authority. The competent authority must be satisfied that safety and environmental standards will be maintained.
Amendment 64 #
2012/0065(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In establishing an effective system for the inspection of maritime labour conditions, Member States may, where appropriate, authorise public institutions or other organisations (including those of another Member State, if the latter agrees) which it recognises to be competent and independent to carry out inspections. In all cases, the Member State shall remain fully responsible for the inspection of the working and living conditions of the seafarers concerned on ships that fly its flag.
Amendment 65 #
2012/0065(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Each Member State shall establish clear objectives and standards covering the administration of its inspection systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.
Amendment 66 #
2012/0065(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The interval between inspections shall not exceed three years.
Amendment 67 #
2012/0065(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A Member States shall ensure that the institutions or other organisations referred to in Article 3 (1b) and those members of their staff in charge of verifying the proper implementation of Directive 2009/13/EC hasve the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.
Amendment 67 #
2012/0061(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. It needs to be distinguishedThis right of free movement is distinct from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers temporarily to carry out the work necessary to provide these services there.
Amendment 103 #
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. CIt is therefore essential to establish and maintain close cooperation between Member States, the Commission, and the Member States is therefore essential, without neglecting the important role ofrelevant national, regional, and local actors including labour inspectorates and the social partners in this respect.
Amendment 123 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this shoulddoes not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 126 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligationsmust inform the Commission of how they intend to make information on terms and conditions of employment generally available and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretisedaccessible to posted workers and service providers from other Member States.
Amendment 128 #
2012/0061(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. It needs to be distinguishedThis right of free movement is distinct from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers temporarily to carry out the work necessary to provide these services there.
Amendment 147 #
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. CIt is therefore essential to establish and maintain close cooperation between Member States, the Commission, and the Member States is therefore essential, without neglecting the important role ofrelevant national, regional, and local actors including labour inspectorates and the social partners in this respect.
Amendment 151 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive system of preventive and control measures, together with deterrent penalties to identify and ll forms of fraudulent use of "self- employed" status must be prohibited through a comprevhent individual instances of bogus self- employed, should contribute to combat concealed employment effectivelysive system of preventive control measures and deterrent penalties.
Amendment 152 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this shoulddoes not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 156 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligationsmust inform the Commission of how they intend to make information on terms and conditions of employment generally available and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretisedaccessible to posted workers and service providers from other Member States.
Amendment 162 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive system of preventive and control measures, together with deterrent penalties to identify and ll forms of fraudulent use of "self- employed" status must be prohibited through a comprevhent individual instances of bogus self- employed, should contribute to combat concealed employment effectivelysive system of preventive control measures and deterrent penalties.
Amendment 166 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 168 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 169 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 171 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 173 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 175 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 176 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 178 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 179 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 182 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 185 #
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. Failure of Member States to fully comply with this Directive should result in the launch of infringement proceedings by the Commission.
Amendment 187 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a In accordance with the principles of subsidiarity and proportionality, and in order to respect the national legal frameworks and industrial relations systems already in place, this Directive does not require Member States to replace existing legal procedures for the resolution and settlement of disputes with regard to pay, by means of a mandatory application of the principle of joint and several liability within subcontracting chains, either sect orally or generally, where such existing procedures are already properly implemented and respected.
Amendment 193 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 194 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 209 #
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. Failure of Member States to fully comply with this Directive should result in the launch of infringement proceedings by the Commission.
Amendment 236 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a In accordance with the principles of subsidiarity and proportionality, and in order to respect the national legal frameworks and industrial relations systems already in place, this Directive does not require Member States to replace existing legal procedures for the resolution and settlement of disputes with regard to pay, by means of a mandatory application of the principle of joint and several liability within subcontracting chains, either sectorally or generally, where such existing procedures are already properly implemented and respected.
Amendment 246 #
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 inof replyingsponding in a swift and effective manner to reasoned requests for information and to carry out checks, inspections and investigations fromby their competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities and initiating appropriate actions in line with national laws and practices.
Amendment 247 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state, and where appropriate in cooperation with the competent authorities of the state of establishment.
