1129 Amendments of Rina Ronja KARI
Amendment 5 #
2018/2046(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the 2019 budget to focus on the priorities outlined in the European Semester, and on addressing the main concerns of EU citizens that are within EU full or partial responsibility as outlined e.g. in the Eurobarometer 2018; underlines that the most pressing issues lie especially in the area of security and defence, while economic development, growth and youth unemployment are among other crucial areas to be addressed; underlines the importance of the sustainable development goals in overcoming these issues;
Amendment 14 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of ensuring sufficient resources for the coordination and surveillance of macroeconomic policies and communication and outreach to citizens and stakeholders with regard to the future of EMU including the euroharmful effects to the southern EU Member States in particular by the EMU including the euro; calls into question the utility of the continued existence of the EMU; Calls for a new programme supporting Member States leaving the euro in a controlled manner;
Amendment 22 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines thatQuestions whether the European Supervisory Authorities (ESAs) role is essential in fostering consistent application of Union law and better coordination between national authorities, ensuring financial stability, promoting better functioning of financial markets and assuring consumer protection; calls on the Committee on Budgets to ensure adequate resources for the ESAs;
Amendment 30 #
2018/2046(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. UnderstandQuestions the significant increase in ESAs’ budget estimates for 2019 caused mainly by the introduction of new tasks proposed in the ESAs review and other currently negotiated legislative files; considers that conditional budget lines covering the cost of the new tasks should be introduced and will only be triggered after the laws are adopted; recognises that such funding will only apply until a new funding mechanism is adopted;
Amendment 39 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that ESAs should continuously strive to increase their efficiency without compromising on the quality of their work with a focus on continuous re-assessment of working methods and of effective use of human and financial resources. Emphasises that ESMA, EBA and EIOPA should remain separate entities;
Amendment 70 #
2018/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearlArticle 151 TFEU, the European Pillar of Social Rights and the rights enshrined in the revised European Social Charter (ETS No. 163) is the framework to identify Nnational Rreform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union fundingpriorities and monitor their implementation. They should also serve to use Union funding in a coherent manner and to maximise the addedsocial value of the financial support to be received notably from the Fprogrammes supported by the Union unds,er the European Investment Stabilisation Function and InvestEURegional Development Fund, the Cohesion Fund, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, where relevant.
Amendment 73 #
2018/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 79 #
2018/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 121 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) a more social Europe implementing the European Pillar of Social Rights and the rights enshrined in the revised European Social Charter (ETS No. 163) in accordance with Article 151 TFEU;
Amendment 125 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) Support Member States to improve access to quality employment for all jobseekers, in particular youth, long-term unemployed, women, persons with disabilities and migrants.
Amendment 126 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e b (new)
Article 4 – paragraph 1 – point e b (new)
(eb) Support Member States to achieve social inclusion and access for all to comprehensive social protection.
Amendment 133 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.
Amendment 143 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with Article 34. In case of cross-border programmes, the Member States concerned shall include these partners from all participating Member States.
Amendment 162 #
2018/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
Amendment 166 #
Amendment 174 #
2018/0196(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 181 #
Amendment 185 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
Amendment 188 #
2018/0196(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
Amendment 200 #
2018/0196(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
Amendment 211 #
2018/0196(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Expenditure supporting either directly or indirectly relocation as defined in Article 2(26) shall not be eligible for a contribution from the Funds. The managing authority shall ensure: (a) no contributions are granted to a beneficiary that has carried out a relocation within five years preceding the application for a contribution; (b) a commitment by the beneficiary not to carry out a relocation in a period up to five years after receiving a contribution form the Funds. In the event that a beneficiary carries out a relocation within five years after having received a contribution, the managing authority shall ensure that the contribution is repaid in full.
Amendment 212 #
2018/0196(COD)
Proposal for a regulation
Article 60 – paragraph 2 a (new)
Article 60 – paragraph 2 a (new)
2a. Managing authority shall ensure that violation of this article results in repayment of the full contribution by the beneficiary.
Amendment 264 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 270 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 575 % for the transition regions;
Amendment 277 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 3
Article 106 – paragraph 3 – subparagraph 3
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.
Amendment 80 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trustcombat social dumping in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and, employers and social partners about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
Amendment 98 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of combating abusive practices and social dumping related to cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 107 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to facilitatingcombating social dumping in relation to the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 136 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 148 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 205 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, the social partners and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 216 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level and Member State-level social partners. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 267 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to combating social dumping and abusive practices in relation to cross- border labour mobility and the coordination of social security systems within the Union.
Amendment 270 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 277 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This regulation is without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners as explicitly recognised by the TFEU. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, and to the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action.
Amendment 287 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to combating social dumping and ensuring fair labour mobility in the internal market. To this end, the Authority shall:
Amendment 298 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and, employers and social partners to information on their rights and obligations as well as to relevant services;
Amendment 327 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners and the right to collective bargaining and to take collective action.
Amendment 340 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and, employers and social partners on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 398 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and, employers and social partners to facilitate fair labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 415 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employindividuals, employers and social partners on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 434 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and, employers and social partners pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.
Amendment 440 #
2018/0064(COD)
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the
Amendment 469 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including meeting deadlines on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 597 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law and/or practice of the Member States concerned and without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce.
Amendment 623 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate be present as an observer during a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.
Amendment 649 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 660 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalansocial dumping, abusive practices, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of social dumping, skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues related to social dumping in the internal market.
Amendment 680 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Authority shall collect statistical data compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat), Eurofound and European Institute for Gender Equality (EIGE) and share the results of its data collection activities, where appropriate.
Amendment 767 #
2018/0064(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authorities, and without prejudice to the autonomy of social partners and the right to collective bargaining and to take collective action, the Authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 800 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of: (a) one senior representative from each Member State and two representatives of the Commission, all of whom; (b) one member representing employers' organisations from each Member State; (c) one member representing employees' organisations from each member State; (d) one member representing the Commission. All members referred to points (a) to (d) shall have voting rights.
Amendment 811 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2), taking into account relevant managerial, administrative and budgetary skills. Members of the Management Board representing the social partners referred to in points (b) and (c) shall be appointed by their respective organisations in the Member States.
Amendment 846 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive forrespect gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 893 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations,; two representatives from the social partners in each Member State equally representing trade unions and employer's organisation; and two representatives of the Commission.
Amendment 898 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The members of the Stakeholder Group shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed. To the extent possible, an appropriate gGender balance shall be respected, as well as adequate representation of SMEs.
Amendment 38 #
2017/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas although the EU unemployment rate is at its lowest level in nine years and stands at 7.5 % this recovery remains very uneven among Member-States to the benefit of those countries that did not need to implement deep structural reforms or follow adjustment programs;
Amendment 43 #
2017/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the employment rate for women is still 11 pps below that of men, demonstrating a persistent gender gap;
Amendment 51 #
2017/2260(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas in seven member-states, the long-term unemployment rate (as a percentage of total unemployment) exceeds that of the Eurozone average (49.7%) by 4% to 23%, indicating a potential permanent trend;
Amendment 63 #
2017/2260(INI)
E. whereas societies in the European Union are ageing, which presents additional challenges for Member States’the growing number of older people (nearly 20 % of the European population is over 65 and the estimation is that this rate will reach 25 % by 2050), the declining number of working age people and public budget constraints, especially austerity measures implemented in the EU, are having a significant impact on social security and healthcare systems;
Amendment 68 #
2017/2260(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, although a certain amount of progress in reducing poverty and social exclusion can be observed, there are still disadvantaged groups in society with an unacceptable 119 million poor in the EU of which more than 25 million children across of Europe (more than 1 in 4 children) and regional disparities persist;
Amendment 75 #
2017/2260(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the overall policy outlook of the European Semester remains concerned with fiscal consolidation and deregulation of labour markets;
Amendment 136 #
2017/2260(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for improving work quality both in terms of working conditions, health and safety as well as in terms of wages allowing for a decent leaving and family planning; stresses the importance of tackling undeclared work in an effective manner, involving social partners and imposing appropriate fines;
Amendment 137 #
2017/2260(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that fiscal consolidation programmes should by no means impose austerity measures undermining social policies that suffer substantial cuts; any proposed fiscal measure should be assessed and monitored against its social impact;
Amendment 170 #
2017/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training in order to guarantee that the skills acquired will match labour market demand; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; the creation of jobs though requires also an individualised approach according to the local necessities and particularities of the labour markets; cognitive and soft skills must equally be developed valuing personal abilities and offering on the job satisfaction;
Amendment 219 #
2017/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that increasing life expectancy requires the adaptation of pensions systems in order to ensure a good quality of life for elderly people; stresses that this can be achieved by linking retirement age not only to life expectancy but also to insurance contribution years, and by preventing early exit from the labour market; stresses that the absurd phenomenon of maintaining people longer to work while experiencing youth unemployment should be remedied while refugees and migrants should have their skills recognised or be offered skills development opportunities in order to be given the chance to enter the labour market while at the same time supporting to sustainability of pension systems;
Amendment 232 #
2017/2260(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Suggests to exempt from the EU Stability and Growth Pact the financial resources allocated to programmes in support of the unemployed, mainly through active labour market policies including job creation in countries with unemployment above the Eurozone average as an investment to human capital sustaining potential growth since, according to the EESC the spending policy can not be measured by just an accounting result as deficit but on the impact it has on the real economy;
Amendment 250 #
2017/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the role of the social partners as essential stakeholders in the reform process and the added value of their involvement in the drafting, sequencing and implementation of reforms; supports the opinion that new forms of employment in the globalised market call for new forms of social dialogue; stresses though the necessity of restoring instead of deregulating labour relations supporting collective agreements for all; workers must be informed on their rights and be protected in case of whistleblowing to report abusive practices; affirms that the Member States need to help people build the skills required in the labour market;
Amendment 6 #
2017/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the advanced character of the EU economy, as well as digitalisation, automation and robotisation of the EU labour market, has increased demand for high-level qualificaunderlines the need for modern educational systems, which equally combine all eight key competences aimed by the Commissions' Key Competences Recommendation, and which also include knowledge and attitudes (dispositions and skills, while demand for low-level qualifications and skills has decreasedmind sets to react to ideas, persons or situations including values, thoughts and beliefs) other than only skills;
Amendment 16 #
2017/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that education and training should not be adapted to the demands of the markets, but should deepen critical, analytical and independent thinking, helping people reach their full potential personally and professionally;
Amendment 31 #
2017/2224(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that according to Cedefop1a, the distribution of skills in the labour force largely matched the qualification requirements of the labour market in 2016; further notes that Cedefop forecasts a parallel rise in skills from both the demand and the supply side until 2025 and that skills levels are expected to change faster for the labour force than those required by the job market; calls therefore on the Commission and the Member States to carefully reassess the difficulties concerning access to the world of work; __________________ 1ahttp://ec.europa.eu/eurostat/statistics- explained/index.php/Europe_2020_indica tors_- _employment#Skills_mismatches_in_the_ labour_market
Amendment 34 #
2017/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that skills mismatch and shortages are responsible for bothnot the reasons of unemployment and unfilled job vacancies3 ; considers that these worrying phenomena should be tackled by modernising education systems, making education systems cooperate more closely, and that in order to create new decent jobs with full labour market actors and fsocusing more on training in soft and transversal skills to accommodate future skillsial rights, public investments in sectors of the economy are needsed; __________________ 3 http://www.cedefop.europa.eu/en/events- and-projects/projects/assisting-eu- countries-skills-matching
Amendment 45 #
2017/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that the solution to skills mismatches or shortages is not further labour market segmentation in the form of non-standard and atypical forms of employment, including temporary jobs, involuntary part-time work, zero-hour contracts and unpaid traineeships; considers these atypical forms of employment as one of the reasons leading to the impoverishment of parts of the European citizens; reiterates its demand to ban zero-hour contracts and abusive atypical forms of employment;
Amendment 53 #
2017/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to continue their efforts to enable the recognition and validation of non-formal and informal learning – gained from free online courses such as MOOCs – which often broaden access to education for underprivileged groups and therefore increase their opportunities for a better job and life, as well as investing in quality jobs with full social and labour rights for these groups;
Amendment 66 #
2017/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to internationalise education systems and expand student mobility programmes to better prepare students for the EU labour marketworld of work, in which a lack of skills in foreign languages and cultures is the first barrier to mobility;
Amendment 77 #
2017/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 81 #
2017/2224(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. In this regard, welcomnotes the Commission communication on ‘A New Skills Agenda for Europe’ (COM(2016)0381), which proposes solutions for skills mismatch and shortages and for finding the right system of skills recognition;
Amendment 111 #
2017/2224(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to make vocational and educational training more visible and enhance its quality and attractiveness, and to promote dual education, work-based learning and reality-based learningin all its forms at every level and form of education, including universities, in order to ensure stronger ties between the education and labour markets; calls for the policy of apprenticeships and entrepreneurship for young people to be developed, to make their entry into the labour market smootheracknowledges that education and training are Members State competences and that the EU can only support, coordinate or supplement actions of the Member States;
Amendment 131 #
2017/2224(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Recalls the importance of life-long learning in developing adult skills and qualifications to ensure people’s active participation in the labour marketworld of work through upskilling and reskilling.
Amendment 11 #
2017/2066(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU market in retail financial services remains underdeveloped and highly fragmented; whereas efficient action is therefore needed to facilitregulate innovation beneficial to end users, while unlocking the full potential of the single market;, ensuring that it is beneficial to end users.
Amendment 16 #
2017/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas a European retail financial services market would only be videsirable if it represented real added value for consumers by ensuring effective competition and consumer protecand financial stability by ensuring consumer protection and stopping financial concentration, notably in relation to products necessary for participation in economic life and for vulnerable consumers;
Amendment 27 #
2017/2066(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Action Plan on consumer financial services as a means of addressing some of the challenges raised by Parliament in its report on the Green Paper on retail financial services, with the aim of striving towards a genuine technology-enabled singleensuring consumer protection in the context of a technology based market for retail financial services, while protecting consumers, lowering prices and fighting against tax fraud, tax evasion and tax avoidance;
Amendment 46 #
2017/2066(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that out of the three main strands of work identified by the Commission for the remaining years of the current mandate are worth pursuing; believes, nevertheles, increasing consumer trust the main public responsibility; Considers, that empowering consumers can be highly misled policy in a market with such a dramatic asymmetry of information; Deplores the Commission's proposal to remove regulatory obstacles in the retail financial services; believes, that several concerns raised by Parliament in its report on the Green Paper on retail financial services have not been credibly addressed by the Commission in its Action Plan;
Amendment 90 #
2017/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 113 #
2017/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to assess carefully whether national rules and practices are motivated by consumer protection concerns; uUnderlines that the dismantling of national barriers should not be to the detriment of consumer protection;, as is usually is the case.
Amendment 131 #
2017/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to amend the Mortgage Credit Directive and the Consumer Credit Directive to introduce compulsory, harmonised, cross-borderMember States to introduce compulsory, creditworthiness assessment standards and principles to better mitigate the risk of increasing over- indebtedness when facilitating pan-European online credit;.
Amendment 139 #
2017/2066(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to present an all-inclusive FinTech Action Plan in the framework of its capital markets union (CMU) and digital single market (DSM) strategies, contributing to an effective and well-funregulation and consumer protection ing integrated the technology- driven single market of financial services benefiting all European end-users;.
Amendment 152 #
2017/2066(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 155 #
2017/2066(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to adapt the existing EU legal framework for the digital world to counteract consumer protection risks connected with distance online selling, thereby creating new business opportunities for European start-ups and FinTechs;including by limiting or banning the online retail sale of complex financial products.
Amendment 127 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 143 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 149 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 162 #
2017/0355(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for, additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 192 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day ofbefore starting the employment relationship.
Amendment 202 #
2017/0355(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level in all EU languages, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.
Amendment 208 #
2017/0355(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply iThese obligations apply to any kind of posting, without prejudice of the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 241 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 336 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 347 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 360 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 475 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
Amendment 512 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be provihanded individually to the worker in the form of a document at the latest on the first day of the employment relationship. Twritten document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 537 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.
Amendment 562 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the dayfifteen days before it takes effect.
Amendment 572 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:
Amendment 687 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
Amendment 760 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 32 #
2017/0125(COD)
Proposal for a regulation
Title 1
Title 1
rejects the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry
Amendment 79 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 102 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EC) No 1072/2009
Article 1 paragraph 1
Article 1 paragraph 1
Amendment 116 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1
Article 1
Amendment 135 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 - point d
Article 5 - point d
(d) manage the transport operations carried out withhave an operational centre in that Member State with sufficient parking space for regular use by the vehicles referred to in point (b) withand the appropriate technical equipment situated in that Member State;
Amendment 141 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) the following point (f) is added: (f) conduct a substantial part of transport operations in the Member State of establishment, using the vehicles referred to in point (b)
Amendment 150 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 paragraph 1
Article 6 paragraph 1
(xiia) cabotage
Amendment 171 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 1071/2009
Article 12 paragraph 2
Article 12 paragraph 2
Amendment 174 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part
(i) the following points (g), (h), (i) , (j) and (jk) are added:
Amendment 183 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 - paragraph 2 - point j a (new)
Article 16 - paragraph 2 - point j a (new)
(ja) the following data about the drivers of the undertaking: name, nationality, country of residence, Member State of registration of employment contract, Member State where social security contribution are paid
Amendment 191 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Regulation (EC) No 1071/2009
Article 16 - paragraph 2 - point c
Article 16 - paragraph 2 - point c
(aa) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative; the names of the undertakings previously managed by the transport managers; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)
Amendment 196 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 - point -a (new)
Article 1 – paragraph 1 – point 11 - point -a (new)
Regulation (EC) No 1071/2009
Article 16 paragraph 2
Article 16 paragraph 2
(-a) Paragraph 2 is amended as follows: "2. National electronic registers shall contain at least the following data:(a)the name and legal form of the undertaking;(b)the address of its establishment;(c)the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative;(d)the type of authorisation, the number of vehicles it covers and, where appropriate, the serial number of the Community licence and of the certified copies;(e)the number, category and type of serious infringements, as referred to in Article 6(1)(b), which have resulted in a conviction or penalty during the last 2 years;(f)the name of any person declared to be unfit to manage the transport activities of an undertaking, as long as the good repute of that person has not been re- established pursuant to Article 6(3), and the rehabilitation measures applicable. For the purposes of point (e), Member States may, until 31 December 2015, choose to include in the national electronic register only the most serious infringements set out in Annex IV. For the purpose of effective cross-border enforcement, the data contained in the National electronic registers shall be accessible in real time to all Member States' competent authorities. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)
Amendment 204 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 paragraph 1
Article 1 paragraph 1
Amendment 213 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 paragraph 6
Article 2 paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;;
Amendment 218 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1072/2009
Article 3 General principle
Article 3 General principle
Amendment 222 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 paragraph 2
Article 8 paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 51 days from the last unloading in the host Member State in the course of the incoming international carriage.; Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 1 day period referred to in paragraph 1.
Amendment 251 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 9 paragraph 1
Article 9 paragraph 1
(5a) Article 9 is amended as follows: " 1. The performance of cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:(a)the conditions governing the transport contract;(b)the weights and dimensions of road vehicles;(c)the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;(d)the driving time and rest periods;(e)the value added tax (VAT) on transport services. ; (f) the conditions for posting of workers. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1072&from=EN)
Amendment 18 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the implementation of the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 35 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt theIt is thus desirable to enforce the application of the existing provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the existing rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long.
Amendment 51 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited, starting with the installation of the digital tachograph in registered vehicles before 2020. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations.
Amendment 58 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As new models of transport of good are expanding, the use of vehicles for this tasks with a permissible mass of less than 3,5 tonnes, may be included within the scope of Regulation (EC) No 561/2006 in order to improve working conditions of drivers and road safety.
Amendment 67 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Member States may put more efforts to ameliorate the health and security conditions of the parking areas, improving the adequate sanitary facilities and accommodation. To facilitate the resting periods away from home, a sufficient network of parking areas should exist within the Union.
Amendment 74 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds3,5 tonne-1) in Article 2 (1), point (a) is replaced by the following "(a) of goods, or”
Amendment 92 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – point r a (new)
Article 4 – point r a (new)
(2a) In article 4, the following point is added: "(ra) 'home' means the place where the driver's residence is."