Amendment 262 #
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, where there is doubt with regard to the nature of a posting, the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may includeassessments must be proportionate and non-discriminatory, and may include the following elements:
Amendment 289 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5 a. Posted workers taking judicial or administrative proceedings shall be protected from detrimental treatment by the employer as a result of such judicial proceedings against the employer.
Amendment 295 #
Amendment 296 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 297 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 299 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensurmay provide on a non– discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non- payment of the following:
Amendment 303 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 306 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 309 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 313 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 317 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 321 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 327 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by national courts.
Amendment 380 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. Failure to satisfy one or more of these criteria does not necessarily indicate that a genuine situation of posting is not in place.
Amendment 463 #
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 inof replyingsponding in a swift and effective manner to reasoned requests for information and to carry out checks, inspections and investigations fromby their competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities, and initiating appropriate actions in line with national laws and practices.
Amendment 470 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state, and where appropriate in cooperation with the competent authorities of the state of establishment.
Amendment 681 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which is due and/or contributions due to common funds or institutions of social partners, under the applicable terms and conditions of employment covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 688 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 698 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 702 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 704 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensurmay provide on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following:
Amendment 711 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referMember States shall ensured to inhat the Annex to Directive 96/71/EC, for all posting situdirect employer shall be liable to pay any outstanding remuneration as covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct sub1 paragraph 5 a, the refund of excessive costs according to Article 11 paragraph 5 b, any back-payments or refund of taxes or social security contributions. This shall also be ensured after the employee has returned to his/her home countracty or can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following:other Member State. Member States may apply more stringent rules at national level or introduce such rules.
Amendment 721 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) any outstanding net remuneration corresponding to the minimum rates of paywhich is due and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;
Amendment 725 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
Amendment 731 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
(b) any back-payments or refund of taxes or social security contributions unduly with held from his/herthe worker's salary.
Amendment 745 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 765 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 799 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by national courts.
Amendment 45 #
2011/0409(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
The Commission shall identify in this detailed study the minimum sound level threshold for all vehicles; further noise emission reduction over this threshold shall be considered as a danger and an issue for road safety.
Amendment 65 #
2011/0409(COD)
Proposal for a regulation
Annex 3 – Limit Values Table
Annex 3 – Limit Values Table
Amendment 48 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.1 – paragraph 2
Annex I – section 3 – point 4 – point 4.1 – paragraph 2
Europe must reconcile the growing mobility needs of its citizens shaped by new demographic and societal challenges, with the imperatives of economic performance and the requirements of a low-carbon society and climate resilient economy. Despite its growth, the transport sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts, and must break its dependency on oil, while maintaining high levels of efficiency and mobility.
Amendment 52 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.1 – paragraph 3 a (new)
Annex I – section 3 – point 4 – point 4.1 – paragraph 3 a (new)
Research and innovation in transport must contribute to establishing a single European transport area, through developing technologies and systems, such as ETCS and ERTMS, aimed at removing cross border obstacles. Technologies and systems facilitating the mobility of Union citizens, such as a European multimodal travel planner, must also be supported and implemented Europe-wide.
Amendment 53 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.1 – paragraph 4
Annex I – section 3 – point 4 – point 4.1 – paragraph 4
Research and innovation must bring about focussed and timely advances that will help achieve key Union policy objectives, while boosting economic competitiveness, supporting the transition to a climate- resilient and low-carbon economy, increasing mobility across Europe and maintaining global market leadership.
Amendment 60 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.2 – paragraph 2
Annex I – section 3 – point 4 – point 4.2 – paragraph 2
The transport sector is a major contributor to greenhouse gases and generates up to a quarter of all emissions. Transport is 96 % dependent on fossil fuels. Meanwhile, congestion is an increasing problem; systems are not yet sufficiently smart; alternatives for shifting between different modes of transport are not always attractive; road fatalities remain dramatically high at 34 000 per year in the Union; citizens and businesses expect a transport system that is safe and secure, secure and accessible for all. The urban context poses specific challenges to the sustainability of transport.
Amendment 66 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.2 – paragraph 4
Annex I – section 3 – point 4 – point 4.2 – paragraph 4
Business-as-usual is therefore not an option. Research and innovation, driven by policy objectives and focused on the key challenges, shall contribute substantially to achieve the Union's targets of limiting global temperature increase to 2ºC, cutting 60 % of CO2 emissions from transport, drastically reduce congestion and accident costs, supporting mobility across Europe and virtually eradicating road deaths by 2050.