Amendment 108 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – point 6 – subparagraph 1
Article 8 – point 6 – subparagraph 1
Amendment 149 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shallis responsible of organisezing the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks.or another place chosen by the driver;
Amendment 156 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(6a) in Article 10, paragraph 1 is replaced by the following: "1. A transport undertaking shall not give drivers it employs or who are put at its disposal any extra payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation..”;
Amendment 162 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 171 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 166 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 250 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyat least impose the following administrative requirements and control measures:
Amendment 256 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) for each posted driver and each posting, an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form,a standardized electronic form developed and made available by the Commission in anll official languages of the host Member State or in EnglishUnion, containing onlyat least the following information:
Amendment 277 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) Information about the posted drivers would be at least the following: the identity, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security number;
Amendment 283 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration androad transport operator to provide the posted driver with the following documents for the purpose of roadside control: (i) a copy of the posting declaration in paper or electronic form; (ii) the evidence of the transport operation taking place in the host Member State, such as an as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and of the Council; (iii) the electronic consignment note (e- CMR) or evidence referr(iv) a copy of the employment contract translated into in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.one of the official languages of the host Member State, or into another language accepted by the host Member State; (v) a copy of the payslips for the last two months, in paper or electronic form;
Amendment 301 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 312 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 320 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of timefive days from the request;
Amendment 333 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 (a), (b) and (c) shall be kept on board the vehicle and presented to the authorised inspecting officers of the Member State hosting the posted driver within the duration of the roadside check.
Amendment 335 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
Amendment 3 #
2016/2271(INI)
Draft opinion
Recital A
Recital A
A. whereas the information and communications technology (ICT) sector currently employs six million people in Europe and whereas 40 % of European workers have insufficient digital skills; whereas a large gender gap exists in employment and training in the (ICT) sector, with strong negative implications for equality in the labour market;
Amendment 13 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the digitisation of industry represents a major challenge in terms of the organisation of work and therefore requires targeted responses regardingis profoundly transforming work relations by accelerating many of the tendencies (out-sourcing and sub- contracting of industrial production and services, irregular and on-demand working patterns...) that were already becoming prevalent in the past decades; highlights that these transformations require Members States and the Commission, together with the social partners, to review legislation in the fields of employment, social and education policies, as well as the provision of up-to-date infrastructurend to strengthen collective bargaining mechanisms; notes with concern that the lack of appropriate action has already resulted in an increase in precarious and atypical work in the industrial field, including such worrying developments as the use of zero-hour contracts or the spike in "bogus" self- employment and non-paid over-time in many Member States; highlights that the digitalisation of industry must be shaped so that it contributes to improved working conditions, including higher-skilled quality employment and reduced working- times;
Amendment 46 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the opportunities related to the digitisation of industry; stresses, however, that new forms of work must comply withnot be used to circumvent current labour and social legislation and guarantees regards the protection of worker's’ and consumer rights;
Amendment 76 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the digitalisation of industry has ambiguous effects on the quality of work, since it may also lead to de-skilling of workers, which become mere appendixes of robotised production systems or digitalised platforms, with negative effects also on workplace democracy; highlights the need to strengthen the role of workers' representatives in shaping digital transformations, by strengthening their rights of consultation and participation in everyday management, as key to ensure a fair digital transition;
Amendment 83 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need to identify together with the social partners potential occupational health and safety risks stemming from the digitisation of industry and to take appropriate measures, including new psychological risks and the effects of robot-human interaction, and to take appropriate measures including the recognition of such rights as the right to disconnect.
Amendment 59 #
2016/2269(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that modern societies are facing crucial social challenges that involve inequality issues; stresses that dealing with these challenges is both a responsibility for public policy-making and an opportunity for private investorsservices and policy - making.
Amendment 66 #
2016/2269(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the crucial role of tax policies and their redistributive function in correcting inequalities of income and wealth;Highlights in this regard that tax evasion and elision and tax dumping are not just detrimental to public finances and policies but also have a highly assymetrical impact between higher and lower levels of income;Tax evasion and dumping favour a race to bottom on corporate taxes which harms public services and shifts the tax burden toward labour income.
Amendment 30 #
2016/2247(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the Banking Union has further weakened Member States’ control over their banking systems, and this situation is particularly serious in the Member States which are more peripheral and worst hit by the economic and financial crisis;
Amendment 31 #
2016/2247(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the Banking Union, with its unique bank supervision and resolution methods, is a political way of enforcing the centralisation and capital concentration process in the European Union, and whereas it has been used to promote and carry out merger and acquisition operations in the banking sectors of a number of Member States and to concentrate deposits and investments in the hands of Europe’s financial behemoths, exacerbating the ‘too big to fail’ problem;
Amendment 32 #
2016/2247(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas the Banking Union has given rise to a pan-European banking oligopoly, a development which runs counter to one of its supposed main objectives – combating the ‘too big to fail’ problem;
Amendment 33 #
2016/2247(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas the Banking Union guarantees stability for big capital, ensuring that public funds continue to be channelled for purposes which serve big capital’s own interests;
Amendment 39 #
2016/2247(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the establishment of the Banking Union hwas been a fundamentalone of the most important steps taken towardsfollowing the complereation of a genuinthe Economic and Monetary Union;
Amendment 69 #
2016/2247(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the new resolution regime that entered into force in January 2016 represented a change of paradigm;, and whereas market participants need to fully understand and adapt to the new systemin practice it prevents Member States from nationalising banks regarded as systemically important (i.e. those covered by the single dispute settlement mechanism), whilst doing nothing to obviate the need for a Member State to inject money into a systemically important bank which runs into difficulties;
Amendment 87 #
2016/2247(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Rejects the theory that the Banking Union will necessarily resolve the ‘too big to fail’ problem and strengthen the banking and financial sector; considers that the class-motivated nature of this project and the political- ideological approach it involves will not prevent the continued use of public money to bail out the banks’ major shareholders, nor will it stop banks engaging in financial manipulation or speculation;
Amendment 89 #
2016/2247(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses that, given the importance of the financial system, and in view of current and recent experiences, capital concentration policies in the banking sector must be ended, and control of the banks and the financial system must be placed in public hands; takes the view that these two measures are prerequisites for guaranteeing that financial resources used to stimulate the economy foster the development of countries and improve the living standards of their people and workers;
Amendment 208 #
2016/2247(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the ‘too-big-to-fail’ issue still needs to be addressedBanking Union will not help to resolve the ‘too-big-to-fail’ issue, as it furthers concentration in the banking sector and, consequently, increases the number of institutions that are ‘too big to fail’;
Amendment 435 #
2016/2247(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for the Banking Union and its mechanisms to be dissolved;
Amendment 901 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members may serve a maximum of two terms in the office of President pursuant to Rule 19(1).
Amendment 918 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 22 – paragraph 2
Rule 22 – paragraph 2
2. The duties of the President shall be to open, suspend and close sittings; to rule on the admissibility of amendments, and on questions to the Council and Commission, and on the conformity of reports with these Rules; to ensure observance of these Rules, maintain order, call upon speakers, close debates, put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.
Amendment 953 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 37 – paragraph 1 – subparagraph 2 a (new)
Rule 37 – paragraph 1 – subparagraph 2 a (new)
After the adoption of the Commission Work Programme, the Parliament, the Council and the Commission shall, pursuant to paragraph 7 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, exchange views and agree on a joint declaration on annual interinstitutional programming setting out broad objectives and priorities. Before negotiating with the Council and the Commission on the joint declaration, the President shall hold an exchange of views with the Conference of Presidents and the Conference of Committee Chairs regarding Parliament's broad objectives and priorities. Before signing the joint declaration, the President shall seek the approval of the Conference of Presidents. If one of more political groups representing at least one- tenth of the component members of Parliament object to the draft joint declaration, it shall be put to the vote at the next part-session.
Amendment 968 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 52 – paragraph 2 – subparagraph 1
Rule 52 – paragraph 2 – subparagraph 1
Motions for resolutions contained in own- initiative reportssubmitted to Parliament shall be examined by Parliament under the short presentation procedure set out in Rule 151. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 170(4). Rule 176 and Rule 180 shall apply to the committee's motion for a resolution and amendments thereto. Rule 180 shall also apply to the single vote on alternative motions for resolutions.
Amendment 981 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 62 – paragraph 1
Rule 62 – paragraph 1
1. In the period following the adoption by Parliament of its position on a proposal by the Commission, the Chair and the rapporteur of the committee responsible shall monitor the progress of the proposal over the course of the procedure leading to its adoption by the Council, in particular to ensure that the undertakings given by the Council or the Commission to Parliament concerning its position are properly observed. They shall report back to the committee regularly.
Amendment 1000 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 79 – paragraph 3 – subparagraph 1
Rule 79 – paragraph 3 – subparagraph 1
If the European Council decides to convene a Convention, the representatives of Parliament shall be appointed by Parliament upon a proposal by the Conference of Presidents. Where possible, it shall comprise at least one member from each of the political groups that wishes to participate.
Amendment 1010 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 94 – paragraph 1 – indent 4
Rule 94 – paragraph 1 – indent 4
– the bodies responsible for the budgetary management of legally independent entities which carry out Union tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament. The discharge to such bodies shall be dealt with in separate reports.
Amendment 1042 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 118 a (new)
Rule 118 a (new)
Rule 118a Multiannual programming Upon the appointment of a new Commission, the Parliament, the Council and the Commission shall, pursuant to paragraph 5 of the Interinstitutional Agreement on Better Law-Making, exchange views and agree on joint conclusions on multiannual programming. To that effect, and before negotiating with the Council and the Commission on the joint conclusions on multiannual programming, the President shall hold an exchange of views with the Conference of Presidents regarding the principal policy objectives and priorities for the new legislative term. That exchange of views shall take into consideration, inter alia, the priorities presented by the President- elect of the Commission, as well as the replies given by Commissioners-designate during the hearings provided for in Rule 118. Before signing the joint conclusions, the President shall seek the approval of the Conference of Presidents. If one of more political groups representing at least one- tenth of the component members of Parliament object to the draft joint declaration, it shall be put to the vote at the next part-session.
Amendment 1058 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 130 – paragraph 3 – subparagraph 1 a (new)
Rule 130 – paragraph 3 – subparagraph 1 a (new)
Where a question has not been answered adequately, the author may submit a follow-up question. The scope of the follow-up question shall not deviate in substance from the original question. This subparagraph shall apply mutatis mutandis to questions submitted under Rule 131.
Amendment 1121 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 178 – paragraph 1
Rule 178 – paragraph 1
1. As a general rule, Parliament shall vote by show of handsroll call vote. This paragraph shall not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member. The roll call vote shall be taken using the electronic voting system. Where the latter cannot be used for technical reasons, the roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.
Amendment 1164 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 208 – paragraph 1
Rule 208 – paragraph 1
1. Any Member, regardless of which committee he or she belongs to, may table amendments for consideration in committee.
Amendment 3 #
2016/2062(INI)
Aa. whereas the aviation sector in the EU faces fierce competition from third- country operators, including operators, which use low-cost labour and circumvention of international labour conventions as well as state aid to dump prices; whereas this encourages EU operators to reduce labour costs and thus gradually undermines social standards in the Member States and the EU;
Amendment 6 #
2016/2062(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the increasing use of precarious employment models in aviation inside the Union further creates downwards pressure on social and labour rights and has adverse effects on health and safety; whereas high-quality employment and training is directly linked to the safety and security of passengers and staff;
Amendment 16 #
2016/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s communication on ‘An Aviation Strategy for Europe’; regrets, however, the lack of concrete initiatives to curb social dumping in the sector; stresses that action is needed to reinforce the social agenda and maintain high-quality jobs in aviation; believes that ensuring a level playing field in the sector in the EU and globally is crucial;
Amendment 34 #
2016/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of strong, independent social partners in the aviation sector, an institutionalised social dialogue and the participation of employees in company matters; underlines that the rights to form and to join a trade union and to undertake collective action are fundamental rights in the Union;
Amendment 45 #
2016/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that direct employment must remain the usualbe the standard form of employment in aviation in order to ensure safety and high- quality jobs; stresses that in particular airline pilots cannot be considered to be independent of the companies for which they work; further calls on the Commission and Member States to ensure that workers' rights are safeguarded in the sense of Directive 2001/23/EC in the event of acquisition or transfer of company;
Amendment 54 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to come forward with legislative initiatives to prevent flags of convenience, rule shopping and unfair competition in aviation, including a ban on zero-hours contracts and pay-to-fly schemes; stresses that bogus self-employment has significant consequences with regard to the social protection of workers and safety and has an adverse effect on the level playing field; insist therefore that the Commission and Member States clarify the provisions, drawing on ILO Convention 198, so that a distinction can be drawn between employees and self- employed workers in order to put an effective stop to bogus self-employment;
Amendment 68 #
2016/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prevent social dumping and possible illegal use of foreign workers on board EU-registered planesthird- country workers on board EU-registered planes; believes that third-country workers on board EU-registered planes must have the same social and labour rights as those applying to the operators' employees residing inside the EU;
Amendment 82 #
2016/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that any agreements in the field of EU External Aviation Policy must include respect for human rights and fundamental ILO conventioninclude all relevant ILO conventions; in this regard, insists that Member States have the right to deny airlines landing rights on their territory if non-EU operators do not respect human rights or exercise unfair competition, including respect for workers' rights;
Amendment 93 #
2016/2062(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to invest in mandatory education and training in all parts of the aviation value chain; recognizes the importance of establishing minimum requirements for education and training in the EU in order to ensure a high level of quality and safety in the aviation sector;
Amendment 108 #
2016/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Member States to guarantee all workers in the aviation sector decent working conditions, including health and safety at work; stresses that this includes protection against exposure to particle pollution in airports.
Amendment 12 #
2016/2038(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas capitalistic globalisation and the free movement of capital, the latter triggered in EU by the establishment of the single market, created the perfect conditions for the design of base erosion and profit shifting schemes and, at the same time, enshrined a structural bias in policy making to the benefit of capital owners and MNEs; whereas this has been promoting divergences and asymmetries between countries and social classes;
Amendment 13 #
2016/2038(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the introduction of the single market in the EU has proved, on one hand, highly beneficial to MNEs, and, on the other, highly prejudicial to the desirable economic and social convergence between Member States;
Amendment 14 #
2016/2038(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas while governments issued tax rulings favouring MNEs they were at the same time increasing labour taxes, asking for wage reductions and cutting public services (namely social security, health and education);
Amendment 20 #
2016/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ‘Panama Papers’ and ‘LuxLeaks’ scandals, as revealed by the International Consortium of Investigative Journalists (ICIJ), have shown the urgent need for the EU and its Member States to fighting tax evasion and avoidance and act for increased cooperation and transparency in order to re-establish tax justice, not only among Member States, but also globally;
Amendment 24 #
2016/2038(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the scale of tax evasion and avoidance is estimated by the Commission to be EUR 1 trillion19 a year, while the OECD estimates20 the revenue loss at global level to be between 4 % and 10 % of all corporate income tax revenue, representing between EUR 75 and EUR 180 billion annually, at 2014 levels; whereas these are only estimates and the actual figures might be even higher; whereas the costs to society of such practices are evident; whereas tax fraud, tax evasion and aggressive tax planning erode the tax base of Member States and thereby lead to loss of tax revenues and, therefore, negatively impact governments' capacity to provide adequate levels of public services, investments and social security; __________________ 19 http://ec.europa.eu/taxation_customs/taxati on/tax_fraud_evasion/a_huge_problem/ind ex_en.htm, European Commission, 10 May 2016. 20 Measuring and Monitoring BEPS, Action 11 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project.
Amendment 60 #
2016/2038(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas these scandals highlight the failure of the current economic system, but also its usury and greed, and show the urgency of putting in practice fair tax regimes and ending tax havens, but above all the need to revolutionize the economic system;
Amendment 72 #
2016/2038(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some specific tax jurisdictions actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the statutory and/or effective corporate tax rate in some jurisdictions is close or equal to zero per cent; whereas the complexity of different tax systems create a lack of transparency which is globally harmful;
Amendment 100 #
2016/2038(INI)
Motion for a resolution
Recital L
Recital L
L. whereas some financial institutions have played a role as intermediaries in setting up complex legal structures leading to aggressive tax planning schemes used by MNEs, as evidenced in ‘LuxLeaks’ and the ‘Panama Papers’; whereas legal loopholes and lack of coordination, cooperation and transparency between countries create an environment that facilitates tax evasion; whereas banks could have played a positive role in combating the erosion of national tax bases by, for instance, using the means of exchange of information at their disposal in a more cooperative spirit; whereas this shows the need for a firmly regulated and public financial sector in order to guarantee that it works effectively for tackling BEPS;
Amendment 128 #
2016/2038(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas patent boxes and similar preferential tools are just one element fuelling downward pressure on corporate tax rates; whereas the Treaties and EU legislation, such as the Parent-Subsidiary and Interest and Royalties Directives, create a problematic asymmetry by prioritising the free movement of capital and business establishment without the necessary policy instruments to ensure coordination, cooperation and transparency in corporate taxation; whereas this is exemplified by ECJ judgements which have prevented Member States from applying robust defence measures (e.g. CFC rules or exit taxation) against aggressive tax planning on the grounds of the fundamental freedoms of the internal market1a; whereas this type of integration enshrines a structural bias to the benefit of investors and corporations operating across borders; __________________ 1aFor instance, judgment of the Court (Grand Chamber) of 12 September 2006. Cadbury Schweppes plc and Cadbury Schweppes Overseas Ltd v Commissioners of Inland Revenue. and case C-9/02 Hughes de Lasteyrie du Saillant v. Ministère de l'Économie, des Finances et de l'Industrie, OJ C 94, 17.04.2004
Amendment 131 #
2016/2038(INI)
Motion for a resolution
Recital T b (new)
Recital T b (new)
Tb. whereas a particularly pressing problem arises through the outright lack of any harmonised approach among Member States on the issue of outbound payments; whereas in this current, uncoordinated framework, the combination of a removal of source taxation under the Interest and Royalties and Parent-Subsidiary Directives with a lack of withholding taxes on dividend, licence and royalty fee and interest outbound payments in some Member States creates loopholes whereby profits can effectively flow from any Member State out of the Union without being subject to tax at least once;
Amendment 134 #
2016/2038(INI)
Motion for a resolution
Recital V
Recital V
V. whereas it was only five months after the beginning of the term of its Special Committee that some Room documents and minutes of the Code of Conduct Group were made available to MEPs in camera on EP premises; whereas, while additional documents have been made available, some documents and minutes still remain undisclosed or missing; whereas the Commission stated at an informal meeting that it has made all the documents originating from the Commission and at its disposal available to the Special Committee and any further relevant meeting documents originating from the Commission , should they ever have been in the Commission’s possession, must therefore have been lost;
Amendment 137 #
2016/2038(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas, in addition to untraceable Commission documents, a large number of CoCG room documents, originating from the CoCG Chair, Member States or other stakeholders and in the Commission's possession, have not been made available to MEPs yet;
Amendment 142 #
2016/2038(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the OECD, the UN and other international organisations are interested parties in the fight against corporate tax base erosion; whereas there is a need to ensure global harmonisation of practices and implementation of common standards such as those proposed by the OECD vis-à-vis the BEPS package; whereas such global standards should be negotiated and monitored by an intergovernmental forum at UN level with less selective membership than the OECD or G20 so as to allow all countries, including developing countries, to take part on an equal footing; whereas the meeting of G20 finance ministers and central bank governors held in Washington on 14 and 15 April 2016 concluded in favour of initiating implementation of the BEPS measures, and has called for full financial transparency, especially as regards beneficial ownership;
Amendment 153 #
2016/2038(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a number of measures proposed by the Commission are a direct follow-up of Parliament’s resolutions of 16 December 2015 and 25 November 2015; whereas important initiatives included therein have thus now been put forward by the Commission, at least partially; whereas other critical measures called for in said resolutions are still lacking, such as, amongst others, a reform of the fiscal state aid framework, effective legal provisions for the protection of whistleblowers and measures to curb assistance to and promotion of aggressive tax planning by advisors and the financial sector;
Amendment 158 #
2016/2038(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas the work of the Special Committee was hindered to some extent by the fact that out of 7 MNCs invited, only 4 agreed on first invitation to appear before its members (see Annex 2); whereas insufficient exchanges were held with political representatives of Member States with a view to discussing and assessing Member States' tax policies as well as political positions in Council fora dealing with tax matters, both of which having the potential to impede necessary coordination, corporation and transparency in corporate tax matters in the EU;
Amendment 161 #
2016/2038(INI)
Motion for a resolution
Recital AE a (new)
Recital AE a (new)
AEa. whereas, due to the continued refusal of the Commission and the Council to consent to the proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry, the European Parliament's special and inquiry committees still enjoy insufficient competencies, such as the right to summon witnesses and enforce document access, when compared to Member State parliaments and the US Congress;
Amendment 172 #
2016/2038(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Anti-tax Avoidance Package (ATAP) published by the Commission on 28 January 2016, as well as all legislative proposals and communications already undertaken afterwards; calls on the Council to reach a unanimous position on the ATAP and keep the Anti-Tax Avoidance Directive as one single directive; welcomes the initiative to create a common Union list of uncooperative jurisdictions in the External Strategy for Effective Taxation; reiterates its position that more and binding action is needed to effectively and systematically combat BEPS; invites the Commission to consider extending the interest limitation rule to licence fee and royalty costs and making these costs' tax deductibility contingent on the level of effective taxation of the corresponding revenue in the country of destination; calls on Member States to particularly agree on strong, comprehensive and enforceable CFC rules and to discard rules which are limited to somehow defined non-genuine arrangements the burden of proof for which is put on tax authorities;
Amendment 181 #
2016/2038(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern the lack of measures that are on the table to fight against tax havens, in this sense draws attention to the fact that increasing transparency will not be enough to deal with this problem;
Amendment 184 #
2016/2038(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission to come forward with a proposal for a common corporate consolidated tax base (CCCTB) which would provide a comprehensive solution to harmful tax practices within the Union; believes that the consolidation of the CCCTB is essential and is becoming increasingly urgent; calls on the Member States to promptly reach an agreement on this and to swiftly implement it; recalls that without effective minimum corporate tax rate floors, a CCCTB is likely to amplify downward pressure on rates as the only remaining legal tool for Member States to offer more generous conditions to taxpayers and that this could also lead to more business relocation with ensuing negative labour market effects; further underlines that additional efforts may be needed to curb BEPS risks between EU Member States and third countries arising from the transfer pricing framework, particularly the pricing of intangibles, and that global alternatives to the current arm's length principle should be actively investigated and tested for the potential to ensure a fairer and more effective global tax system;
Amendment 209 #
2016/2038(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the agreement in Council on 8 December 2015 on automatic exchange of information on tax rulings; stresses that the Commission should have full access to the new Union database of tax rulingnew Union database of tax rulings should retroactively contain all valid rulings in line with Parliament's earlier position, and that those rulings should be made public after affected corporations had the chance to request redactions of parts that constitute well- defined and actual commercial secrets; insists on the need for a comprehensive and efficient database of all rulings having potential cross-border effect;
Amendment 218 #
2016/2038(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned by media reports that Member States have concluded rulings orally in order to escape their obligations under the automatic information exchange framework; emphasises that any such binding or de facto binding commitment on tax matters by a public authority shall be subject to automatic information exchange and documented in writing;
Amendment 241 #
2016/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly emphasises that the work of whistleblowers is crucial for revealing scandals of tax evasion and avoidance, and that, therefore, protection for whistleblowers needs to be legally guaranteed and strengthened EU-wide; notes that the European Court of Human Rights and the Council of Europe have undertaken work on this issue; considers that courts and Member States should ensure the protection of legitimate business secrets while in no way hindering, hampering or stifling the capacity of whistleblowers and journalists to document and reveal illegal, wrongful and harmful practices where this is clearly and overwhelmingly in the public interest; regrets that the Commission has no plans for prompt action on the matter and this despite explicit support for the Parliament's calls on this matter by Commission President Jean-Claude Juncker in the 17 September TAXE hearing;
Amendment 259 #
2016/2038(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Asks Member States to implement measures against MNEs that have either holdings or subsidiaries in tax havens, in this sense calls on governments to set a good example by forbidding public companies to have affiliates in tax havens;
Amendment 261 #
2016/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to come up as soon as possible with a common Union list of uncooperative jurisdictions (i.e. a ‘'blacklist of tax havens’'), based on sound and objective criteria, including full implementation of OECD recommendations, tax transparency measures, BEPS actions and multilateral Automatic Exchange of Information standards as well as the elements used to define 'low tax or secrecy jurisdictions' in Parliament's report on Commission proposal 2016/0011 (CNS), and welcomes the Commission’'s intention to reach an agreement on such a list within the next six months; calls on the Member States to endorse that agreement by the end of 2016 and on the government of the United States of America to fully implement the results of multilateral processes instead of currently used non-reciprocal standards; urges the Commission and Member States to support a global process for listing problematic jurisdiction at UN level; underlines, however, that developing countries which have not actively taken part in the BEPS process and which constitute no significant global BEPS risks by means of their tax systems should not be blacklisted on the basis of not implementing certain BEPS actions, but should equally commit to tax transparency and multilateral cooperation in tax matters;
Amendment 283 #
2016/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for a concrete Union regulatory framework for sanctions against the blacklisted non-cooperative jurisdictions, including, but not limited to, the possibility of reviewing and, in the last resort, suspending free trade agreements, imposing trade or other tariffs, in conformity with WTO-rules, at a level equal to the damage done by foregone tax revenue and prohibiting access to Union funds; calls for the sanctions also to apply to companies, banks, and accountancy and law firms, and to tax advisers proven to be involved with those jurisdictions;
Amendment 291 #
2016/2038(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to renegotiate their bilateral tax treaties with third countries in order to introduce anti- abuse clauses and thus prevent ‘treaty shopping’gainst 'treaty shopping' as well as the possibility of withholding taxes in cases of insufficient minimum effective taxation, a distribution of taxation rights between source and resident countries reflective of economic substance and a corresponding definition of permanent establishment; stresses furthermore that this process would be expedited considerably if the Commission were mandated by Member States to negotiate such tax treaties on behalf of the Union;
Amendment 300 #
2016/2038(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends introducing an EU- wide withholding tax by Member States, in order to ensure that profits generated within the Union are taxed at least once before leaving it; notes that such a proposal should include a refund system to prevent double taxation; underlines that such a general withholding tax system based on the credit method has the advantage of preventing double non-taxation and BEPS without creating instances of double taxation and without relying on a selective blacklisting approach which entails significant diplomatic challenges when thoroughly applied as confirmed by several official interlocutors during committee delegations and hearings;
Amendment 325 #
2016/2038(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to put forward proposals for binding Union legislation on patent boxes that goes beyond the OECD Modified Nexus Approach, so as to prohibit the misuse of patent boxes and to ensure that if and when used they are linked to genuine economic activity; calls on Member States, given the overwhelming economic and collective action rationale against patent boxes and similar preferential regimes, to phase such regimes progressively out and replace them with less distortive measures of R&D promotion;
Amendment 334 #
2016/2038(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to integrate a Minimum Effective Taxation (MET) clause in the Interests and Royalties Directive and to ensure that no exemptions are granted; objects to proposals made in the Council of tying the MET clause to existing patent and knowledge boxes as those may not ensure what could be reasonably deemed MET;
Amendment 336 #
2016/2038(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls in this context for a wider review of EU legislation and the application and interpretation of the fundamental freedoms of the internal market with a view to systematically preventing instances of double non- taxation and harmful tax competition which arise as unintended consequences of the facilitation of intra-Union capital movement;
Amendment 404 #
2016/2038(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes the continuing lack of transparency and effectiveness of the working methods of the Code of Conduct Group, which is preventing any concrete potential improvement in terms of tackling harmful tax practices;
Amendment 446 #
2016/2038(INI)
Motion for a resolution
Paragraph 35 k (new)
Paragraph 35 k (new)
35k. Stresses that political office holders which bear responsibility for breaches of community law as detailed in the TAXE 1 report or for the obstruction of progress against harmful tax practices as evidenced by the Code of Conduct Group documents should take full responsibility for their conduct including considering resignation from their office where appropriate in order to restore trust of citizens in representatives of the European Union and its Member States;
Amendment 447 #
2016/2038(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 469 #
2016/2038(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Union, the G20, the OECD and the UN to cooperate further to promote global guidelines that will also be beneficial to developing countries; reiterates its conclusions from report 2015/2058(INI) that the UN Committee of Experts on International Cooperation in Tax Matters shall be transformed into a genuine intergovernmental body equipped with additional resources, and centralising efforts aimed at reforming the global tax system, ensuring that developing countries can participate equally in the global reform of existing international tax rules;
Amendment 495 #
2016/2038(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for the establishment of a public Union register of beneficial ownership, accessible in an open data format, which would form the basis of a global initiative in this regard; stresses the vital role of institutions such as the OECD and the UN in this connection;
Amendment 512 #
2016/2038(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Stresses the need for a comprehensive EU/USinternational approach on the implementation of OECD standards and on beneficial ownership; stresses furthermore that good governance clauses and the full BEPS action plan should be included in the Transatlantic Trade Investment Partnership (TTIP)all relevant economic international agreements in order to ensure a level playing field, create more value for society as a whole and combat tax fraud and avoidance;
Amendment 5 #
2016/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in recent years technological advances and digitalisation have transformed the postal services sector and that the modernisation and diversification of postal services has had a major impaadverse effect on employment in the sector; notes that 300 000 jobs in the sector have been lost in the last 20 years, all operators taken together;
Amendment 18 #
2016/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NotesDeplores the fact that the number of part-time workers, agency workers and bogus self- employed persons in the sector has increased and that the general trend is towards more flexibleprecarious employment contracts; notes that opening the market up to competition has not improved workers’ conditions;
Amendment 55 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that jobs have been created, as a result of restructuring and the introduction of new activities in the postal services sector and that, in keeping with these new circumstances, workers need to learn new skills; draws attention to the importance of training, and further training and retraining;
Amendment 13 #
2016/0404(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. Following Article 168 TFEU, professions in the health and social service sector should be excluded from the scope of this directive.
Amendment 28 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments, substantiating its arguments.In accordance with the Court of Justice, Member States must be allowed discretion in the election of the measure and level of protection of the public interest, which may vary from one Member State to another.
Amendment 32 #
2016/0404(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concernafter they are adopted. A review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessnot exceed the requirements of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adoptedArticle 59(3) of Directive 2005/36/EC.
Amendment 37 #
2016/0404(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 45 #
2016/0404(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; roadtransport safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives, the protection of individual and collective workers' rights, vocational training systems, workers' self- management, and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 52 #
2016/0404(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To meet the requirement of proportionality, the measure should be suitable for securing the attainment of the objective pursued. A measure should only be considered suitable for securing the attainment of the objective pursued, if it genuinely reflects a concern to attain that objective in a consistent and systematic manner, for instance where similar risks related to certain activities are addressed in a comparable way and where any exceptions to the restrictions involved are applied in line with the stated objective. Furthermore, the national measure should contribute to achieving the objective pursued and therefore, where it has no effect on the ground for justification, it should not be considered as suitable.
Amendment 54 #
2016/0404(COD)
Proposal for a directive
Recital 15
Recital 15
(15) RAccording to European case-law1a, requirements linked to professional qualifications shouldmay be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the aim pursued.ppropriate and necessary without Member States having to prove, positively, that no other conceivable measure could enable that objective to be attained under the same conditions. _________________ 1a Case C-110/05; Case-518/06
Amendment 57 #
2016/0404(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements tohat may be taken into account by national authorities, the following are of most relevancre are: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
Amendment 58 #
2016/0404(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 62 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 69 #
2016/0404(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 73 #
2016/0404(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. When doing so, existing procedures that are not amended should not be subject to a new proportionality assessment. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures.
Amendment 79 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to the social partners, as well as citizens, representative associations, or other relevant stakeholders with a legitimate interest, before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 91 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Amendment 102 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Without prejudice to the application of Directive 2005/36/EC, this directive shall not apply to professions providing health care services and social services, whether or not those services are provided within the framework of healthcare or social service establishments and independently of the manner in which they are organised and financed at national, regional and local level and independently from its provision by the public or private (non-profit or commercial) sector.
Amendment 115 #
Amendment 123 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducingundertake an assessment of proportionality when introducing significant new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
Amendment 129 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statementn explanation making it possible to appraise compliance with the principle of proportionality.
Amendment 134 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary and proportionateAny provision referred to in paragraph 1 shall be substantiated by qualitative and, wherever possible relevant, quantitative evidence.
Amendment 139 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adoptedafter adoption.
Amendment 145 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies.
Amendment 151 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as. These include, inter alia, preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, roadtransport safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives; the protection of individual and collective worker’s rights, vocational training systems, workers‘ self-management and cultural policy objectives.
Amendment 170 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiFor the purposes of the assessment in paragraph 1, Member States shall consider in particular:
Amendment 183 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 188 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 221 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;
Amendment 225 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restricalternative means to achieve the public interest objective;
Amendment 229 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 232 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k a (new)
Article 6 – paragraph 2 – point k a (new)
(k a) the necessity to uphold the precautionary principle, so that the maximum protection of public health, consumer safety and the environment is ensured in the face of risks that are uncertain or not fully apparent;
Amendment 237 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 240 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:deleted
Amendment 246 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;deleted
Amendment 251 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) continuous professional development requirements;deleted
Amendment 256 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) rules relating to the organisation of the profession, professional ethics and supervision;deleted
Amendment 260 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;deleted
Amendment 262 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
(e) quantitative restrictions, in particular requirements limiting the number of authorisations to practise, or fixing a minimum or a maximum number of employees, managers or representatives holding particular professional qualifications;deleted
Amendment 265 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point f
Article 6 – paragraph 4 – point f
(f) specific legal form requirements or requirements which relate to the shareholding or management of a company, to the extent those requirements are directly linked to the exercise of the regulated profession;deleted
Amendment 269 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point g
Article 6 – paragraph 4 – point g
(g) territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;deleted
Amendment 271 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point h
Article 6 – paragraph 4 – point h
(h) requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;deleted
Amendment 275 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability;deleted
Amendment 278 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.deleted
Amendment 293 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform the social partners, as well as citizens, service recipients, representative associations and relevant stakeholders other than the members of the professionwith a legitimate interest, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 16 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 18 #
2016/0403(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector- related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 26 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 46 #
2016/0403(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 55 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
This Regulation shall be without prejudice to the different labour market models of the Member States, including labour markets regulated by collective agreements.
Amendment 65 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 66 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 69 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 73 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 76 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 78 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 83 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form and shall notmay request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication.
Amendment 88 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 91 #
2016/0403(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 104 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 60 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive …….[ESC Directive]…in line with its Article 21e E-card shall not in any way replace or integrate with the control measures and national procedures that Member States have established in accordance with Directive 2014/67/EU.
Amendment 18 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 26 #
2016/0402(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore notmay apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e- card.
Amendment 33 #
2016/0402(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues related to the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State.
Amendment 37 #
2016/0402(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 43 #
2016/0402(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Host Member States should bare allowed to request clarifications or additional information from the home Member State before the issue of a European services e- card, essentially relevant for the assessment of whether there is a justified and proportionate need to object to temporary provision of services by the applicant in its territory or, for establishment, to assess just how many of its regulatory concerns are already suitably addressed by compliance of the applicant with home Member State's requirements. Over time, it is expected that Member States will gain a better knowledge of their respective regulatory frameworks in the sectors covered by the e-card that should lead to enhanced mutual trust and thus allow for a more expedient assessment to the benefit of applicants.
Amendment 53 #
2016/0402(COD)
Proposal for a directive
Recital 39
Recital 39
(39) A service provider should be allowed to apply for a European services e- card in the home Member State and have that application assessed and ultimately approved by the host Member State regarding the applicable conditions to provide services through a branch in the territory of that host Member State before that applicant is required to apply for registration of the future branch in that same host Member State. Thus, the applicant will be certain of the applicable sector-specific conditions and ultimately that it complies with them in a manner satisfactory to the host Member State before spending time and resources on requesting the registration of a branch in that host Member State for company law purposes. At the same time, the applicant will need to comply with national rules on registration of branches under company law to provide services through such a branch in compliance with EU law.
Amendment 61 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time period of 18 months and must be subject to checks and inspections every 3 months by the host Member State's authorities, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 68 #
2016/0402(COD)
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In cases of fraud and falsified information, Member States shall put in place effective, proportionate and dissuasive sanctions.
Amendment 71 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. This Directive shall be without prejudice to the different labour market models of the Member States, including labour markets regulated by collective agreements.
Amendment 79 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A host Member State shall notmay impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.
Amendment 83 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A host Member State shall notmay impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory.
Amendment 86 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 92 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. This article shall not affect the control measures related to posted workers laid down in Directive 2016/67/EU or prevent host Member States from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.
Amendment 100 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 moths, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17and must be subject to checks and inspections every 3 months by the host Member State's authorities.
Amendment 107 #
2016/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, host Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
Amendment 112 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 122 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 129 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 132 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. The procedure forA failure to provide the coordinating authority of the host Member State with the requestinged clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4in due time shall lead to an expiration of the application.
Amendment 133 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 135 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is no objection to the issue of the European services e-card to the applicant. A European Services E-card can only be issued to a provider with the active consent of the host Member State.
Amendment 137 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 144 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 145 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 146 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 153 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that the European services e- card shall be issued to the applicant.
Amendment 155 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onefour weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 161 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or to reject the application for the European services e-card.
Amendment 166 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. A failure to provide the coordinating authority of the host Member State with the requested clarification or additional information in due time shall lead to an expiration of the application.
Amendment 167 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Amendment 173 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 177 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Amendment 178 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 10
Article 13 – paragraph 10
Amendment 192 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 379 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3
Article 64 – paragraph 1 – point c and paragraph 3
Amendment 404 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Article 64a
Amendment 435 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 – paragraph 1 a (new)
Article 67 – paragraph 1 a (new)
22a. In Article 67, the following paragraphs are added: “1a. Family benefits paid out by the competent Member State to family members residing in another Member State can be linked to costs-of-living in that other Member State. The Commission shall, on an annual basis, establish a correction coefficient for payments between the Member States.”
Amendment 632 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 a i – table 4 – column Risk weight – row Bucket 9
Article 325 a i – table 4 – column Risk weight – row Bucket 9
Table 4 Covered bonds issued by credit institutions in Member States: 21.0%
Amendment 683 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b q – paragraph 5 – point a
Article 325 b q – paragraph 5 – point a
(a) the default probabilities shall be floored at 0,03%; for exposures other than exposures to central government, including central banks, and covered bonds issued by credit institutions in Member States.
Amendment 710 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 103
Article 1 – paragraph 1 – point 103
Regulation (EU) No 575/2013
Article 411 – point 6 – point b
Article 411 – point 6 – point b
Amendment 714 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 103
Article 1 – paragraph 1 – point 103
Regulation (EU) No 575/2013
Article 411 – point 6 – point c
Article 411 – point 6 – point c
Amendment 857 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a f – point g a (new)
Article 428 a f – point g a (new)
(ga) encumbered assets with a residual maturity of one year or more in a cover pool funded by covered bonds as referred to in Article 52(4) of Directive 2009/65/EC or covered bonds that meet the eligibility requirements for the treatment set out in Article 129(4) or (5).