Amendment 74 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.2 – paragraph 7
Annex I – section 3 – point 4 – point 4.2 – paragraph 7
Research and innovation activities shall include a wide range of initiatives that cover the full innovation chain and follow an integrated approach to innovative transport solutions from innovation in relation to vehicles, to infrastructures as well as to transport systems. Several activities are specifically intended to help bring results to the market: a programmatic approach to research and innovation, demonstration projects, market take-up actions and support for standardisation, regulation and innovative procurement strategies all serve this goal. In addition, using stakeholders' engagement and expertise will help bridge the gap between research results and their deployment in the transport sector.
Amendment 95 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.3 – point c – paragraph 1
Annex I – section 3 – point 4 – point 4.3 – point c – paragraph 1
The aim is to reinforce the competitiveness and performance of European transport manufacturing industries and related services, in the context of a growing need for innovative transport solutions, notably in emerging countries.
Amendment 60 #
2011/0398(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Suspension of noise mitigating measures is important to avoid unwanted consequences on aviation safety, airport capacity and competition. Whilst an appeal procedure against noise-related operating restrictions may relate to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend their implementation. Therefore, the Commission should well before implementation of the measures be able to use the right of scrutThe Commission should be able to review whether decisions on noise-related actions have been preceded by a decision- making process that meets the requirements of the Balanced Approach. In order to avoid unwanted consequences on the air transport system, includinyg and to suspend measures deemed to produce unwanted or irreversible consequences. It is recognised that the suspension should be for a limited periodviation safety, capacity and competition, such a review must happen before the implementation of noise-related actions.
Amendment 72 #
2011/0398(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Centralisation of information on noise to replace the individual databases maintained at airport level would substantially reduce the administrative burden for aircraft and airport operators alike. Such information is currently provided and managed at the individual airport level. These data need to be put at their disposal for operational purposes. It is important to use the data bank of the European Aviation Safety Agency (the Agency) concerning noise performance certification as a validation tool with the European Organisation for the Safety of Air Navigation (Eurocontrol) data on individual flights. Such data are currently already systematically requested for central flow management purposes, but need to be specified for the purpose of this Regulation and for performance regulation of air traffic management. Good access to validated modelling data should improve the quality of mapping of noise contours of individual airports and strategic mapping to support policy decisions.
Amendment 73 #
2011/0398(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure legal certainty and planning reliability, this Regulation should not apply to noise-related actions, including the outcome of mediation processes, which were adopted before the entry into force of this Regulation. Similarly, when new noise-related actions are already being considered at the time the Regulation enters into force, the Regulation should only apply to those parts of the procedure which have not yet started
Amendment 79 #
2011/0398(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis and where a noise problem has been identified so as to help improve the noise climate and to limit or reduce the number of people significantly affected by the harmful effects of aircraft noise, in accordance with the Balanced Approach.
Amendment 107 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘'Operating restrictions’' means a noise- related action that limits the access to or reduces the optimal capacity use of an airport, including operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as operating restrictions of a partial nature, affecting thwhich for example apply for an identified time operation of civil aircraft according to time periodiod during the day or only for certain runways at the airport.
Amendment 45 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where, following the selection procedure laid down in Articles 7 to 10, any supplier of groundhandling services, including self-handling airport users, mentioned in paragraph 1 loses its authorisation to provide these servicesreplaced by one or more supplier, Member States may require supplier(s)s of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC17 .
Amendment 51 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall limit the requirement in paragraph (2) to the employees of the previous supplier, including self handling airport users, who are involved in the provision of services for whichgroundhandling services that the previous supplier lost authorisationstops providing, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.
Amendment 58 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 61 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 65 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Member States shall limit the requirement in paragraph (62) to the employees of the self-handling airport user who are involved in the provision of groundhandling services for which the self- handling airport user decides to stop self- handling, and who voluntarily accept to be taken on by the new supplier(s) or self- handling airport user.
Amendment 67 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
Amendment 70 #
2011/0397(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) As free market access is the norm in EU transport policy, the complete liberalisation of the groundhandling market should be the ultimate goal.
Amendment 71 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
An undertaking applying for an approval shall demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity itfor which it has applies ford.
Amendment 77 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Suppliers of groundhandling services and self-handling airport users shall ensure that all their employees involved in the provision of groundhandling services, including managing staff and supervisors, regularly attendattend at least two days of initial training when taking up a new job, and subsequent specific and recurrent training to enable them to perform the tasks assigned to them. This training must meet minimum European standards and be relevant to the specific tasks to which the employee is assigned.
Amendment 79 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 86 #
2011/0397(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as toIt should be clarified whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited according to Article 6 (2). Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.
Amendment 87 #
2011/0397(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Increase in the quality of groundhandling services should be the ultimate aim; this should be done without increasing the administrative burden for groundhandling companies. It is therefore important to allow companies to decide on their own general business practices and their human resources policy.
Amendment 90 #
2011/0397(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To make sure that all service suppliers and self-handling airport users possess sufficient economic solidity, good repute, sufficient insurance coverage, and proper knowledge of groundhandling operations and the airport environment, and in order to establish a level playing field, the granting of approval should be subject to minimum requirements. ; these minimum requirements should not in any way have a restrictive impact on the further opening of the market.
Amendment 113 #
2011/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 2 a (new)
Article 2 – paragraph 1 – point e – indent 2 a (new)
- or they belong to the same alliance ;
Amendment 123 #
2011/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(j a) 'integrator' means an undertaking that offers door-to-door transport, being a contractually governed service guaranteeing the transportation of freight and/or mail from origin until final destination and where the transport operations, groundhandling, sorting and delivery services form an integral and seamless part of that service.
Amendment 146 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For integrators, self-handling should be possible for groundhandling services performed for all aircraft in the integrators' transport network, whether owned of leased and whether operated by an air carrier owned by the integrator or by third parties. The undertaking providing the groundhandling services in this regard does not have to be an airport user, but shall be affiliated with the integrator
Amendment 402 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The managing body of the airport shall be in charge of the proper coordination of groundhandling activities at its airport. As ground coordinator, the managing body of the airport shall in particular ensure that the operations of suppliers of groundhandling services and, self-handling airport users and the provision of centralised infrastructure comply with the airport rules of conduct as defined in Article 31.
Amendment 412 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point a
Article 30 – paragraph 2 – point a
(a) the operations of suppliers of groundhandling services and, self-handling airport users and the provision of centralised infrastructure shall comply with minimum quality standards, as specified in Article 32;
Amendment 421 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The managing body of the airport shall report to the national approving authority any problem with the suppliers of groundhandling services or self-handling airport users or the provision of centralised infrastructure at its airport.
Amendment 442 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, the managing body of the airport, or, where appropriate, the public authority or any other body which controls the airport, shall set minimum quality standards for the performance of groundhandling services and centralised infrastructure, after consultation with the Airport User's Committee.
Amendment 449 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. Such standards must be consistent with the safety rules, arrangements and management systems of the airport operator and affected air operators as referred to in Regulation (EC) No 216/2008 of the European Parliament and Council.
Amendment 526 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
(e) opinion of stakeholders on the approval system (approval criteria, implementation issues, price, administrative process, etc.);
Amendment 529 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1 a. The report shall also assess whether complete liberalisation of the groundhandling market is necessary and acceptable. If this is appropriate, a revision of this Regulation might be proposed.
Amendment 202 #
2011/0302(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) Those innovative financial instruments, such as project bonds, can give a boost to the financing of transport infrastructure with European added value. Their use should therefore be strongly encouraged, in order to use the European budget in the most efficient way.
Amendment 237 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘bottleneck’ means a physical barrier that leads to a system break affecting the continuity of long-distance flows. Such a barrier can be absorbed by new infrastructure such as bridges or tunnels that address problems as for example gradients, curve radii, gauge. The need to upgrade existing infrastructure shall not be considered as a bottleneck;
Amendment 408 #
2011/0302(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. Proposals for projects should be supported by a socio-economic case for the receipt of funding, including a cost benefit analysis.