Amendment 125 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(-1) in point (3) of Article 2(1), point (a) is replaced by the following: (a) auditors, and external accountants and tax advisors; ; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 127 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point iii a (new)
Article 2 – paragraph 1 – point 3 – point b – point iii a (new)
Amendment 131 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Article 1 – paragraph 1 – point -1 b (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point c a (new)
Article 2 – paragraph 1 – point 3 – point c a (new)
Amendment 133 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 c (new)
Article 1 – paragraph 1 – point -1 c (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) estate agents; -1c) in point (3) of Article 2(1), point (d) is replaced by the following: (d) estate agents and persons providing customers, through sale or rental, with the possibility to use freeports or similar arrangements; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 140 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 4
Article 2 – paragraph 4
(1a) in Article 2, paragraph 4 is replaced by the following: "4. For the purposes of point (a) of paragraph 3, Member States shall require that the total turnover of the financial activity does not exceed a threshold, which must be sufficiently low. That threshold shall be established at national level, depending on the type of financial activity." The threshold shall be reported to the European Commission and assessed in the risk analyses performed by the Commission and each Member States in accordance with Articles 6 and 7 of this Directive." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 142 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive 2015/849/EU
Article 3 – point 4 – point f
Article 3 – point 4 – point f
Amendment 145 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a a (new)
Article 1 – paragraph 1 – point 2 – point -a a (new)
Directive 2015/849/EU
Article 3 – point 4 – point f a (new)
Article 3 – point 4 – point f a (new)
Amendment 146 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a b (new)
Article 1 – paragraph 1 – point 2 – point -a b (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point i
Article 3 – point 6 – point a – point i
Amendment 158 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point ii
Article 3 – point 6 – point a – point ii
Amendment 162 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a b (new)
Article 1 – paragraph 1 – point a b (new)
Directive 2015/849/EU
Article 3 – point 6 – point b
Article 3 – point 6 – point b
(ab) in point (6), point (b) is replaced by the following "(b) in the case of trusts: (i) the settlor(s); (ii) the trustee(s); (iii) the protector(s), if any; (iv) the beneficiaries; or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates; (v) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means" . If any of the above categories (i) - (v) involves, instead of or in addition to natural persons, one or several legal entities, the beneficial owners of that entity, as defined in the paragraph above, shall in turn be considered as part of the beneficial owners of the trust." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 165 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a c (new)
Article 1 – paragraph 1 – point 2 – point a c (new)
Directive 2015/849/EU
Article 3 – point 9 – point f
Article 3 – point 9 – point f
(ac) in point (9), point (f) is replaced by the following: "(f) ambassadors, chargés d'affaires and high-ranking officers in the armed forces;" , intelligence and other security services;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 168 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a d (new)
Article 1 – paragraph 1 – point 2 – point a d (new)
Directive 2015/849/EU
Article 3 – point 9 – subparagraph 2
Article 3 – point 9 – subparagraph 2
(ad) in point (9), subparagraph 2 is replaced by the following: "No public function referred to in points (a) to (h) shall be understood as covering middle-ranking or more junior officials."" All categories in points (a) to (h) shall however be understood as also covering former holders of the listed public functions." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 174 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2015/849/EU
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
(2a) in Article 6(1), subparagraph 1is replaced by the following: The Commission shall conduct an assessment of the risks of money laundering and terrorist financing affecting the internal market and related to cross- border activities. , including between Member States and third countries. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 175 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2015/849/EU
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the risks associated with each relevant sector; 2b) in Article 6(2), point b is replaced by the following: (b) the risks associated with each relevant sector, including estimates of the monetary volumes of money-laundering for each of those sectors; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 176 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2015/849/EU
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(2c) in Article 6(2), point (c) is replaced by the following: (c) the most widespread means used by criminals to launder illicit proceeds. , including those particularly used in transactions between Member States and third countries, independently of the latter's classification as regards the list drawn up on the basis of Article 9 (2). Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 177 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2015/849/EU
Article 6 – paragraph 3
Article 6 – paragraph 3
(2d) in Article 6, paragraph (3) is replaced by the following: 3. The Commission shall make the report referred to in paragraph 1 available to the Member States and obliged entities in order to assist them to identify, understand, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders, including national legislators, the European Parliament, the ESAs, and representatives from FIUs to better understand the risks. Reports shall be made public six months after having been made available to Member States. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 178 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2015/849/EU
Article 6 – paragraph 4
Article 6 – paragraph 4
(2e) in Article 6, paragraph (4) is replaced by the following: 4. The Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the particular recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification of such a decision. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 180 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
Directive 2015/849/EU
Article 7 – paragraph 4 – point e a (new)
Article 7 – paragraph 4 – point e a (new)
Amendment 182 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Article 1 – paragraph 1 – point 2 g (new)
Directive 2015/849/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
(2g) in Article 7, paragraph 5 is replaced by the following: 5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States." , and shall publish them after a period of six months." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 187 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)
Article 1 – paragraph 1 – point 2 h (new)
Directive 2015/849/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
(2h) in Article 9, paragraph (1) is replaced by the following: 1. Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial system of the Unionr to public budgets of member states or the Union or have other laws or provisions in place with a similar effect ("high-risk third countries"), shall be identified in order to protect the proper functioning of the internal market. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 188 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 i (new)
Article 1 – paragraph 1 – point 2 i (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
(2i) in Article 9(2), the introductory part is replaced by the following: 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account strategic deficiencies, in particular in relation to: deficiencies both in law and actual administrative and commercial practice, in particular in relation to: Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 189 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 j (new)
Article 1 – paragraph 1 – point 2 j (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point i a (new)
Article 9 – paragraph 2 – point a – point i a (new)
Amendment 193 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 k (new)
Article 1 – paragraph 1 – point 2 k (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(2k) in Article 9(2), point b is replaced by the following: (b) the powers and procedures of the third country's competent authorities for the purposes of combating money laundering and terrorist financing; , including appropriately dissuasive and effective penalties and sanctions, as well as its practices in cooperation with competent authorities in member states or the Union; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 195 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 l (new)
Article 1 – paragraph 1 – point 2 l (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
Amendment 222 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2015/849/EU
Article 15
Article 15
Amendment 223 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive 2015/849/EU
Article 16
Article 16
Amendment 225 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2015/849/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(6a) in Article 18, paragraph 2 is replaced by the following: "2. Member States shall require obliged entities to examine, as far as reasonably possible, the background and purpose of all complex, unusually large transactions, and alltransactions that fulfil one of the following conditions: (i) they are complex transactions; (ii) they are unusually large transactions; (iii) the are conducted in an unusual patterns of transactions, which have no apparent economic or; (iv) they do not seem to have an entirely lawful purpose. In particular, obliged entities shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear suspicious." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 234 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 1 – subparagraph 2 (new)
Article 18 a – paragraph 1 – subparagraph 2 (new)
In addition to these enhanced CDD measures, obliged entities shall, for all their customers, report to the responsible FIU and competent authorities, including tax authorities, any transactions originating from or destined to high risk third countries.
Amendment 247 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2015/849/EU
Article 20 – point b – point ii
Article 20 – point b – point ii
(7a) in article 20(b), point (ii) is replaced by the following: "(ii) take adequate measures to establish the source of wealth and source of funds that are involved in the business relationship or transaction with such persons;" persons and spontaneously provide this information to the competent authorities of the person's countries of origin and residence. If there are grounds to believe that the person in question is or was involved in the illicit transfer of funds or the obliged entity is not capable of identifying the source of wealth or source of funds relating to the person, it shall automatically repeat the provision of information to the competent authorities of the person's countries of origin and residence in regular intervals of not more than five years;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 250 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2015/849/EU
Article 22
Article 22
(7b) Article 22 is replaced by the following: "Where a politically exposed person is no longer entrusted with a prominent function by a Member State or a third country or with a prominent function by an international organisation, obliged entities shall for at least 1236 months, be required to take into account the continuing risk posed by that person and to apply appropriate and risk-sensitive measures until such time as that person is deemed to pose no further risk specific to politically exposed persons." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 271 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
Amendment 278 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8
Article 30 – paragraph 8
(ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II. Those requirements shall be fulfilled by using a risk-based approach." When carrying out customer due diligence requirements, obliged entities shall however be required to report any discrepancy between central registers and information obtained directly through clients or other sources to competent authorities with a view to ensuring that central registers contain the most accurate, up-to-date and complete information possible." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 283 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to beand other specific terms laid down in national law, where the access referred to in point (b) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.
Amendment 299 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
Each Member State shall require that trustees of any express trusttrust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of: (a) the settlor(s); (b) the trustee(s); (c) the protector(s) (if any); (d) the beneficiaries or class of beneficiaries;, (e) any other natural person exercising effective control over the trust or being mentioned in the trust deed or related documents.
Amendment 302 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 2015/849/EU
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 305 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a b (new)
Article 1 – paragraph 1 – point 10 – point a b (new)
Directive 2015/849/EU
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 306 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2015/849/EU
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
Amendment 315 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1
Article 31 – paragraph 4 a – subparagraph 1
The following parts of the information held in the register referred to in paragraph 31a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or shall be publicly accessible: the name, the date of birth, the nationality, the country of residence and the nature and extent of the beneficial interest of the beneficial owner(s) as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accorgdanisation that can demonstrate a legitimate interestce with data protection rules and made possible in machine-readable and open format as defined in Directive 2013/37/EU.
Amendment 328 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)
Article 1 – paragraph 1 – point 10 – point d a (new)
Directive 2015/849/EU
Article 31 – paragraph 5
Article 31 – paragraph 5
(da) paragraph 5 is replaced by the following: "5. Member States shall require that the information held in the central register referred to in paragraph 41a is adequate, accurate and up-to-date." To the extent that there is doubt as to whether the information held in the central register is adequate, accurate and up-to-date and the person(s) identified are the actual beneficial owner(s) and the trust or trustee do not cooperate to clarify the information, or where the trust or trustee do not provide identity information of all natural persons meeting the criteria under paragraph 1 above, trusts should not be allowed to register in the central register." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 331 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)
Article 1 – paragraph 1 – point 10 – point d a (new)
Directive 2015/849/EU
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
(da) the following paragraph 5a is inserted: "5a. Trusts that are not registered in the central register should not be allowed to operate (i.e. hold bank accounts, engage in business transactions, hold or purchase assets, be enforceable under domestic laws and courts, etc.) within the territory of the Union. Existing registered trusts that do not update information, should be "inactivated": while their available information will be kept, they will be unable to operate within the territory of the Union as if they were unregistered trusts."
Amendment 332 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d c (new)
Article 1 – paragraph 1 – point 10 – point d c (new)
Directive 2015/849/EU
Article 31 – paragraph 6
Article 31 – paragraph 6
(dc) paragraph 6 is replaced by the following: "6. Member States shall ensure that obliged entities do not rely exclusively on the central register referred to in paragraph 4 to fulfil their customer due diligence requirements as laid down in Chapter II. Those requirements shall be fulfilled by using a risk-based approach." When carrying out customer due diligence requirements, obliged entities shall however be required to report any discrepancy between central registers and information obtained directly through clients or other sources to competent authorities with a view to ensuring that central registers contain the most accurate, up-to-date and complete information possible." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 335 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1
Article 31 – paragraph 7 a – subparagraph 1
In exceptional circumstances and under specific terms laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.
Amendment 344 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h
Article 1 – paragraph 1 – point 10 – point h
Directive 2015/849/EU
Article 31 – paragraph 10
Article 31 – paragraph 10
10. For the purposes of this Article, a trust is considered to be created, administered in each Member State where the trustees are established;or operated in a Member State where one or more of the following conditions are fulfilled: (a) it is created according to or governed by the law of the Member State or has its ultimate court of appeal in the jurisdiction of the Member State; (b) it is connected to the Member State by: (i) having one or more of the persons referred to in paragraph 1 or beneficial owners of the trust, as defined in Article 3(6)(b), resident in that Member State; (ii) holding real estate or other tangible assets in the Member State; (iii) holding shares or voting rights or ownership interest in a legal entity incorporated in that Member State; (iv) holding a bank or payment account in a credit institution situated in that Member State.
Amendment 353 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2015/849/EU
Article 32 – paragraph 7
Article 32 – paragraph 7
(aa) paragraph 7 is replaced by the following: "7. Member States shall ensure that the FIU is empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding, in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis automatically to the competent authorities. The FIU shall be empowered to take such action, directly or indirectly, at the request of an FIU from another Member State for the periods and under the conditions specified in the national law of the FIU receiving the request." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 354 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC, financial instruments as defined in Directive 2014/65/EU and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 368 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2015/849/EU
Article 32 b (new)
Article 32 b (new)
Amendment 372 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2015/849/EU
Article 34 – paragraph 2
Article 34 – paragraph 2
(13a) in Article 34, paragraph 2 is replaced by the following: "2. Member States shall not apply the obligations laid down in Article 33(1) to notaries, other independent legal professionals, auditors, external accountants and tax advisors only to the strict extent that such exemption relates to information they receive from, or obtain on, one of their clients, in the course of ascertaining the legal position of their client or performing their task of defending or representing that client in, or concerning, judicial proceedings, including providing advice on instituting or avoiding such proceedings, whether such information is received or obtained before, during or after such proceedings." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 375 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Directive 2015/849/EU
Article 37
Article 37
(13b) Article 37 is replaced by the following: "Disclosure of information in good faith by an obliged entity or by an employee or director of such an obliged entity, FIUs or other relevant public bodies in accordance with Articles 33 and 34 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the obliged entity or its directors or employees in liability of any kind even in circumstances where they were not precisely aware of the underlying criminal activity and regardless of whether illegal activity actually occurred." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 377 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)
Article 1 – paragraph 1 – point 13 c (new)
Directive 2015/849/EU
Article 38
Article 38
(13c) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity, FIUs or other relevant public bodies who report suspicions of money laundering or terrorist financing internally or to the FIU, are protected from being exposed to threats or any hostile action, and in particular from any adverse or discriminatory employment actions." . This protection shall also effectively comprise relatives or any other person with close links to the one that has reported the suspicion. Where there is reasonable ground to suspect that money laundering, associated predicate offences or terrorist financing, or an action with comparable risks for the public interest, have actually occurred and not been adequately dealt with by the obliged entity or the FIU, an individual, including employees and representatives of the obliged entity or employees of the FIU or other relevant bodies shall also be protected if these cases are exposed publicly. In such circumstances, protection shall entail reasonable financial support or compensation in addition to the elements listed in paragraph 1." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 385 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2015/849/EU
Article 44 – paragraph 2 – point d
Article 44 – paragraph 2 – point d
(15a) in Article 44(2), point (d) is replaced by the following: "(d) data regarding the number of cross- border requests for information that were made, received, refused and partially or fully answered by the FIU." , broken down by counterpart country." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 396 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2015/849/EU
Article 50 a – introductory part
Article 50 a – introductory part
Member States shall not prohibit or place unreasonable or unduly restrictive conditions onensure the exchange of information orand assistance between competent authorities. In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that:
Amendment 397 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2015/849/EU
Article 50 a – subparagraph 1 a (new)
Article 50 a – subparagraph 1 a (new)
The obligation to ensure effective, comprehensive and timely exchange of information with counterpart authorities shall apply to all types of exchanges including automatic, spontaneous and on request.
Amendment 403 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b a (new)
Article 1 – paragraph 1 – point 19 – point b a (new)
Directive 2015/849/EU
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
(ba) the following paragraph is added: 3a. The FIU of each Member State shall quarterly publish summary statistics on its collaboration and the exchange of information with other FIUs. This should at least include the number of requests sent and received, whether those have been successfully followed-up and concluded, the type of information received or requested, the economic sector and nationality of the entity or individual concerned and the overall as well as average amounts of money included in requests, if applicable.
Amendment 415 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Directive 2015/849/EU
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
(21b) In Article 59, the introductory part of paragraph 1 is replaced by the following: "1. Member States shall ensure that this Article applies at least to breaches on the part of obliged entities that are serious, repeated, systematic, or a combination thereof, of the requirements laid down in:"
Amendment 417 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)
Article 1 – paragraph 1 – point 21 c (new)
Directive 2015/849/EU
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
Amendment 420 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 d (new)
Article 1 – paragraph 1 – point 21 d (new)
Directive 2015/849/EU
Article 59 – paragraph 3 – point b a (new)
Article 59 – paragraph 3 – point b a (new)
(21d) in Article 59(3), the following point is inserted: '(ba) for cases that are serious, repeated, systematic, or a combination thereof the withdrawal of the authorisation to operate;'
Amendment 429 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 a (new)
Article 1 – paragraph 1 – point 24 a (new)
Directive 2015/849/EU
Annex II
Annex II
Amendment 434 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/101/EC
Article 1 a – paragraph 1 – point a
Article 1 a – paragraph 1 – point a
(a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive, save for those which are non profit-making;
Amendment 436 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/101/EC
Article 1 a – paragraph 1 – point b
Article 1 a – paragraph 1 – point b
(b) trusts which comprise any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit, and other types of legal arrangements having a structure or functions similar to such trustsare covered by Article 31 of Directive 2015/849/EU.
Amendment 437 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive 2009/101/EC
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
Amendment 442 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
The information shall at least consist of the name, the month and yeardate of birth, the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held.
Amendment 448 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and made possible in machine- readable and open format as defined in Directive 2013/37/EU.
Amendment 452 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 4
Article 7 b – paragraph 4
4. In exceptional circumstances and other specific terms laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure ofsuch access to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.
Amendment 165 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 4
Annex III – Part A – row 1 – column 4
Amendment 169 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 7 a (new)
Annex III – Part A – row 1 – column 7 a (new)
2mg/m3 until XXXX (3 years after entry into force)
Amendment 182 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 4
Annex III – Part A – row 5 – column 4
Amendment 185 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 5
Annex III – Part A – row 5 – column 5
Amendment 187 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 9 – column 4
Annex III – Part A – row 9 – column 4
0,103
Amendment 188 #
Amendment 189 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 12 – column 5
Annex III – Part A – row 12 – column 5
Amendment 190 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 12 – column 7 a (new)
Annex III – Part A – row 12 – column 7 a (new)
1 ppm until XXXX (3 years after entry into force)
Amendment 39 #
2016/0107(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Tax avoidance and tax evasion, along with profit-shifting schemes, have deprived governments and populations of the necessary resources to, among other things, guarantee universal free access to public education and health services and state social services, as well as depriving states of the possibility of ensuring a supply of affordable housing and public transport, and of building infrastructure that is essential in order to achieve social development and economic growth. In short, these schemes have been a factor of injustice, inequality and economic, social and territorial divergences.
Amendment 40 #
2016/0107(COD)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) A fair and effective corporate tax system should respond to the urgent need for a progressive and fair global tax policy, promote the redistribution of wealth and combat inequalities.
Amendment 44 #
2016/0107(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In recent years, the challenge posed by corporate income tax avoidance has increased considerably and has become a major focus of concern within the Union and globallyparticularly after the revelations concerning various tax scandals, corporate income tax avoidance has been on the agenda and has sparked strong and justified demands for governments, both nationally and within the framework of international cooperation, to take practical and effective action to put an end to this phenomenon. The European Council in its conclusions of 18 December 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and Union level. The Commission in its communications entitled ‘Commission Work Programme 2016 - No time for business as usual’16 and ‘Commission Work Programme 2015 - A New Start’17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation. The Commission also identified as a priority the need to respond to our societies’ call for fairness and tax transparency. Despite all the intentions expressed, however, there is an urgent need for action. __________________ 16 COM(2015) 610 final of 27 October 2015. 17 COM(2014) 910 final of 16 December 2014.
Amendment 67 #
2016/0107(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Tax policy plays a central role in the redistribution of wealth. Enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate responsibility, to contribute to the welfare through taxes, to promote fairEuropean Union Member States is an essential element to put pressure on those under tax competition within the Union through a better informed public debate and to restore public trustkings not to evade their obligations to society in the fairnessield of the naxational tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established.
Amendment 78 #
2016/0107(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the UnionEuropean Union Member States. For groups which carry out activities within the UnionEuropean Union Member States only through subsidiary undertakings or branches, subsidiaries and branches should also publish and make accessible the report of the ultimate parent undertaking. However for reasons of proportionality and effectiveness, ta report. The obligation to publish and make accessible the report should be limited to medium-sized or largeapplies to all subsidiaries established in the Union, or branchEuropean Union Member States, ofr a comparable sizell branches opened in a Member State. The scope of Directive 2013/34/EU should therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the UnEuropean Union and which has a consolidated net turnover exceeding EUR 40 million.
Amendment 124 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
The report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication. published, by six months after the closure of accounts for the tax year in question, in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the EU. On the same date, the undertaking shall also file it in a public online registry; that registry shall be managed by the tax authority of the Member State applying the rules laid down in the first subparagraph of this paragraph.
Amendment 145 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
The report on income tax information shall be published, by six months after the closure of accounts for the tax year in question, in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking in at least one of the official languages of the EU. On the same date, the undertaking shall also file that report in a public online registry; that registry shall be managed by the tax authority of the Member State applying the rules laid down in the first subparagraph of this paragraph.