Amendment 443 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point ii a (new)
Article 10 – paragraph 2 – point b – point ii a (new)
(ii a) actions supporting new technologies and innovation for all modes of transport, including infrastructure for alternative fuels and technologies: the amount of Union financial aid shall not exceed 20 % of eligible cost.
Amendment 16 #
2011/0300(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) To reflect the growing demand for electricity up to 2020, which will be double that for gas, the Union funding for electricity projects should be earmarked to ensure that sufficient funds are available, in line with the Union's long-term energy policy, in particular for those in the area of transport electrification.
Amendment 2078 #
2011/0282(COD)
Proposal for a regulation
ANNEX I – Article 20(6)
ANNEX I – Article 20(6)
Amendment 153 #
2011/0280(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 172 #
2011/0280(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 201 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90% of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 20219 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
Amendment 218 #
2011/0280(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve, at least in the first year of implementing the new basic payment scheme, a national reserve which can be administered regionally that should be used to facilitate the participation of young new farmers and new entrants in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
Amendment 221 #
2011/0280(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in either 2009, 2010 or 2011.
Amendment 228 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part30% of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for three compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non-contractual andequivalent, tailor-made annual actions that go beyond cross- compliance and are linked to agriculturenational and/or regional agricultural conditions such as crop diversification, maintenance of permanent grassland and, ecological focus areas. The compulsory nature of t, nutrient management plan, on-farm energy-efficiency plan and winter soil cover. Those practisces should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. The same applies to farmers who comply with the requirements of independently approved national or regional certified schemes beneficial to the environment and climate. Non-respect of the ‘"greening’" component should lead to penalties, as the maximum applicable administrative sanction, to the total exclusion of the farmer concerned from aid receivable under this component on the basis of Article 65 of Regulation (EU) No […...] [HZR].
Amendment 249 #
2011/0280(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure that the 'greening' measures chosen by Member States applicable in their territory provide equivalent benefits for the environment and the climate, Member States shall choose three relevant measures from a list of six possible measures determined at EU level, and they shall obtain the approval of their choice by the Commission within two months after their notification.
Amendment 266 #
2011/0280(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) In order to ensure that nutrient management plans provide full records and an optimisation of the nutrient use and fertilisers application by farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
Amendment 267 #
2011/0280(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29b) In order to ensure that energy efficiency plans guarantee an optimisation of farmers' use of energy and minimise recourse to fossil fuels on farms, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
Amendment 268 #
2011/0280(COD)
Proposal for a regulation
Recital 29 c (new)
Recital 29 c (new)
(29c) In order to ensure that winter soil cover is provided while maximising the benefits for the environment and the climate of this measure, Member States should determine the dates applicable for creation and destruction of the cover that best suit their territory, and the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
Amendment 275 #
2011/0280(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The creation and development of new economic activity in the agricultural sector by young farmers and other new entrants is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for that reason, an income support to young farmers and new entrants commencing their agricultural activities should be established in order to facilitate the initial establishment of young farmers and new entrants and the structural adjustment of their holdings after the initial setting up. Member States should be able to use part of their national ceilings for direct payments to grant an annual area- based payment, on top of the basic payment, to young farmers and new entrants. That payment should only be granted during a period of maximum five years, since it should only cover the initial period of the life of the business and should not become an operating aid.
Amendment 305 #
2011/0280(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) A simple and specific scheme for small farmers should be put in place in ordMember States should be authorised to use part of their national direct payments ceiling to put in place a simple and specific scheme for small farmers to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump- sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to controls on cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures and without hampering structural change in agriculture. For that reason, access to the scheme should be limited to existing holdings.
Amendment 319 #
2011/0280(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. All monies thus transferred should not represent more than 15% of their direct payments ceiling, and should be used with co-financing. All Member States should be able to supplement the transfer by a sum proportional to those monies unallocated under the heading of support for areas with natural constraints. They shall also have the option of transferring unspent monies for "greening" so as to provide additional support for agro-environmental rural- development measures. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits, once and for the whole period of application of this Regulation.