Amendment 152 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
The report on income tax information shall be made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertakingpublished, by six months after the closure of accounts for the tax year in question, in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertaking. On the same date, the undertaking shall also file the report in a public registry managed by the tax authority of the Member State applying the rules laid down in the first subparagraph of this paragraph.
Amendment 169 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point a
Chapter 10 a – Article 48 c – paragraph 2 – point a
(a) a brief description of the nature of the activities carried out by each entity, together with a breakdown of the respective areas of business, functions and geographical location;
Amendment 176 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b
Chapter 10 a – Article 48 c – paragraph 2 – point b
(b) the number of employeesworkers on the undertaking’s staff on a full-time equivalent basis and workers who, although not on the undertaking’s staff, are leased on a full-time equivalent basis, and a breakdown of the allocation of workers by area of business and function;
Amendment 180 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b a (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b a (new)
(ba) staffing costs, by entity, broken down between wages and salaries, social security costs, pension costs and staff leasing costs;
Amendment 181 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b b (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b b (new)
Amendment 182 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
Amendment 187 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b d (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b d (new)
(bd) sales and purchases carried out by each entity with related parties and with unrelated parties;
Amendment 200 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(ga) interest and expenses and/or similar income, with a breakdown of the amounts to be paid and/or received from related parties;
Amendment 204 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point g b (new)
Chapter 10 a – Article 48 c – paragraph 2 – point g b (new)
(gb) the amount paid and/or received in royalties, including a distinction between that made with related parties and that made with unrelated parties;
Amendment 30 #
2016/0070(COD)
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,
Amendment 52 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerfair business climate as well as respect for the rights of workers and the improvement of working conditions.
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherrevise the Posting of Workers Directive stillin order to ensure it strikes the right balance between the need to promote the freedom to provide services andensure a fair business climate as well as the need to protect the rights of posted workers.
Amendment 92 #
2016/0070(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Directive is to guarantee the protection of workers and ensure a fair business climate across the EU by safeguarding the principle of equal pay for equal work at the same place of work.
Amendment 93 #
2016/0070(COD)
(5b) In the event no substantial employment relationship can be identified in the listed country of establishment, the applicable terms and conditions of employments should be those of the host Member State, unless these are less favourable to the worker than those of the country of establishment, in which case the latter should apply.
Amendment 94 #
2016/0070(COD)
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5c) The right to collective bargaining and the right to take collective actions, including the right to strike, are fundamental rights recognised in Member States and at Union level. This directive guarantees the exercise of these rights.
Amendment 116 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in the applicable terms and conditions of employment should be those established by the host Member State in accordance with national law and/or practices, without prejudice to terms and conditions of employment which thare wmork is carried oute favourable to the worker. In accordance with the principle of Rome I Regulation, the law of the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationagreement under the law or collective agreements of the host Member State. This should apply from the start of the posting assignment.
Amendment 136 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justifican be restricted by overriding reasons in the public interest and must bethat proportectionate and necessary of workers constitutes such an overriding reason of public interest, including pay clauses in public procurement.
Amendment 144 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The race to the bottom only on prices would undermine and destroy the systems of collective bargaining.
Amendment 159 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation ofthe transport sector, the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addresssupplemented through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal roadworking environment and conditions in the transport marketsector.
Amendment 166 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 187 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of serv, including the definition of, remuneration in accordance with national law and/or practices.
Amendment 214 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicableand/or collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish, in accordance with national law and practice, the constituent elements of remuneration, on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 225 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In accordance with the ILO Recommendation No 198 on the Determination of Employment Relationships, the determination of the existence of such a relationship should be guided primarily by the facts relating to the performance of work and the remuneration of the worker, notwithstanding how the relationship is characterized in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties.
Amendment 234 #
2016/0070(COD)
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross- border provision of services.
Amendment 264 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(–1) In Article 1, paragraph 3, point (b) is amended as follows: "(b) post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided it concerns a genuine provision of service and there is an employment relationship between the undertaking making the posting and the worker during the period of posting; or"
Amendment 266 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(–1) in Article 1, paragraph 3, point (c) is replaced by the following: (c) being a temporary employment undertaking or placement agency, hire out a worker oto a user undertaking established or operating in the territory of a Member State, provided that: – there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting; and – the worker temporarily carries out a task in a Member State other than the one in which he or she usually works, in accordance with Article 4(3) of Directive 2014/67/EC.
Amendment 267 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(–1) In Article 1, paragraph 3, point c) is amended as follows: "(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided there is an genuine employment relationship between the temporary employment undertaking or placement agency and the worker during the period of postingat least 3 months prior to and during the period of posting and provided the worker temporarily carries out work in a Member State other than in the habitual place of work in accordance with Article 4(3) of Directive 2014/67/EU."
Amendment 272 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
(–1) In Article 1, the following paragraph 4a is added: 4a. This Directive is without prejudice to the competence of the Member States to apply or introduce laws, regulations or administrative provisions, which are more favourable to workers, or to permit or promote the application of collective agreement provisions, which are more favourable to workers.
Amendment 283 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-fourhree months
Amendment 297 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When tThe anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outshall not exceed three months.
Amendment 306 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. In case of prima facie evidence, which justifies doubts about a genuine self-employed worker, the concerned worker shall be deemed a posted worker. In case of prima facie evidence, which justifies doubts about a genuine posted worker or a genuine posting company, the concerned worker shall be deemed a worker of the host member state.
Amendment 310 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. The anticipated or the effective duration of posting shall not exceed three months. Where the posting period expires, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 312 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. The applicable terms and conditions of employment shall be those of the Member State to whose territory the worker is posted. This is without prejudice to terms and conditions of employment that are more favourable to the worker.
Amendment 330 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or similar tasks at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 355 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. According to the principle of equal pay for equal work at the same place of work, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory at least the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down:
Amendment 359 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8:
Amendment 362 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point a
Article 3 – paragraph 1 – indent 2 – point a
(a) maximum work periods and minimum rest periods, including specific measures regarding night work, work performed during weekends and holidays and work performed in shifts;
Amendment 382 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) allowances associated with the posting and/or reimbursement of expenditures on travel, board and lodging.
Amendment 398 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration shall be defined by national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 458 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non–discriminatory and proportionate basisshall, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory. This shall not preclude the application of stricter national rules or the introduction of such rules
Amendment 465 #
2016/0070(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 96/71/EC
Article 3 – paragraph 1a a (new)
Article 3 – paragraph 1a a (new)
(ba) The following paragraph is added: 1aa. The principle of joint and several liability of the employer is applicable along the whole subcontracting chain.
Amendment 480 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(ca) the following paragraph 7a is added: 7a. In case the employer deduces costs related to posting, such as housing, board and transport costs from the remuneration of the posted worker, the posted worker has the right to claim these costs from the employer at the appropriate court. The same right exists for a worker who is deemed a posted worker or is deemed a worker of the host member state
Amendment 481 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7a (new)
Article 3 – paragraph 7a (new)
(ca) the following paragraph 7a is added: 7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other collective actions, or the right to collective bargaining in accordance with national law and/or practice.
Amendment 486 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 96/71/EC
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 490 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. Prior to posting, the posting company shall transmit information regarding the posting to the competent authority of the Member State to whose territory the worker will be posted. Information shall include inter alia the name of the posted worker, the name of the posting company, the tasks and duties of the posted worker, the place of work, the name of the company where the work is to be carried out, the first day of work and the planned duration of the posting.
Amendment 495 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.paragraph 10 is amended as follows: 10. This Directive shall not preclude the application by Member States, in complior in accordance with the Treaty, to national undertakings and to the undertakingspractice of other States, on a basis of equality of treatment, of: – social partners, terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1Article 3 (1) in the case of social and public policy provisions, – terms and conditions of employment laid down in the collective agre and/or to comply with obligations under international conventions, including provisions for the improvements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexf the protection of workers, equal treatment and the prevention of abusive practices and circumvention of terms and conditions of employment.
Amendment 499 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
(ea) after paragraph 10 the following paragraph 10a is added: 10a. Social and public policy provisions include inter alia pay clauses in public procurement.
Amendment 509 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) in article 4, after paragraph 2 the following paragraph is added: 2a. The Member States' labour inspectorates shall establish a regular exchange of information about posting coordinated by the Platform for Undeclared Work.
Amendment 514 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 516 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/71/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
(2b) in Article 5 paragraph 2 is replaced by the following: They shall in particular ensure that adequate procedures are available to workers and/or theirworkers' representatives for the enforcement of obligations under this Directive."
Amendment 517 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 96/71/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2c) in Article 5 after paragraph 2 the following paragraph 2 a is added: 2a. In the event a posted worker or a posting undertaking do not meet the conditions to be a posted worker or a posting undertaking, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 85 #
2015/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that differences exist between the EU and Iran on the use of the death penaltythere are considerable differences between the EU and Iran on the use of death penalty; reiterates its long-standing opposition to the death penalty in all cases and under all circumstances and emphasises once again that the abolition of the death penalty is a key objective of EU human rights policy; highlights that, according article 3(5) TEU in its relations with the wider world, the Union has a duty to contribute to the protection of human rights, the strict observance of international law and the respect for the principles of the UN Charter; remains fully convinced that death sentences are not a solution and in no way discourage, nor act as a deterrent to drug trafficking or preventing individuals from falling victim to drug abuse; nevertheless believes cooperation on anti-narcotics programmes and on the question of juvenile executions, in line with Iran’'s own commitments, could provide a common agenda for addressing this question;
Amendment 113 #
2015/2274(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the fact that eliminating the death penalty for, at least, crimes not considered the "most serious", such as drug- related offences would drastmight help to significalntly reduce the number of executions (up to 80 % according to Iranian estimates); calls for EU-Iran cooperation in the fight against drugs as a way of addressing the issue of executions in the countryto integrate all necessary human rights safeguards and be conditioned on the abolition of the death penalty for drug crimes; calls on the Commission to provide technical assistance and administrative capacity- building for Iran to enable it to secure its borders with Afghanistan and Iraq;
Amendment 163 #
2015/2274(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls the impact that extraterritorial US sanctions, in particular US-related sanctions on banks, have on businesses willing to invest in Iran; insists on the need to address this and other financial matters to create the necessary conditions for businesses to prosper in Iran and contribute to Iranians feeling relief from sanctions in their everyday lives; recalls the increasing concerns expressed in several resolutions and declarations adopted by United Nations entities, human rights bodies, including the Commission on Human Rights, as well as the Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, particularly their negative impact on the human rights of the civilian population of Iran; highlights the significant adverse effect on the country's economy, its population and ultimately on the enjoyment of human rights of the people of Iran, including its right to food, its right to health and its right to development;
Amendment 377 #
2015/2274(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes with concern that Iran has the highest level of death-penalty executions per capita in the world; stresses that eliminating the death penalty forreiterates with concern most of the executions are carried out for crimes that do not qualify as the "most serious", such as drug- related offences; calls upon the government of the Islamic Republic of Iran to abolish, in law and in practice, executions, which are contrary to the 2008 prohibition of this practice by the former head of the judiciary, and executions carried out in violation of its international obligations or in the absence of respect for internationally recognized safeguards, including executions undertaken without notification to the prisoner's family members or legal counsel; calls on the on the Commission and the European External Action Service (EEAS) to explore the possibility of working in partnership with international organisations, especially UN mechanisms, and Iran with a view to enhance the dialogue on human rights; stresses that eliminating the death penalty for crimes not considered the "most serious", such as drug- related offences would dramatically decrease the number of executions; welcomes, in this regard, the possibility that the newly-elected Majlis is considering legislation to exclude some drug-related offences from the list of crimes punishable with the death penalty;
Amendment 400 #
2015/2274(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the fact that the adoption of the 2013 Islamic Penal Code and Iran’'s ratification of the UN Convention on the Rights of the Child prohibits child executions and allows all juvenile offenders sentenced to death prior to 2013 to seek retrial; calls on Iran to ensure this prohibition is fully implemented and that all relevant offenders are made aware of this right; calls on Iran, in accordance with UN General Assembly Resolutions 62/149 and 63/138, to declare a moratorium on the death penalty, at least for juvenile offenders, pending the abolition of the capital punishment;
Amendment 426 #
2015/2274(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Iran to live up fully to its commitments under the Constitution of the Islamic Republic of Iran, the International Covenant on Political and Civil Rights and the International Covenant on Economic, Social and Cultural Rights by ensuring in law and in practice the enjoyment by its citizens of individual, social and political rights without discrimination as to sex, language, religion, political or other opinion, national or social origin, or other status, as provided for in these instruments; points out that this includes a basic right to equality before the law, as well as the right of equal access to all levels of education, health care and professional opportunities;
Amendment 433 #
2015/2274(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls upon the Government of the Islamic Republic of Iran to eliminate, in law and in practice, the ongoing severe limitations and restrictions on the right to freedom of thought, conscience, expression, opinion, religion or belief, peaceful assembly and association, and the restrictions on the establishment of places of worship, as well as attacks against places of worship and burial, as well as other human rights violations, including but not limited to harassment, intimidation, persecution, and incitement to hatred that lead to violence against persons belonging to recognized and unrecognized religious minorities, including Christians, Jews, Sufi Muslims, Sunni Muslims, Zoroastrians as well as members of the Baha'i faith and their defenders, and calls on the Government of the Islamic Republic of Iran, and to eliminate, in law and in practice, all forms of discrimination, including the closure of businesses, and other human rights violations against persons belonging to recognized and unrecognized religious minorities;
Amendment 444 #
2015/2274(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Urges the Government of the Islamic Republic of Iran to address national and international concerns related to the administration of justice and the need for additional legal reform, by taking measures to ensure procedural guarantees and fair trial standards of law, including timely access to legal representation of one's choice, the right to public hearing before an independent judiciary, which presumes the innocence of the accused and protection for juvenile offenders, the right not to be subjected to arbitrary arrest and detention, the right not to be subjected to torture, cruel and inhuman or degrading treatment or punishment, starting with the ratification and implementation of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and its Optional Protocol, and consideration of bail and other reasonable terms for release from custody pending trial;
Amendment 451 #
2015/2274(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls upon the Government of the Islamic Republic of Iran to ensure protection for women and girls against violence, to address the alarming incidence of child, early and forced marriage, to recognize the high enrolment of women in all levels of education, to lift restrictions on women's equal access to all aspects of education and women's equal participation in the labour market and in all aspects of economic, cultural, social and political life;
Amendment 454 #
2015/2274(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Reiterates the importance of media freedom and independence as one of the core EU values; regrets, in this context, that in the index compiled by Reporters Without Borders the country was ranked 169th out of 180 in 2016;
Amendment 455 #
2015/2274(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29e. Urges the government of Iran to fully cooperate with the international Human Rights bodies on the basis of the recommendations of the UN and the Universal Periodic Review (UPR) by enabling international human rights organisations to carry out their missions; highlights the Iranian government increased engagement with UN special procedures through dialogue; calls upon the Iranian government to also facilitate the UN-appointed Special Rapporteur work by granting him an unconditional entry visa;
Amendment 17 #
2015/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Banking Union (BU) is an indispensable component of a monetary union and a fundamental building block of a genuine economic and monetary union (EMU);
Amendment 27 #
2015/2221(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the BU is instrumental to ensuring stability and restoring confidence in euro area banks, enhancing financial integration, fostering risk sharing within the monetary union and contributing to breaking the link between sovereigns and banks at national level in order to avoid a socialisation of private debt by financial institutions;
Amendment 36 #
2015/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the SSM is the first pillar of the BU and should aims to ensure a uniform and homogeneous supervision of euro area banks, createtaking into account the uneven framework of the European construction derived from the international division of labour between core and peripheral regions, creating a level playing field in the banking market, and contributeing to the safety and soundness of credit institutions and the stability of the financial system;
Amendment 44 #
2015/2221(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the SRM is the second pillar of the BU and should aims to ensure uniform rules and procedures and a common decision- making process for orderly resolution of failing banks with minimum impact on the real economy and public finance throughout Europe;
Amendment 57 #
2015/2221(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the current economic crisis was largely caused by the financial industry where many actors have become too-big and too-interconnected-to fail and had to be bailed-out with public funds; in contrast to any market-economy logic, losses were socialised and profits privatised; not only did this send national economies spiralling downwards and set off a public debt crisis, it also led to a regime of harsh austerity policies, imposed by EU institutions and the IMF as conditions for loans;
Amendment 58 #
2015/2221(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the key role of financial institutions is to channel savings into productive investments and to guarantee the socioeconomic function of credit, the invention of various toxic financial instruments and dubious business practices - which for example set exorbitantly high profit targets - has increased volatility and short-term orientation on the financial markets with negative effects on societies and economies; it is therefore imperative to shrink the financial sector to its core functions; hence, institutions that have reached a size and level of interconnectedness which is likely to pose a systemic threat to the functioning of the economies of single Member States or the Union as a whole should be downsized and separated;
Amendment 59 #
2015/2221(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas a proper Structural Reform of Banks which separates trading activities from retail banking and downsizes banks is key to the resolvability of banks and hence the credibility and efficiency of the BU;
Amendment 60 #
2015/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 67 #
2015/2221(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the attempt to put in place a European banking supervisory mechanism while being concerned about the conflict of interest entailed in the ECB being a supervisor and a lender of last resort;
Amendment 70 #
2015/2221(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that the establishment of the SSM is much too recent and does not allow for a full evaluation both from an operational point of view and in terms of supervisory quality;
Amendment 74 #
2015/2221(INI)
Motion for a resolution
Paragraph 2 – point a
Paragraph 2 – point a
(a) the recruitment process, which resulted in a good blend of competences, cultures and gender, thus contributing to the supranational nature of the SSM, and the thorough training activity programme for national competent authorities (NCAs) and ECB staff; regrets, however, that the professional background of the recruited staff gives rise to conflict of interest in terms of prior service to financial industry;
Amendment 91 #
2015/2221(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes with satisfaction that the ethics rules of the ECB have been reviewed but underlines the need for further development in the light of the expanded mandate of the ECB which requires stronger rules on conflict of interests and safeguards against undue influence of financial industry on staff as well as members of the governing bodies;
Amendment 92 #
2015/2221(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Demands that the President of the European Central Bank immediately steps down from his seat in the Group of Thirty (G30); believes that the ECB President, Mario Draghi, is guilty of conflict of interest as his role as supervisor of all large banks in the Eurozone is incompatible with his association with private market players;
Amendment 96 #
2015/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the need to avoid double reporting requirements and more generally an unnecessary administrative burden on credit institutions, in particular smaller banks;
Amendment 122 #
2015/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that economic recovery is underway but is still fragile and modest, inflation remains below its target, credit dynamics are still subdued in many jurisdictions and a large stock of non- performing loans weighs on many European banks’ balance sheets, limiting their capacity to finance the economy;
Amendment 139 #
2015/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the worldwide drive towards more and better quality bank capital is a necessary condition for a sound banking system capable of supporting the economy and for avoiding any repeat of the enormous bailouts witnessed during the crisis; considers therefore the Commission's proposal for a Capital Market Union and its attempt to revitalize securitization to be counterproductive as contributing to greater systemic risk and volatility in financing conditions;
Amendment 151 #
2015/2221(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that an increase in capital requirements, beyond a certain threshold, may in the short term induce banks tousterity policies which hamper investment and credit demand as well as a lack of capital and non- performing loans weighing on banks’ balance sheets may curtail the supply of credit, and therefore looks forward to an end of austerity policies and the overall stabilisation of the level of capital;
Amendment 179 #
2015/2221(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of the work that has been undertaken on the homogenisation of the calculation of risk- weighted assets, which is pivotal for comparability purposes, and on the review of internal models for the calculation of banks’ capital requirements, and considers progress in this area, for all portfolios, crucial in order to preserve the effectiveness and credibility of banking supervision in the euro area; calls for regular evaluations of the application of the capital requirements in order to avoid loopholes in the calculation of risk- weighted assets;
Amendment 187 #
2015/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that appropriatmore attention should be paid to increased exposure in the form of off-balance sheet items, in particular for global systematically important banks (G- SIBs);
Amendment 191 #
2015/2221(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the important role played by the SSM during the Greek crisis in monitoring the condition of the country’s banking sector, in conducting a comprehensive assessment of the significant Greek institutions and in contributing to the determination of the recapitalisation needs; condemns the SSM decision to limit Greek banks' exposure to Greek sovereign debt, thus increasing the danger of state bankruptcy, a decision which contributed to the systemic instability and which appeared as a political decision to add pressure to the Greek government in the context of the negotiations, in a breach of the political neutrality principle which should govern this institution;
Amendment 194 #
2015/2221(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks the Commission to conduct and make public an evaluation of the decision-making procedure which led the Troika, in the implementation of the last Memorandum of Understanding signed with Greece, to require savings up to 25 billion EUR for the recapitalization of Greek banks, while the SSM, which role is to assess such needs, stated on 31 October 2015, that the recapitalization needs, in a baseline scenario, were up to 4.4 billion EUR, and the most risky scenario, up to 14.4 billion EUR;
Amendment 198 #
2015/2221(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that the ECB’s supervisory strategy, while avoiding any differentiation along national lines, should reflect and safeguard pluensure decentralism ofed banking models across the EU;
Amendment 212 #
2015/2221(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. WelcomNotes the efficient and open way in which the ECB has so far fulfilled its accountability obligations towards Parliamentscope for improvement in the fulfilment of the ECB's accountability obligations towards Parliament with regard to providing more specific information on prudential supervision of banks and calls upon the ECB to continue to fully engage in this regard and to further contribute to improving Parliament’'s capacity to assess SSM policies and activities;
Amendment 222 #
2015/2221(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers that the ECB Annual Report on supervision should contain actual numbers on 'on-site inspections', 'internal model investigations' and a description of the subject and result of these inspections; and calls for target numbers on inspections and investigations for the coming year to be published as well;
Amendment 226 #
2015/2221(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Believes that the SSM will not be able to conduct effective banking supervision due to the EU's watered down version of Basel III which is already insufficient; calls therefore on the Commission to create more ambitious regulation within the Union, and to allow Member States to adopt more ambitious regulation should they wish to do so;
Amendment 230 #
2015/2221(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the efficientNotes the setting up of the Single Resolution Board (SRB) and the establishment of the national resolution authorities (NRAs) in the Member States;
Amendment 231 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that 4.5 trillion EUR of public money and guarantees were made available to bailed out banks; believes that all measures to avoid bail out of private banks with public money must be taken; deems that any capital injection given in the past should be turned into golden shares and the loans granted by other banks counted in the liability of the balance sheet should turn into preferred stock or shares as well. The purpose is to change the practices of the banking system, increasing the participation of a public banks network under social control, and reinforcing the capitalization rate to recover the viability and solvency of the banking system to put it in favour of social interest;
Amendment 232 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Believes that in principle banks should be allowed to fail and go bankrupt. This requires a complete ban on the existence of banks that are too-big-to-fail;
Amendment 233 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Regrets therefore that banking regulation at national and European level continues to allow for the existence of Systemically Important Financial Institutions (SIFI) despite their central role in causing the financial crisis and its global contagion;
Amendment 234 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Believes that the existence of SIFIs not only makes it impossible to allow the banks to go bankrupt, it makes them very difficult if not impossible to resolve. Many actors are still 'too-big-to fail' and 'too- interconnected-too-fail' and 'too-complex- to-resolve'. None of these problems have been remotely addressed by the SRM;
Amendment 235 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Believes that the European banking sector is as concentrated as it ever was; believes therefore that the BU has failed to break the link between banks and sovereigns;
Amendment 236 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Believes it is highly necessary to separate banking activities: on one hand retail banking and on the other investment banking. Furthermore, the shadow banking system has to be duly identified and regulated preventing all the irregular banking practices (leveraged buy out, abusing of transfer prices, decapitalisation of viable companies, etc.);
Amendment 237 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Believes the SRM itself encourages a greater concentration of too-big-to-fail actors in the European banking sector. The sale of business tool allows megabanks to grow even bigger by taking over ailing banks at bargain basement prices - rather than the long term value of the asset. The result of consolidation will be even more concentration and even bigger banks;
Amendment 238 #
2015/2221(INI)
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Believes that in those cases where a public intervention is the only option left to ensure macroeconomic stability, the intervention should be in a manner in which public money is not lost but is used to create a new public bank network, under a sound management but not looking for the maximum profit. The starting point should be the bailed out banks and their solvent assets with the financial support of the ECB and under social and democratic control;
Amendment 240 #
2015/2221(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Highlights the importance of establishing efficient cooperation between the SRB and the NRAs for the smooth functioning of the SRM; considers the organisational model established by the SSM through the JSTs to be a good basis for organising cooperation within the SRM;
Amendment 254 #
2015/2221(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls for further regulation of banking products and their respective interest rates as well as complementing prudential regulation by asset based reserve requirements, limits to those investors being hidden as false creditor in order to avoid shareholder's risk when they behave in fact as them, and specifically the shadow banking sector in order to reduce complexity of financial markets and improve monetary transmission;
Amendment 268 #
2015/2221(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on Member States to fully and swiftly implement the Bank Recovery and Resolution Directive (BRRD) and the intergovernmental agreement (IGA) on transfer and mutualisation of contributions to the Single Resolution Fund; regrets the decision to set up the fund through an IGA rather than through Union law;
Amendment 287 #
2015/2221(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses the need, as a consequence of the existence of the national compartments in the SRF, to rapidly put in place an adequate bridge financing mechanism in order to provide the fund, if necessary, with sufficient resources in the period before its completion; recalls that the Eurogroup and the Ecofin ministers identified, in their statement of 18 December 2013, the possibility of having recourse to both national sources and the European Stability Mechanism (ESM), and considers the latter the most effective and credible solution, which could be implemented either through a swift revision of the ESM treaty or through appropriate implementation of the provisions of Article 13 thereof; believes however that the ESM - which has been set up with money from taxpayers - should not be used to recapitalise private banks;
Amendment 292 #
2015/2221(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that ESM funds come with harsh austerity which in the end will be passed on to citizens, contradicting any attempt to break the link between banks and sovereigns;
Amendment 295 #
2015/2221(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 306 #
2015/2221(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Recalls that the credibility of the BU, and in particular of bail-in and single resolution provisions, requires a common backstop in order to be able to support the SRF, if necessary, beyond its capacity of EUR 55 billion, and considers that its setting-up should start swiftly and be based on the ESMmuch greater contributions to the SRF from the banking sector itself. Taking into account the costs of the financial crisis, the current target of EUR 55 billion is grossly insufficient. Banks should also speed up the process and make the full amount available much earlier than 2023;
Amendment 39 #
2015/2210(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeDoubts the fact that economic recovery is slowly gaining ground, withdespite forecasts predicting GDP in the euro area expected to rise by 2.1% in 2016; notes with concern, however, that even in Member States experiencing export let growth, its foundations are fragile, mainly owing to the EU's underlying structural weaknesses and resulting low international competitivenespolicies suppressing domestic demand and increasing economic problems in China and other countries;
Amendment 56 #
2015/2210(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 67 #
2015/2210(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 93 #
2015/2210(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that many Member States, in particular in the eurozone, are faced with similar macroeconomic challenges, including most importantly high debts and low investexternal and public debts, high unemployment and low investment; deplores the insistence of the Eurogroup on austerity policies harming both investment and employment;
Amendment 100 #
2015/2210(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the persistently high unemployment rates across most Member States, in particular the youth and long- term unemployment rates; stresses the need to reform national labour markets in order toduce precariousness and raise internal demand; stresses the need for public investment programs to restart growth and increase job creation rates;
Amendment 134 #
2015/2210(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that further fiscal consolidation is still needed in many Member States in order to comply with the conditions of the Stability and Growth Pact (SGP)which austerity policies have led to extremely high levels of public debt; notes the Commission's interpretative communication on flexibility in the SGP, aimed at clarifying the scope of the investment clause and allowing for a certain degree of temporary flexibility in the preventive arm of the SGP;
Amendment 152 #
2015/2210(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance offact that current lack of investment is due to suppressed demand; notes that access to finance for enterprises, in particular for small and medium-sized enterprises (SMEs), which constitute the backbone of the EU economy; points out the failure of currently low interest rates to boost investment is available in most Member States;
Amendment 206 #
2015/2210(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fall in the number of Member States subject to the Excessive Deficit Procedure (EDP), from 11 in 2014 to 9 in 2015; notes, however, that the number is still relatively high, and reiterates its call for a shift in the Country Specific Recommendations (CSRs) to be, where relevant, better coordinated with the EDP recommendations so as to ensure consistency between surveillance of the fiscal position and economic polward growth and job-friendly policies and a larger reliance on national government's democraticy coordinationhoices;
Amendment 212 #
2015/2210(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the need to adopt policies that enhance growth and employment and considers that fiscal consolidation is a secondary objection; stresses that for Members States suffering from excessive debt burdens, public debt needs to be restructured through extending maturities, lowering interest rates and haircuts;
Amendment 234 #
2015/2210(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the role of strong unions and labour protection laws in safeguarding employment and enhancing wage growth; calls for a shift away from consumption taxes to wealth taxes;
Amendment 244 #
2015/2210(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores the fact that the CSRs suffer from lack of ownership at national level and from a democratic accountability mechanism; calls, in this context, for an increased role for national parliaments in the preparatheir substitution ofby the National Reform Programmes (NRPs) prepared and approved by national parliaments; stresses that increased ownership is a crucial factor for the successful implementation of the CSRsany reform agenda and, in the longer term, for the success of the Europe 2020 strategy;
Amendment 257 #
2015/2210(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 271 #
2015/2210(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the destructive impact of high debprivate debt and unemployment levels on economic growth in the EU; recalls that these stem structural flaws of the Eurozone and the resulting current account gaps; calls on the Commission to explore innovative ways of speeding up and lessening the negative impactdisastrous economic and social consequences of deleveraging in the banking, and private and public sectorssectors and enhance public investment;
Amendment 2 #
2015/2205(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note that a high level of cancellations of carry-overs from previous years was noted by the Court of Auditors only in eight cases; observes that such carry- overs indicate that the appropriations carried over were made on the basis of over-estimated needs or were otherwise not justified; urges these agencies to take action to avoid this issue in future; acknowledges from the Network that the level of cancellation is indicative of the extent to which the agencies have correctly anticipated their financial needs and is a better indicator of good budgetary planning than the level of carryovers; acknowledges from the Network that the agencies concerned have implemented various measures to improve their budgetary monitoring systems and address this issue;
Amendment 4 #
2015/2205(DEC)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Expresses its concern towards those Agencies which are partly financed by fees paid by industry, whereas these financial ties may affect their independency; calls upon all Agencies to install measures that safeguard the independency of their internal and external policies;
Amendment 8 #
2015/2205(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note of the Network's opinion regarding the merging of Agencies; recalls the remit of the Inter-Institutional Working Group on decentralized agencies to consider efficiencies in this regard; encourages the Network to initiate a long term impact analysis on the merging of EU decentralized Agencies that operate in the same broad policy domain or perform similar tasks;
Amendment 10 #
2015/2205(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that paragraph 27 of the interinstitutional agreement6 calls for a progressive reduction of staff by 5 % in all institutions, bodies and agencies to be effected between 2013 and 2017; welcomes the fact that most agencies have already met or exceeded the 5 % reduction based on their respective 2012 establishment plans; recalls that the Commission started to implement the 5 % reduction in its 2013 establishment plan, basing the calculation on the level of posts in 2012; deeply regretstates that the Commission applied an additional levy of 5 % of staff to the agencies in order to create a redeployment pool from which it would allocate the posts to the agencies with new tasks entrusted to them or in a start-up phase; acknowledges from the Network that with the additional levy, fulfilmentcalls upon the Commission to run a SWOT analysis ofn the aAgencies’, taking into account their mandates and annual work programmes, is proving increasingly difficult; calls on the Commission to look into other options to make these posts available, in order not to hinder the agencies' ability to fulfil their mandaten order to come to an informed decision which Agencies need more staff and which do not; __________________ 6 Interinstitutional agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).
Amendment 18 #
2015/2205(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls upon all European Agencies to use the framework to be created by the new Inter Institutional Agreement on a Mandatory Transparency Register and use it as a guiding instrument for their interaction with organisations and self- employed individuals engaged in EU policy-making and policy implementation in order to create more transparency on lobby activities;
Amendment 19 #
2015/2205(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the principle of “value for money” and “EU added value” also holds for agencies while ensuring that citizens are well informed of the results of the agencies’ activities; notes that achieving results is important; emphasizes that many Agencies do not explicitly include in their annual reports information on the effectiveness and efficiency of their activities in an accountable manner; reiterates that it is important for the Network to become a member of the new Inter-institutional Working Group on Performance in order to reach a common understanding of performance-based and results-oriented budgeting principles, as well as to identify possible improvements to the performance models currently applied in the agencies; requests that the Court of Auditors provide an evaluation of the agencies' performance and results in time for the review of the 2016 Multiannual Financial Framework;
Amendment 6 #
2015/2175(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that only one-third of the budget of the Agency comes from the public sector and the other two-third from the industry; expresses its concern as these financial ties with the industry might affect the independence of the Agency; calls upon the Agency to build in safeguards to ensure its independence and the avoidance of conflicts of interests;
Amendment 9 #
2015/2175(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. States that the objective of the Agency is aviation safety, which is to be considered as a public good; urges the Agency to keep this objective in the Agency's strategy, performance based budgeting and management-decisions as the leading principle towards its stakeholders and which should never be sacrificed for reasons of competitiveness, efficiency or deregulation;
Amendment 4 #
2015/2156(DEC)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas legal and academic experts agreed on the Parliament’s right to information at the European Parliament workshop on Parliament’s Right to Grant Discharge to the Council held on 27 September 2012;
Amendment 8 #
2015/2156(DEC)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas without the necessary information, Parliament is not in a position to make an informed decision on granting discharge;
Amendment 12 #
2015/2156(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the procedure of giving discharge separately to the individual Union institutions and bodies is a longstanding practice; stresses therefore that the Commission, in its reply of 25 November 2011 to the letter from the Chair of the Committee of Budgetary Control, said that it was desirable for the Parliament to continue to give, postpone or refuse discharge to the other institutions, including Council;
Amendment 13 #
2015/2156(DEC)
1b. Notes further that the Commission in its letter of 23 January 2014 expressed the view that all institutions are fully part of the follow-up process to the observations made by the Parliament in the discharge exercise and that all institutions should cooperate to ensure the smooth functioning of the discharge procedure in full respect of the relevant provisions in the TFEU and in the relevant secondary law; emphasises that the Commission also states in its letter that it will not oversee the implementation of the budgets of other institutions and that giving a response to questions addressed to another institution would infringe the autonomy of that institution to implement its own section of the budget;
Amendment 16 #
2015/2156(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that this constitutes a serious failure to comply with the obligations laid down by the Treaty, in particular the principle of sincere cooperation between the institutions, and that a solution must be found quickly so that the whole of the Union budget can be scrutinised; in this respect refers also to Article 15 TEU which stipulates that each institution, body, office or agency shall ensure that its proceedings are transparent;
Amendment 25 #
2015/2156(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that, if these negotiations fail or if the Council refuses to open negotiations, Parliament should consider giving discharge only to the Commission and including in that global discharge separate resolutions for each Union institution and body, thereby ensuring that no section of the EUnion budget goes unscrutinised; highlights that this change in practise should not reduce the accountability of the individual institutions and bodies in respect to the implementation of their respective sections of the budget;
Amendment 6 #
2015/2155(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note ofEmphasises the Court of Auditors’ recommendation that Parliament reinforce its checks on the costs reimbursed by European political parties to their affiliated organisations and develop appropriate rules for European political parties on public procurement and monitor their application through appropriate checks and better guidance and insists that there will be full transparency on the expenditure by European political parties and that in future the competent committee will examine and discuss this information in detail in the context of the ordinary discharge procedure;
Amendment 19 #
2015/2155(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the numerous constituency and plenary weeks represent periods during which the canteens and cafeteria facilities are not fully employed; suggests that the staff of these facilities be employed gainfully elsewhere; calls for a proposal by the administration that aligns procurement and subsidy proceduagreements with the caterers take into account the option of employing the staff of these facilities elsewheres, with the subsidy practices of other international organisations and national parliamentshen during the above- mentioned weeks not all canteens and cafeteria facilities are open;
Amendment 32 #
2015/2155(DEC)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Points out that the administrative burden for the offices of Members have also increased more generally and requests a rationalisation of the forms that have to be used for internal parliamentary procedures, such as recruitment of new assistants;
Amendment 73 #
2015/2155(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the GEA is intended to cover expenditure in the Member State of election, such as a Members’ office rent, equipment, supplies, documentation or logistical organisation of events; takes note that a comprehensive system of control of the Member's parliamentary mandate allowance would represent 40 to 75 new administrative posts in the area of financial management; regrets that despite various requests the Secretary General did not elaborate a proposal for a more selective control system, for example by concentrating on larger expenditure, or a system of random checks, and requests such a proposal to be elaborated without further delay;
Amendment 88 #
2015/2155(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Welcomes the revised Transparency register approved by Parliament on April 2014fact that the Commission has started a public consultation procedure in respect of the revision of the current Transparency register of the Commission and Parliament, and its extension to the Council; requests that immediately after the public consultation an Inter- Institutional Working Group be set up for preparing proposals concerning the revision of the Register, the accompanying Code of Conduct for interest representatives, and the functioning thereto;
Amendment 99 #
2015/2155(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for a report by the administration on the extent to which -various permanent forums between the beusidnes economic panels - environmental and social associations, NGOs and interest groups organise events ins and financial sectors and Parliament; wonders if there are guidelines that exclude the disproportionate presence of such organisations in Parliament;
Amendment 115 #
2015/2155(DEC)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Is concerned with the lack of actual results of the Parliament's communication activities, considering the ever decreasing turn-out during European elections, as well as the general lack of knowledge in society about the role of Parliament and its activities;
Amendment 132 #
2015/2155(DEC)
Motion for a resolution
Paragraph 55 a (new)
Paragraph 55 a (new)
55a. Regrets the fact that Parliament has not yet published information on an annual basis about senior officials who left the Parliament's administration, as well as a list of the cases of potential conflict of interest that have been addressed, as required by Article 16, paragraph 4 of the Staff Regulations;
Amendment 158 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Notes that according to the Secretary General the average number of hours per week that staff interpreters spent in their booths in 2014 delivering interpretation services was 10,7 hours/week, but that this figure has been contested by the interpretation services themselves;
Amendment 172 #
2015/2155(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Insists that large efficiency gains are still possible in the supply of interpretation, notably by enhancing the efficiency of a service currently hampered by rules dating from 2005 that are no longer compatible with the current meeting patternin seeking additional efficiency gains, solutions be sought that take also into account the social rights of the institutionterpreters;
Amendment 178 #