Amendment 417 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for fiveten years or longer; it may include other species suitable for grazwhich can be grazed provided that the grasses and other herbaceous forage remaing provided that thedominant. Member States may decide to include land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage aremain predominant traditionally not predominant in grazing areas;
Amendment 432 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the, except in the case of land converted to grasses land other herbaceous forage remain predominantas part of a certified Environmental Scheme or Greening Measure ;
Amendment 490 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose ofand the criteria to determine the established local practices referred to in point (h) of paragraph 1.
Amendment 570 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 612 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) they satisfy objective and non- discriminatory criteria established by Member States which ensure that: (i) their agricultural activities form only an insignificant part of his/its overall economic activities, and/or (ii) their principal activity or company object does not consist in exercising an agricultural activity; and/or,
Amendment 625 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(b b) they operate, as their main activity, transport activities, airports, real estate companies, sport and recreational grounds, camping sites, mining companies or other non-agricultural activities to be defined accordingly by Member States on the basis of objective and non-discriminatory criteria. Member States may decide that those persons can claim to be eligible if they can provide verifiable evidence that they do not fall under the categories described in (b) and (ba); Member States may add other entities to and/or exclude entities of the ones listed above provided they inform the Commission of their decision and provide objective and non-discriminatory grounds of justification motivating their decision.
Amendment 649 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shallMember States may decide not to apply Paragraph 1 to farmers who received less than EUR 5 000 of direct payments for the previous year.
Amendment 722 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 1
Article 11 – paragraph 1 – indent 1
Amendment 738 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 2
Article 11 – paragraph 1 – indent 2
Amendment 749 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 3
Article 11 – paragraph 1 – indent 3
Amendment 760 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 4
Article 11 – paragraph 1 – indent 4
– by 1004 % for the tranche of more than EUR 300 000.
Amendment 769 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply in respect of cooperatives or other legal entities including non-profit organisations whose constitutional purpose is to actively protect and manage land and/or the historic environment for conservation and public benefit, which group a number of beneficiaries of direct payments or farm holdings and which receive and channel the payments before distributing them in full to their members or farm holdings, who, as individuals, are subject to paragraph 1 or would be subject where a Member State chooses to recognise a group of holdings as individual and separate businesses for the purpose of this Regulation.
Amendment 778 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 803 #
2011/0280(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 831 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
The funds transferred to the EAFRD in application of this article shall be co- financed in accordance with the general co-financing rates pursuant to Regulation (EU) No [...] [RDR].
Amendment 833 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Member States making use of the possibility referred to under Article 20 first paragraph, may decide to apply differentiated flexibility rates between their regions, following objective and non-discriminatory criteria.
Amendment 837 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 b (new)
Article 14 – paragraph 1 – subparagraph 1 b (new)
The decisions referred to in the first, second and third subparagraphs may not cumulatively result in a transfer of more than 15% of the national ceilings referred to in the first subparagraph. They shall be notified to the Commission by the date referred to in the first subparagraph.
Amendment 899 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. By way of derogation from the first subparagraph, Member States and regions that, on 31 December 2013, are operating the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) N° 1782/2003 may decide, by 1 August 2013, to maintain the payment entitlements allocated in accordance with Regulation (EC) N° 1782/2003 and/or with Regulation (EC) N° 73/2009.
Amendment 1257 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) three of the following agricultural practises beneficial for the climate and the environment: ces:
Amendment 1346 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) to have a nutrient management plan on their holding.
Amendment 1357 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) to have an on-farm energy efficiency plan on their holding.
Amendment 1361 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) to ensure winter soil cover of their agricultural area.
Amendment 1381 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Member States shall choose the set of three measures from the list established in paragraph 1 that farmers will observe in their territory. Members States using the possibility to apply the basic payment scheme at regional level pursuant to Article 20(1) of this Regulation may choose to implement a different set of measures in different regions, according to regional practices and climate conditions, following objective and non- discriminatory criteria. Member States shall notify their decision to the Commission before 1 August 2013. The Commission shall approve the set of measures chosen by Member States taking into account equivalent environmental and climate performance criteria and the balance achieved between the measures chosen under this chapter and agri- environment-climate programmes established pursuant to Article 29 of Regulation (EU) N° [...] [RDR]. Where the Commission disagrees with the set of measures notified by a Member State, the Member State's competent authorities and the Commission services are invited to exchange information and reasons justifying their respective position aiming at finding a conciliatory solution. If the Commission considers, after two months from the date of the initial notification, that the set of measures chosen in the Member State does not meet sufficient and equivalent level of environmental and climate protection, it may decide to impose on the Member State the measures listed in Articles 30, 31 and 32 as the set of measures applicable thereafter in this Member State.