2015/2155(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Calls upon the secretary general to modernise the framework for the management of interpretation, with a view to increasing individual productivity and to bringing the working practices of interpreters into line with the changed needs of the house, whilst fully respecting their social rights;
Amendment 86 #
2015/2154(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Underlines that the level of error rate does not necessarily mean a case of fraud, inefficiency, or waste, but an estimate of financial flows that should not have been paid out as they were not used in line with rules and regulations; emphasizes, however, that the sharp increase of serious errors in the context of public procurement procedures is a matter of grave concern, as Member States have had years of experience with the existing procurement rules, and if they already face difficulties with these rules, this does not bode well for when they have to adapt national legislation and procedures to the new directives on procurement and concessions;
Amendment 109 #
2015/2154(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Urges the Commission to strengthen the negotiations with the Member States regarding the necessity of publishing national declarations and annual summaries;
Amendment 114 #
2015/2154(DEC)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68a. Urges the Commission to join the Criminal Law Convention on Corruption (ETS No. 173) of the Council of Europe and speeding up the negotiations on the participation of the Union in the Group of States against Corruption (GRECO), in order to contribute to more co-ordinated anti-corruption policies in Europe;
Amendment 119 #
2015/2154(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Stresses that Member States are not following up alleged cases of fraud affecting the financial interests of the Union as submitted to them by OLAF; calls on the Commission to take appropriate measures and on OLAF to continue and accelerate its analysis of the reasons why Member States do not follow up alleged cases, to provide the Parliament with its findings in this respect and to continue to support the Member States in improving their performance in the prevention and detection of fraud against European funds;
Amendment 122 #
2015/2154(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Invites the Commission to develop a system of strict indicators and easily applicable uniform criteria based on the requirements set out in the Stockholm Programme to measure the level of corruption in the Member States and evaluate the Member States’ anti- corruption policies; is concerned about the reliability and quality of data coming from the Member States; calls on the Commission, therefore, to work closely with Member States to guarantee comprehensive, exact and reliable data keeping in mind the goal of full implementation of the Single Audit Scheme; invites the Commission to work out a corruption index to categorise Member States based on the effectiveness of their anti-corruption policies;
Amendment 145 #
2015/2154(DEC)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Asks the Commission to provide analysis regarding the future of Union funding evaluating the adequacy of the own resource base, instruments that would strengthen the own resource base, a possible restructuring of the revenue side and the relevance of the Union budget/EU GDP ratio;
Amendment 189 #
2015/2154(DEC)
Motion for a resolution
Paragraph 144
Paragraph 144
144. Shares the Commission's opinion that unemployment rates (especially long-term unemployment) and the percentage of young persons not in employment, education or training (NEETs), are indications of mismatch in the labour market., as well as a lack of consumer demand and public investment due to excessive austerity policies;
Amendment 235 #
2015/2154(DEC)
Motion for a resolution
Paragraph 187
Paragraph 187
187. Welcomes the trend for simplification, eliminareduction of gold-plating and improvement of shared management hand in hand with the new elements of cohesion policy for the 2014 – 2020 programming period, which seems to be a methodological best practice and which is reflected in many concrete steps like finding complementarity with the Investment Plan for Europe through a practical coexistence of ESIFs and the EFSI (European Fund for Strategic Investments), doubling the scope for FEI, providing targeted initiatives, for example for SMEs, creating task forces for better implementation, introducing thematic focus on smart growth and implementation of research and innovative strategies respecting the smart specialisation strategies, or cohesion policy contribution to relevant Union policies in the areas of digital economy, energy, social affairs among others;
Amendment 309 #
2015/2154(DEC)
Motion for a resolution
Paragraph 270 a (new)
Paragraph 270 a (new)
270a. Believes that the Commission should pro-actively disclose documents regarding the recommendations of the Ad Hoc Ethical Committee on post-term-of- office jobs of former Commissioners, editing the commercial or personal information in accordance with Regulation 1049/2001;
Amendment 311 #
2015/2154(DEC)
Motion for a resolution
Paragraph 271
Paragraph 271
271. Calls on the Commission to report onask from Member States that they current status of Member State's legislation concerninglearly indicate any potential conflicts of interests of their candidate member of the Commission and to explain how conflicts of interests and to present recommendre defined in their national legislation; in the case of diverging interpretations, of considering that the same princiflicts of interests between national legislation and the rules the Commission applies should apply to candidate members and members of the Commissionitself in this regard, the latter interpretation should be followed by Member States;
Amendment 314 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272
Paragraph 272
272. Points out that an important step with regard to conflicts of interest is to increase the transparency of the ad hoc ethical committee of the Commission which reviews situations of potential conflict; notes that only if the opinions of the ethical committee are published proactively, cancalls upon the Commission to proactively publish the opinions of the ethical committee in accordance with Regulation 1049/2001in order to let the public hold the Commission accountable for the decision made;
Amendment 315 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272 a (new)
Paragraph 272 a (new)
272a. Estimates that the Code of Conduct for Commissioners should include a clearer task description of the Ad Hoc Ethical Committee, and include the requirement that the members of the Committee are independent experts;
Amendment 321 #
2015/2154(DEC)
Motion for a resolution
New subheading after paragraph 272 and paragraph 272 a (new)
New subheading after paragraph 272 and paragraph 272 a (new)
272a. Transparency Believes that all data on the implementation of the budget within the EU should be transparent and accountable through publication, including the spending of Member States related to shared management;
Amendment 322 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272 b (new)
Paragraph 272 b (new)
272b. Emphasises the principle that the Commission on all levels should end contacts with unregistered lobbyists;
Amendment 323 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272 c (new)
Paragraph 272 c (new)
272c. Calls on the Commission to expand the recording of meeting data with lobbyists to everyone involved in the Union's policy-making process by requesting from their DG's regular reports on the meetings taking place within their respective services and by putting this information in an easily accessible manner on the Commission's website;
Amendment 324 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272 d (new)
Paragraph 272 d (new)
272d. Believes that the Commission should be obliged to record and disclose all input received from lobbyists/interest representatives on draft policies and laws as a 'legislative footprint'; suggests that this legislative footprint should contain detailed information about lobbyists who had a substantial effect on the Commission's proposals;
Amendment 325 #
2015/2154(DEC)
Motion for a resolution
Paragraph 272 e (new)
Paragraph 272 e (new)
272e. Welcomes the publication of a list of senior officials leaving the Commission and calls on the Commission to include all members of the Cabinet in the definition of senior officials;
Amendment 326 #
2015/2154(DEC)
Motion for a resolution
New subheading after paragraph 272 and paragraph 272 a (new)
New subheading after paragraph 272 and paragraph 272 a (new)
272a Expert Groups Urges the Commission to follow up on the Ombudsman's recommendations against conflicts of interest in expert groups and to postpone the adoption of new horizontal rules, until the Parliament has been able to express its opinion on the basis of the ongoing work on a joint CONT-JURI own initiative report;
Amendment 346 #
2015/2154(DEC)
Motion for a resolution
Paragraph 280 – subparagraph 2 a (new)
Paragraph 280 – subparagraph 2 a (new)
Urges OLAF to draw up Internal Rules on Whistleblowing in accordance with the new Staff Regulations 2014;
Amendment 348 #
2015/2154(DEC)
Motion for a resolution
Paragraph 280 a (new)
Paragraph 280 a (new)
280a. States that in OLAF's annual report 2014 the investigative activities and results per sector are specified; requests OLAF to provide in the next annual report detailed information on the type of investigation and results in all sectors;
Amendment 349 #
2015/2154(DEC)
Motion for a resolution
Paragraph 281
Paragraph 281
Amendment 352 #
2015/2154(DEC)
Motion for a resolution
Paragraph 283
Paragraph 283
283. Urges all the relevant Union institutions to implement Article 5.3 of the WHO FCTC and Article 8.12 of the Protocol to Eliminate Illicit Trade in Tobacco Products in accordance with the recommendations contained in the guidelines thereto; urges the Commission to publish immediately the assessment agreements with tobacco companies and an impact assessment on the implementation of the WHO FCTC and the Protocol;
Amendment 354 #
2015/2154(DEC)
Motion for a resolution
Paragraph 283 a (new)
Paragraph 283 a (new)
283a. Urges the Commission not to have any negotiations with the Tobacco Industry on the renewal of the Agreements, until Parliament has had the opportunity to adopt its final position;
Amendment 356 #
2015/2154(DEC)
Motion for a resolution
Paragraph 283 b (new)
Paragraph 283 b (new)
283b. Asks the Commission to full betting on the combinations of the Tobacco Directive 2014 and the WHO FCTC and the Protocol to Eliminate Illicit Trade in Tobacco Products which foresee track and trace provisions and introduce security features facilitating law enforcement, and are the best instruments to fight illicit trade in the EU;
Amendment 4 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its demand that the Commission draft proposals to sanction false or incorrect reporting by the Member States’ authorities in the management of European Union funds; also calls on the Commission to submit proposals for ways in which Member States can strengthen ex-ante checks so as to reduce the number of sums unduly paid, and secure a system whereby proper investigations are carried out into suspicions of false or incorrect reporting and such reporting is sanctioned;
Amendment 8 #
2015/2106(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in recent years an ambitious reform agenda for the EU financial sector has been launched to strengthen financial regulation and supervision, restore financial stability and make the financial system more resilient to shocks; whereas these fell short of addressing the fundamental problems of the financial sector, i.e. too-big-to fail and too-interconnected-to fail;
Amendment 11 #
2015/2106(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the financial crisis of 2007/2008 has largely been the result of past policy failures, namely the deregulation of the financial sector, which has fuelled speculative bubbles and has been the main cause for the too-big-to fail and too-interconnected-to fail problems;
Amendment 13 #
2015/2106(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas these policy failures have led to the deepest political and socio- economic crisis in the recent history of the European Union;
Amendment 15 #
2015/2106(INI)
Motion for a resolution
Recital B
Recital B
B. whereas profoundsome changes have occurred in all financial sectors, including banking, insurance, securities markets, investment funds and financial market infrastructure, which unfortunately leave the problems of too-big-to fail and too-interconnected-to fail untouched;
Amendment 18 #
2015/2106(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the transposition and implementation of the financial regulatory reform is still ongoing and not yet completed, with many delegated and implementing acts in particular still to be finalised; whereas especially the strict separation of investment from retail banking is still outstanding;
Amendment 22 #
2015/2106(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the current investment gap is largely the result of deflationary austerity policies and subdued demand rather than an over-regulated financial sector; whereas the crisis has shown that relationship with retail banks is more robust and more focused on lending to the real economy than large universal and investment banks; whereas in the US after the financial crisis, bank lending to corporates has developed stronger than capital markets based financing;
Amendment 25 #
2015/2106(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas according to the European Banking Federation, credit supplied by banks appears to have broadly matched credit demand1 a ; whereas according to the ESBG, there is no fundamental supply-side shortage of lending in general2 a ; whereas specific shortages of credit to MSMEs derive largely from economic instability and growing disinvolvement of financial activity from the productive economy; whereas these problems will not be alleviated by the plans for a CMU; __________________ 1a cf. http://www.ebf- fbe.eu/uploads/FF2012.pdf 2a cf. http://ec.europa.eu/internal_market/consu ltations/2013/long-term- financing/docs/contributions/registered- organisations/european-savings-banks- group_en.pdf
Amendment 37 #
2015/2106(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesTakes note of the Commission’s Investment Package, including the Capital Markets Union (CMU); stresses that an efficient and effective financial services frameworkregulation ensuring financial stability is a prerequisite in order to increase (long- term) investment and to foster growth in a competitivthe European economy; underlines the linkage between economic and financial stability;
Amendment 46 #
2015/2106(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the Commission’s ambition to build a Capital Markets Union should be matched by an equivalent focus on raising the bar for retail investor protection to restore their trust; recommends that the Commission should make concrete proposals on how to (a) improve and harmonise retail investor protection rules for all saving and investment products, including pension products and individual shares and bonds;(b)impose effective supervision and enforcement by national and EU supervisory authorities in retail financial markets; (c) promote the development and distribution of simple and standardised investment products; (d) tackle conflicts of interest when giving advice by banning inducements;
Amendment 60 #
2015/2106(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned about the increased complexity, reflected in the of financial products and markets, requiring a greater amount, detail and number of layers of regulation and supervision with requirements at international, European and national level;
Amendment 84 #
2015/2106(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that an effective and efficient EU financial services regulation should be coherent, and consistent (also on a cross- sectoral basis), proportionate, and free of superfluous complexity; believes that it should enable intermediaries to fulfil their role in funding the real economy and serve savers and investors; considers that it should contribute to the single market and focus on goals better achievable at European level;
Amendment 95 #
2015/2106(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to take stock of the financial services framework, in line with the review clauses adopted in each specific legislative act, in order to pave the way for more fundamental and ambitious reforms of this sector; notes that similar exercises are being undertaken in other jurisdictions, notably in the US;
Amendment 105 #
2015/2106(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a single market for financial services serves businesses, but ultimately has to benefit businesses, customers and investors; insists that barriers to cross- border access, marketing and investment have to be analysed and addressed;
Amendment 116 #
2015/2106(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that consumer protection does not necessarily entail large volumes of information; is concerned that the multiplicity of customer information might not ultimately serve real customer needs; points to the necessity of a Europenformation must always be relevant, comparable, user-friendly, reliable and timely; information alone is not sufficient to protect consumers and enhance their decision-making process; it must go hand in hand with developing unbiased comparison tools, independent and affordable financial advice and initiative for more and better financial educationtermediation, and strong supervisory authorities in charge of consumer protection, equipped with the powers to test new products before they are sold to consumers;
Amendment 167 #
2015/2106(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned about the lack of available and attractive risk-appropriate (long-term) investmentpush to shift retail savings to capital markets for alleged higher returns aund savings products for consumers; reiterates the need for diversity in investor and consumer choiceser the disputable assumptions that consumers can have higher returns without increasing the risk they are taking;
Amendment 177 #
2015/2106(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the diversity of business models; cCalls for a differentiation in regulation and supervision regarding the nature, size, riskiness and complexity of entities; believes however that the key priority of policy makers and supervisors must be to end the too-big-to fail and too- interconnected-to fail problems;
Amendment 241 #
2015/2106(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. RecognisesTakes note of the efforts made to establish a more transparent securitisation market; emphasises that stringent requirements for underlying high-quality assets and calibrations according to the actual risk profile are necessary, beartaking in mindto account the riskiness of securitisation as shown during the crisis; emphasises that simple, standardised and transparent securitisation rules out practices like tranching or synthetic securitisation; calls on the Commission to conduct a thorough assessment of the risks and benefits of securitisation for SMEs, investors and financial stability and the marketability of securitisation instruments as a matter of priority, and to report to Parliament;
Amendment 253 #
2015/2106(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is highly concerned about the revival of synthetic securitization as expressed in the forthcoming STS Regulation; warns that in particular synthetic securitization worsened the impact of the financial crisis; calls on the Commission to definitively close the door to synthetic securitization in the simple and transparent securitization (STS) framework;
Amendment 274 #
2015/2106(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that efforts for a cultural change in the financial sector have to be pursued further; is therefore convinced that strict regulation and supervision of the industry remains a key priority for policy makers; acknowledges the benefits of relationship banking for consumers and SMEs;
Amendment 281 #
2015/2106(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 291 #
2015/2106(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Demands that the EU and Member States push for efficient and effective regulation of financial sectors at a global level; stresses the need for strong global regulation to prevent foreign financial institutions from gaining an unfair competitive advantage vis-à-vis EU financial institutions;
Amendment 293 #
2015/2106(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of the international framework with respect to its scope, methodologies and implications on the EU framework; calls on the Commission and ESAs to coordinate more closely with international bodies promoting EU interestlong-term global stability and sustainability goals;
Amendment 312 #
2015/2106(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that better financial regulation starts with Member States applying the current acquis; considers that gold-plating does not facilitate the functioning of the internal market;
Amendment 324 #
2015/2106(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls onUrges the Commission to ensure balanced participation in consultations by reflecting the diversity of stakeholders and providing better conditions for small stakeholders to participate, including in the way consultations are organised and questions asked; further urges the Commission to make the lobbying outside of the consultations more transparent and make use of the lobby register mandatory;
Amendment 335 #
2015/2106(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. WelcomNotes the objectives of the better regulation agenda; underlinequestions the role of REFIT in achieving an efficient and effective financial services regulation; reminds that the focus of EU decision- making must be on improving regulation, not deregulating;
Amendment 361 #
2015/2106(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to make any amendment made to the draft regulatory technical standards (RTS) and implementing technical standards (ITS) submitted by the ESAs transparent to the co-legislators and stakeholders;
Amendment 390 #
2015/2106(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Stresses that the impact of individual legislative measures differs from their cumulative impact; cCalls on the Commission services, in corporation with the ESAs, SSM and ESRB, to conduct a comprehensive quantitative and qualitative assessment every five years of the cumulative impact of the EU financial services regulation at EU and Member State level;
Amendment 401 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – introductory part
Paragraph 43 – introductory part
43. Calls on the Commission services to complete the first assessment by the end of 2016in five years’ time from now and to report on the overall impact and, in separate chapters, on the following:
Amendment 422 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – indent 9
Paragraph 43 – indent 9
– the interdependencies with international standards and the effects on the global competitiveness of European businessesfinancial stability;
Amendment 429 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – indent 9 a (new)
Paragraph 43 – indent 9 a (new)
– the systemic consequences of past financial services legislation especially with regard to ending the too-big-to fail and too-interconnected-to fail problems;
Amendment 109 #
2015/0226(COD)
Proposal for a regulation
-
-
Amendment 125 #
2015/0226(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is appropriate to provide, in line with the existing definitions in Union sectoral legislation, definitions of all the key concepts of securitisation. In particular, a clear and encompassing definition of securitisation is needed to capture any transaction or scheme whereby the credit risk associated with anpayments in the transaction or scheme are dependent on the performance of the exposures or pool of exposures is tranched. The economic transfer of the exposures being securitised should be achieved by the transfer of ownership of the securitised exposures from the originator institution to an SSPE or through sub-participation by an SSPE. An exposure that creates a direct payment obligation for a transaction or scheme used to finance or operate physical assets should not be considered an exposure to a securitisation, even if the transaction or scheme has payment obligations of different seniority.
Amendment 149 #
2015/0226(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Originators, sponsors and SSPE's should make all materially relevant data on the credit quality and performance of underlying exposures available in the investor report, including data allowing investors to clearly identify delinquency and default of underlying debtors, debt restructuring, debt forgiveness, forbearance, repurchases, payment holidays, losses, charge offs, recoveries and other asset performance remedies in the pool of underlying exposures. Data on the cash flows generated by underlying exposures and by the liabilities of the securitisation issuance, including separate disclosure of the securitisation position’s income and disbursements, that is scheduled principal, scheduled interest, prepaid principal, past due interest and fees and charges and any data relating to the breach of any triggers implying changes in the priority of payments or replacement of any counterparties as well as data on the amount and form of credit enhancement available to each tranche should also be made available in the investor report. Although securitisations that are simple, transparent and standardised have in the past performed well, the satisfaction of any STS requirements does not mean that the securitisation position is free of risks, nor does it indicate anything about the credit quality underlying the securitisation. Instead, it should be understood to indicate that a prudent and diligent investor will be able to analyse the risks involved in the securitisation. There should be two types of STS requirements: one for long-term securitisations and one for short-term securitisations (ABCP), which should be subject to a large extent to similar requirements with specific adjustments to reflect the structural features of these two market segments. The functioning of these markets are different with ABCP programmes relying on a number of ABCP transactions consisting of short term exposures which need to be replaced once matured. In addition, STS criteria need also to reflect the specific role of the sponsor providing liquidity support to the ABCP conduits.
Amendment 151 #
2015/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In securitisations which are not 'true sale', the underlying exposures are not transferred to such an issuer entity, but rather the credit risk related to the underlying exposures is transferred by means of a derivative contract or guarantees. This introduces an additional counterparty credit risk and potential complexity related in particular to the content of the derivative contract. To date, no analysis on an international level or Union level has been sufficient to identify STS criteria for those types of securitisation instruments. An assessment in the future of whether some synthetic securitisations that have performed well during the financial crisis and are simple, transparent and standardised are therefore eligible to qualify as STS would be essential. On this basis, the Commission will assess whether securitisations which are not 'true sale' shouldUnder no circumstances should synthetic securitisations be covnsidered by the STS designation in a future proposalas STS.
Amendment 178 #
2015/0226(COD)
Draft legislative resolution
Recital 38 a (new)
Recital 38 a (new)
(38a) Account should be taken of the viewpoints expressed by the Member States’ academic communities on the risks associated with reviving securitisation;
Amendment 197 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 201 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'synthetic securitisation' means a securitisation where the transfer of risk is achieved by the use of credit derivatives or guarantees, and the exposures being securitised remain exposures of the originator; it shall under no circumstances be recognised as an STS;
Amendment 235 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The originator, sponsor or the original lender of a securitisation shall retain on an ongoing basis a material net economic interest in the securitisation of not less than 25 %. Where the originator, sponsor or the original lender have not agreed between them who will retain the material net economic interest, the originator shall retain the material net economic interest. There shall be no multiple applications of the retention requirements for any given securitisation. The material net economic interest shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. The material net economic interest shall not be split amongst different types of retainers and not be subject to any credit risk mitigation or hedging.