Amendment 1398 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […...] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practisces referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31, 32, 32a, 32b and/or 32.c.
Amendment 1421 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within at least one of the following categories: - Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the paym. - Farmers complying with the requirements laid down in independently referred to in this Chaptercognised certified national or regional schemes providing environmental and climate benefits.
Amendment 1455 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by the national or regional certification scheme beneficial to the environment and climate.
Amendment 1468 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to further define the conditions to apply subparagraph 2 in relation to the certification schemes referred to in subparagraph 1 with the objective of guaranteeing that they provide at least equivalent environmental and climate benefits as the measures laid down in Articles 30, 31, 32, 32a, 32b and 32c.
Amendment 1567 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers with at least 70% of permanent grassland on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article.
Amendment 1571 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers cultivating non-cereal break crops on at least 25% and up to 70% of the arable land on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article. 'Break crop' shall mean, for the purpose of this Article, one of the following: oilseed or oleaginous fruits, protein crops, flax, hemp, vegetables, grassland and fallow.
Amendment 1627 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
Farmers are allowed to renew their permanent grassland. For the purpose of this paragraph, "permanent grassland" means land as defined in Article 4(1)(h) which has not been included in the crop rotation of the holding for ten years or longer.
Amendment 1663 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
Amendment 1721 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 75 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, all landscape features, buffer strips and protected under relevant SMRs and GAECs pursuant to Regulation (EU) N° [...] [HZR] and pursuant to Article 29 of Regulation (EU) N° [...] [RDR] as well as hedges, ponds, ditches, trees and groups of trees, traditional stone walls, riparian vegetation, buffer strips including both grass strips and field margins, and areas cultivated with species beneficial for carbon sequestration including afforested areas as referred to in article 25(2)(b)(ii), biodiversity and water quality.
Amendment 1803 #
2011/0280(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 1809 #
2011/0280(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Farm energy efficiency plan 1. Farmers shall, on an annual basis, carry out an independent audit of all energy and fuels use on their holding and draw up an on-farm energy efficiency plan in order to optimise the efficient use of all energy and fuels on the holding. The plan shall consist of a farm record sheet including targets to reduce energy and fuel consumption and comprising at least the following elements: - detailed and up-to-date record keeping of on-farm energy supplies and - fuel consumption - A plan for the optimisation of the energy efficiency and insulation of all existing and new buildings, equipment and machinery on the holding, including smart meters and thermostat control for electricity, gas and hot water consumption, as well as other energy efficient appliances such as low energy lighting and refrigerating systems and automatic lighting control systems 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the content of the farm energy efficiency plan that farmers shall implement to optimise their use of energy and minimise recourse to fossil fuels.
Amendment 1814 #
2011/0280(COD)
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Winter soil cover 1. Farmers shall ensure that their eligible hectares as defined in Article 25(2) that would otherwise remain bare during winter are covered by a temporary plant cover according to the following conditions: - The soil cover may include grasses, natural vegetation, small grains and catch crops, leguminous and cruciferous crops, clover, and stubble, - Land stewardship elements and landscape features left bare are included in the soil cover measure to the extent that they are compatible with the objectives pursued under agri-environment-climate measures taken pursuant to Article 29 of Regulation (EU) N° [...] [RDR], - The soil is covered for a period determined by the Member State according to soil type and climate conditions, and the soil cover is destroyed at the appropriate time as determined by the Member State to ensure maximum environment and climate benefits, pursuant to Subparagraph 2. Market gardens, plant nurseries and forestry land shall be exempted from soil cover requirements, 2. Member States applying this Article shall determine the dates for creation and destruction of the soil cover, taking into account soil type and climate conditions. They shall notify the dates applicable to the Commission in due time. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the soil cover requirements as set out in paragraph 1, including specific rules applicable to late harvested crops.
Amendment 1905 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payment for young farmers and new entrants
Amendment 1929 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and new entrants who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1938 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. For the purposes of this Chapter, ‘young farmers’ and 'new entrants', shall mean:
Amendment 1952 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) in the case of 'young farmers' only, who are less than 40 years of age at the moment of submitting the application referred to in point (a).
Amendment 1960 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Member States may determine certain additional objective and non- discriminatory criteria that young farmers and/or new entrants shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements.
Amendment 1962 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
2b. Member States shall ensure that no payment pursuant to this chapter is made to persons for whom it is established, as from the date of publication of the Commission proposal for this Regulation, they artificially created the conditions to be entitled to the payment referred to in paragraph 1.
Amendment 2029 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: ricereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice and beef and veal.
Amendment 2194 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States may operate a simplified scheme under the conditions laid down in this Title, hereinafter referred to as 'small farmers scheme'. Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as ‘small farmers scheme’
Amendment 2265 #
2011/0280(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) keep at least a number of hectares corresponding to the number of entitlements heldincrease their farming area to at least a total of 5 hectares;
Amendment 157 #
2011/0269(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘a worker’ means owner-managers of micro, small and medium-sized enterprises and self-employed workers (including farmers) and all members of the household active in the business, provided that, if farmers, they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented.
Amendment 181 #
2011/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where owner-managers of micro, small and medium-sized enterprises and self- employed workers change or, in the case of farmers, adjust their previous activities, such situations shall be considered as redundancies for the purposes of this Regulation.
Amendment 188 #
2011/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) For owner-managers of micro, small and medium-sized enterprises and self- employed workers (including farmers), the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in Article 2, and determined in accordance with national law or administrative provisions, or from the date specified by the Commission in the delegated act adopted in accordance with the Article 4(3).
Amendment 199 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
A financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services, designed to facilitate the re-integration of the targeted redundant workers into employment or self- employment or, in the case of farmers, to change or adjust their previous activities. The coordinated package of personalised services may include in particular:
Amendment 201 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Article 7 – paragraph 1 – subparagraph 1 – point a
(a) job-search assistance, occupational guidance, advisory services, mentoring, outplacement assistance, entrepreneurship promotion, aid for self-employment and business start-up or for changing or adjusting activity (including investments in physical assets), co-operation activities, tailor-made training and re-training, including information and communication technology skills and certification of acquired experience;
Amendment 29 #
2011/0254(NLE)
Article 27 – paragraph 1
In cases where a quantifiable dose limit can be established for a practice, a limited risk of exposure does not necessitate the examination of individual cases and the practice is undertaken in accordance with conditions laid down in national legislation, competent authorities may limit regulatory control to registration of the practice and an appropriate frequency of inspections. Licensing shall only be requested where the authorisation is applied to the overall activities of an undertaking.
Amendment 30 #
2011/0254(NLE)
Article 27 – paragraph 2 – introductory part
2. Member States shall require licensing for undertakings performing the following activities, or, where appropriate in accordance with paragraph 1, registration for the following practices:
Amendment 48 #
2011/0254(NLE)
Article 70 – paragraph 1
1. Member States shall require the undertaking responsible for a licensed practice to notify the competent authorities immediately of any emergency occurring in its facility or related to its activities and to take all appropriate action to reduce the consequences.
Amendment 153 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) “daily workcontrol period” means the period comprising the driving time, all other periods of work, the periods of availability, breaks in work and periods of rest not exceeding nine hours.
Amendment 236 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27 – title
Article 27 – title
Amendment 240 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Driver cards shall be issued in accordance with the provisions of this Chapter until 18 January 2018. With effect from 19 January 2018, driver cards shall be incorporated into driving licences and issued, renewed, exchanged and replaced in accordance with the provisions of Directive 2006/126/EC.
Amendment 262 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Drivers shall use the record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle. The record sheet or driver card shall not be withdrawn before the end of the daily workingcontrol period unless its withdrawal is otherwise authorised. No record sheet or driver card may be used to cover a period longer than that for which it is intended.
Amendment 266 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation No 3821/85
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
For control purposes, periods of time for which no activity has been recorded shall be regarded as rest or break. Drivers are not obliged to record daily and weekly rest periods when having been away from the vehicle.