Amendment 244 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Only the following shall qualify as a retention of a material net economic interest of not less than 525 % within the meaning of paragraph 1:
Amendment 248 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the retention of no less than 525 % of the nominal value of each of the tranches sold or transferred to investors;
Amendment 256 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the retention of randomly selected exposures, equivalent to no less than 525 % of the nominal value of the securitised exposures, where such non-securitised exposures would otherwise have been securitised in the securitisation, provided that the number of potentially securitised exposures is no less than 100 at origination;
Amendment 261 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the retention of the first loss tranche and, where such retention does not amount to 525 % of the nominal value of the securitised exposures, if necessary, other tranches having the same or a more severe risk profile than those transferred or sold to investors and not maturing any earlier than those transferred or sold to investors, so that the retention equals in total no less than 25% of the nominal value of the securitised exposures;
Amendment 265 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the retention of a first loss exposure of not less than 525 % of every securitised exposure in the securitisation.
Amendment 269 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 271 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 46 #
2015/0225(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Securitisations awere an important constituent part of well-functioning financial markets insofar as they contribute to diversifying institutions' funding sources and releasing regulatory capital which can then be reallocated to support further lending. Furthermore, securitisations provide institutions and other market participants with additional investment opportunities, thus allowing portfolio diversification and facilitating the flow of funding to businesses and individuals both within Member States and on a cross-border basis throughout the Union. These benefits, however, should be weighed against their potential costs. As seen during the first phase of financial crisis starting in the summer of 2007the central cause of the financial crisis, namely because of systemic flaws in the financial system and investors' lack of due diligence as well as institutions lack of responsibility. As seen during the financial crisis, unsound practices in securitisation markets resulted in significant threats to the integrity of the financial system, namely due to excessive leverage, opaque and complex structures that made pricing problematic, mechanistic reliance on external ratings or misalignment between the interests of investors and originators ("agency risks").
Amendment 50 #
2015/0225(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In recent years, securitisation issuance volumes in the Union have remained below their pre-crisis peak for a number of reasons, among them the stigma generally associated with these transactions. The recoincluding the low demand for non-bank lending. According to the ECB SAFE survery of securitisation markets should be based on sound and prudent market practi2015, European SMEs’ biggest concern today is "finding customers" whereas "access to prevent a recurrence of the set of circumstances that triggered the financial crisis. To that end, Regulation [Securitisation Regulation] lays down the substantive elements of an overarching securitisation framework, with ad-hoc criteria to identify simple, transparent finance" is their lowest. It is therefore not clear that there is an overall European need to promote non-bandk standardised ("STS") securitisations and a system of supervision to monitor the correct application of these criteria by originators, sponsors, issueources of finance for SMEs. A revival of securitisation is likely to first and institutional investors. Furthermore, Regulation [Securitisation Regulation] provides for a sforemost benefit the balance sheets of common requirements on risk retention, due diligence and disclosure for all financial services sectorsbanks at the expense of financial stability.
Amendment 52 #
2015/0225(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Without banking structural reform that addresses the problem of 'too-big-to- fail' banks, a revival of securitisation is likely to once again fail and harm the real economy and ultimately the welfare and lives of ordinary people.
Amendment 57 #
2015/0225(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Capital requirements for positions in a securitisation under Regulation (EU) No 575/2013 should be subject to the same calculation methods for all institutions. In the first instance and to remove any form of mechanistic reliance on external ratings, an institution should use its own calculation of regulatory capital requirements where the institution has permission to use the In. Relying on external Rratings Based approach (the "IRB") in relation to exposures of the same type as those underlying the securitisation and is able to calculate regulatory capital requirements in relation to the underlying exposu agencies is not desirable. However, the flaws of internal models ares as if these had not been securitised ("Kirb"), in each case subject to certain pre-defined inputs (the "SEC- IRBA"). A Securitisation External Ratings-Based Approach (the "SEC- ERBA") should then be available to institutions that may not use the SEC- IRBA in relation to their positions in a given securitisation. Under the SEC- ERBA, capital requirements should be assigned to securitisation tranches on the basis of their external rating. When the first two approaches are not available or the use of the SEC-ERBA would result in incommensurate regulatory capital requirements relative to the credit risk embedded in the underlying exposures, ilso well known and have yet to be addressed. Banks can manipulate risk weights and different banks can give very different risk weights to similar assets. Institutions should be able to apply the Securitisation Standardised Approach (the "SEC-SA") which should rely on a supervisory-provided formula using as an input the capital requirements that would be calculated under the Standardised Approach to credit risk (the "SA") in relation to the underlying exposures if these had not been securitised ("Ksa").
Amendment 64 #
2015/0225(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Agency and model risks are more prevalent for securitisations than for other financial assets and give rise to somea high degree of uncertainty in the calculation of capital requirements for securitisations even after all appropriate risk drivers have been taken into account. Securitisations are too complex and have a fundamental flaw, which is a lack of transparency and accountability. In order to capture those risks adequately, Regulation (EU) No. 575/2013 should be amended to provide for a minimum 15% risk weight floor for all securitisation positions. Re- securitisations, however, exhibit greater complexity and riskiness and, accordingly, positions in them, should be subject to a more conservative regulatory capital calculation and a 100% risk weight floor.
Amendment 126 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 575/2013
Article 254 – Paragraph 2 – point a
Article 254 – Paragraph 2 – point a
(a) an institution shall use the Internal Ratings-Based Approach (SEC-IRBA) where the conditions set out inSecuritisation Standardised Approach (SEC-SA) in accordance with Articles 258 are met63 and 264;
Amendment 127 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
(b) where the SEC-IRBSA may not be used, institutions shall use the Securitisation External Ratings-Based Approach (SEC-ERBA) for rated positions or positions in respect of which an inferred rating may be used in accordance with Articles 261 and 262;
Amendment 133 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation 575/2013
Article 1 – paragraph 1 – point 7 Regulation 575/2013
Amendment 137 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 575/2013
Article 254 – paragraph 3
Article 254 – paragraph 3
Amendment 159 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 575/2013
Article 260 – paragraph 2
Article 260 – paragraph 2
risk weight floor for senior securitisation positions = 1020%
Amendment 177 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 575/2013
Article 264 – paragraph 1 – point 1
Article 264 – paragraph 1 – point 1
risk weight floor for senior securitisation positions = 1020 %
Amendment 191 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 575/2013
Article 270– paragraph 1 – point c
Article 270– paragraph 1 – point c
(c) the securitisation is backed by a pool of exposures to undertakings, provided that at least 8100% of those in terms of portfolio balance qualify as SMEs as defined in Art 501 at the time of issuance of the securitisation;
Amendment 27 #
2015/0068(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Tax base erosion is considerably reducing national tax revenues, whichhence hindersing Member States in applying growth-friendly tax policies and in fulfilling the constitutional obligations in terms of fundamental rights, aggravating social and economic inequality, increasing political power of cross-border business, shifting taxation towards less mobile factors such as labour and consumption, thus making the tax system less progressive, and widening the democratic deficit. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially highlow amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in order to achieve this. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 37 #
2015/0068(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Transparency only deploys its benefits fully when it is combined with the possibility of wider public scrutiny. The proposed reforms should hence aim at making publicly available all information on tax rulings exchanged along the provisions of this Directive.
Amendment 55 #
2015/0068(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements and to make available to the public the exchanged information on rulings. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission.
Amendment 69 #
2015/0068(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for Member States each to make similar developments to their systems to store information, specific provision should be made for the establishment of a central directory accessible to all Member States and the Commission where Member States would upload and store information instead of exchanging it by email. The central directory should then be publicly accessible and searchable. The practical arrangements necessary for the establishment of such a directory should be adopted by the Commission in accordance with the procedure referred to in Article 26(2) of Directive 2011/16/EU.
Amendment 111 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2
Article 8a – paragraph 2
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on advance cross-border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force but still valid on the date of entry into force of this Directiveand still valid on the date of entry into force of this Directive, in order to allow for a full picture of rulings have an impact on current tax schemes;
Amendment 118 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 3
Article 8a – paragraph 3
Amendment 159 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 21 – paragraph 5
Article 21 – paragraph 5
5. TBy December 2016 the Commission shall develop a secure central directory where information to be communicated in the framework of Article 8a of this Directive may be recorded in order to satisfy the automatic exchange provided for in paragraphs 1 and 2 of Article 8a,. The Commission shall have access to the information recorded in this directory and shall ensure access by the public to the information stored in the directory. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2).
Amendment 176 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2011/16/EU
Article 27
Article 27
9a. Article 27 is amended as follows: Reporting Every 3 years after entry into force, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council.
Amendment 99 #
2015/0009(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The austerity policies in response to the economic and financial crisis hasve led to a lowering of the level of investments within the Union. Investment has fallen by approximately 15% since its peak in 2007. The Union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on Member States. This lack of investment in relative terms, while the absolute loss in investment due to the deep recession in some Member States is much larger. The Union suffers in particular from a lack of investment as a consequence of arbitrary fiscal constraints on Member States, due rules of the Stability and Growth Pact and the Fiscal Compact, resulting in a deeper recession, sluggish recovery and uncertainty regarding the economic future. This lack of investment, which has been particularly severe in Member States most affected by the crisis and the policies prescribed in the Memorandums of Understanding signed with the Troika, slows economic recovery and negatively affects job creation, and long-term growth prospects and competitiveness.
Amendment 114 #
2015/0009(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Comprehensive action is required to reverse the vicious circle created by a lack of investment. Structural reforms and fiscal responsibility are necessary preconditions for stimulating investment. Along with a renewed impetus towards investment financing, these preconditions can contributeIncreased public investment and reforms that reduce inequality, support rising wages and social transfers and enhance fiscal sustainability through a fair and progressive tax system, constitute a way to establishing a virtuous circle, where investment projects help support employment and demand and lead to a sustained increase in growth potential.
Amendment 128 #
2015/0009(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Throughout the economic and financial crisis, the Union has made efforts to promote growth, in particular throughpromoted policies that deepen the recession and impede recovery, regardless of initiatives set out in the Europe 2020 strategy that put in place an approach for smart, sustainable and inclusive growth. The European Investment Bank ('EIB') has also strengthened its role in instigating and promoting investment within the Union, partly by way of an increase in capital in January 2013. Further action is required to ensure that the investment needs of the Union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects.
Amendment 180 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to small and medium enterprises, as well as other entities, such as social economy enterprises that provide high value for invested money, including a high social and societal quality and citizen-ownership of economic processes and results. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's economic, social and territorial cohesion.
Amendment 203 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high social or economic value added contributing to achieving Union policy objectives of enhancing economic, social and territorial cohesion across the Union.
Amendment 268 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, and long- term growth and competitivenesssustainable growth. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.
Amendment 362 #
2015/0009(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 576 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support public and private investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, social economy enterprises and service providers, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement'). The overall objective of the EFSI shall be to promote and guarantee sustainable, inclusive and long-term growth and quality job creation as well as social inclusion in the Union.
Amendment 597 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other public third parties, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities.
Amendment 811 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The EFSI agreement shall provide that the EFSI shall have an advisory board composed of representatives of the European Social partners as well as representatives from national social partner organisations from both sides of industry. Members of the Steering Board will participate in the meetings of the social advisory board.
Amendment 873 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six eight independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project structuring and financing, as well as macroeconomic expertise. The Investment Committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors, such as research and development, transport and SMEs. A specialist finance and social policies and a specialist in environmental policy shall be appointed as independent experts in the Investment Committee. The Investment Committee It shall be appointed by the Steering Board for a renewable fixed term of three years.
Amendment 1010 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) investments in sectors with high job- creation potential, focusing on long-term and sustainable effects, including the social, health and care sectors as well as the social economy.
Amendment 1093 #
2015/0009(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) EIB funding to the EIF enabling it to undertake loans, guarantees, counter- guarantees, any other form of credit enhancement instrument, capital market instruments and equity or quasi-equity participations. Credit enhancement instruments such as project bonds shall not be granted until the evaluation of the Project Bond Initiative has been carried out as requested by the relevant EU decisions. These Iinstruments shall be granted, acquired or issued for the benefit of operations carried out in the Union, in compliance with this Regulation and where EIF financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled.
Amendment 1263 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) detailed information on the tax payments resulting from its investment and lending operations under the EFSI.
Amendment 1356 #
2015/0009(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The EU guarantee and the payments and recoveries under it that are attributable to the general budget of the Union shall be audited by the Court of Auditorsexternal audit of the activities undertaken in accordance with the EFSI Regulation is carried out by the European Court of Auditors in accordance with Article 287 TFEU.
Amendment 1377 #
2015/0009(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. In its financing and investment operations, the EIB shall apply the principles and standards set out in Union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, including a requirement to take reasonable measures to identify the beneficial owners where applicable. In its financing and investment operations under the EFSI and through investment platforms and national promotional banks, the EIB shall make both direct funding or funding via intermediaries contingent upon the disclosure of both country-by-country tax relevant data along the lines of the CRD IV provision for credit institutions, as well as disclosure of beneficial ownership information according to the EU Anti- Money Laundering Directive.
Amendment 1378 #
2015/0009(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The EIB shall not cooperate with financial intermediaries having a negative track record in terms of transparency, tax evasion and aggressive tax planning practices, or use other harmful tax practices such as 'tax rulings' and abusive transfer pricing.
Amendment 6 #
2014/2252(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the closer participation of national parliaments in the European legislative process, which has resulted in a positive increase in awareness of the principles of subsidiarity and proportionality in the interinstitutional context; Believes, however, that the efforts to increase the participation of national parliaments in the legislative process should be strengthened;
Amendment 33 #
2014/2252(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to provide prior information on its choice of legal base for legislative acts as this will facilitate the cooperation with national parliaments;
Amendment 38 #
2014/2252(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the national parliaments came close to raising a "yellow card" in the context of the proposal for a European Public Prosecutors Office; Believes that in cases where the yellow card procedure is supported by a number of national parliaments, the follow-up Commission Communication should address all objections of these parliaments;
Amendment 23 #
2014/2240(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that blue growth should never be considered in isolation from the maintenance and sustainability of the natural resources of the seas, the restoration of those which have been lost and measures which are certainly sustainable and have been proven to be so;
Amendment 32 #
2014/2240(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of improving the necessary skills for applying the new technologies to the marine environment and of strengthening research coordination in order to create sustainable quality jobs and contribute to the full achievement of the social and employment objectives of the Europe 2020 strategy;
Amendment 41 #
2014/2240(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to focus on environmental aspects and on improving the quality of the marine environment in order to ensure we have a sustainable blue economy without restricthile realising its employment potential;
Amendment 54 #
2014/2240(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that coastal and maritime tourism can contribute to economic growth and to reducing casual or temporary work, providedhe creation of quality jobs; stresses, however, that theall activities armust be carried out in an environmentally-friendlysustainable way;
Amendment 69 #
2014/2240(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of social dialogue and considers that all parties involved in the blue economy should be represented in that dialogue, together with the individuals or companies concerned and civil society,concerned parties should be involved in the dialogue on the development of the blue economy, including coastal communities and civil society organisations; highlights in particular, the importance of including workers, so that the latter are actively involved in the framing of policies and solutions at local level;
Amendment 78 #
2014/2240(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that in order to maximise sustainable economic growth and employment andincrease the creation of quality jobs based on blue technologies, exchanges of ideas between the world of research and that of business should be encouraged, to promote and increase their ability to cooperate and network.
Amendment 64 #
2014/2238(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to maintain policy coherence on the need for green employment, a just transition and decent work across all areas of its work, including by promoting this agenda in its Integrated Guidelines on economic and employment policies;
Amendment 73 #
2014/2238(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to ensure that the 'just transition' and decent work agenda are part of its position in the climate negotiations at the COP21 summit in Paris this year;
Amendment 91 #
2014/2238(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the critical importance of workers’ participation in achieving these changes; calls fornotes that trade unions have stated that the lack of any legal obligation on employers to include workers' representatives in green workplace programmes is blocking the potential of this partnership; calls for the Member States to ensure the involvement of trade union ‘green representatives’ working with employers on increasing sustainability at their workplaces;
Amendment 97 #
2014/2238(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the tools for skills development and the forecasting of skill needs proposed by the Commission; stresses, however, that more ambitious action and investment is needed;
Amendment 109 #
2014/2238(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that these strategies should include the identification of skill gaps and targeted vocational and lifelong training programmes; stresses the need to actively include in the strategies both displaced workers and low-skilled workers at risk of being excluded from the labour market by ensuring that skills training must be targeted, accessible and free for these workers; stresses that steps need to be taken to counter the gender imbalance in certain sectors;
Amendment 146 #
2014/2238(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to fully respect and implement the new provisions of the revised EU legislation on public procurement, and to introduce proactively environmental and social criteria in their public procurement policies without delay in order to create sustainable jobs;
Amendment 1 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph a
Paragraph 1 – subparagraph a
a. take immediate action to ensure that a comprehensive and ambitious agreement is reached on the TTIP enhancing fair competition on both sides of the Atlanticsuspends all actions with regards to the TTIP agreement in view of guaranteeing the adequate democratic scrutiny of the citizens of the options, at both European and national level;
Amendment 9 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
(i) to ensure that TTIP will make a significant positive contributionimmediately suspend the negotiations; and to creating more and better jobs and set ambitious global trade standards for sustainable development and labourfrain from any further attempts of imposing a global model of free trade standards; Believes that any further negotiations between the EU and US need to be subject to a fundamental rethink as called for by the European Trade Union Conference (ETUC);
Amendment 11 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph b
Paragraph 1 – subparagraph b
b. take immediate action to ensure that free and fair competition on both sides of the Atlantic, as well as market access,any dispositions in the Treaty are subordinated to the right of the EU and its Member-States to define the levels of protection and that any such policy is not secured at the cost of social cohesion or the delivery of critical infrastructure or public services and is addressed on the basis of maintaining the highest standards possible within theand is done so with regard to existing levels of protection, especially within areas such as health and safety, education, consumer, labour and environmental legislation;
Amendment 29 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph c
Paragraph 1 – subparagraph c
c. take immediate action to include restrictions on state aid in the agreement; propose greater transparency within state aid rules and within the allocation of state aidallow individual member states use more state aid to vulnerable sectors of industry and allow for more proactive public sector enterprises. ;
Amendment 36 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ii
Paragraph 1 – point ii
(ii) to ensurguarantee that TTIP includes comprehensive provisions on labour laws and policies that are consistent with the core ILO Conventions and the Decent Work Agenda, with a clear commitment to promote higher standards and, furthermore, to ensurguarantee that where disputes arise, labour provisions will have a conditional dimensionprimacy over provisions of free movement;
Amendment 43 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph d
Paragraph 1 – subparagraph d
d. take immediate action to ensure that market accessongoing negotiations on financial services are combined with upward convergence in financial regulation; support high international standards in on-going cooperation efforts in other international foraand any eventual Agreement are used as an opportunity to improve and enforce higher standards through regulatory convergence;
Amendment 45 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ii a (new)
Paragraph 1 – point ii a (new)
(ii a) to guarantee a clear commitment from the EU and the US to revoke anti- trade union laws and actors such as the Troika and the right to work legislation;
Amendment 49 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iii
Paragraph 1 – point iii
(iii) to ensurguarantee that the horizontal dimensions of labour and social provisions are recognised and fully integrated into all relevant operational parts of the agreement to ensure a coherent and comprehensive approach to trade and sustainable development;
Amendment 52 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph e
Paragraph 1 – subparagraph e
e. take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition-distorting conditions, are addressedprevent fiscal competition, namely through the dumping in the taxation of profits and financial gains and maintenance of offshores and other fiscally privileged zones;
Amendment 57 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iv
Paragraph 1 – point iv
(iv) to ensure that civil society can make a meaningful contribution to implementing relevant TTIP provisionsrespect the overwhelming opposition in civil society against TTIP which has been clearly expressed by the 1.5 million European citizens who have signed the Citizens' Initiative against TTIP;
Amendment 66 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph f
Paragraph 1 – subparagraph f
f. take immediate action to ensure that systematic movement of capital across the Atlantic, in order to avoid tax payments in the country of production and/or sale of goods or services, is addressedprohibited or subject to heavy taxation within the realm of TTIP;
Amendment 69 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph g
Paragraph 1 – subparagraph g
Amendment 71 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point v
Paragraph 1 – point v
(v) to take immediate steps to safeguard the right of EU governments to legislate, organise, set quality and safety standards for, manage and regulate public servicesunequivocally exclude public services, including Services of General Interest and Services of Non-Economic Interests, as well as rules on public procurement from areas that can be liberalised;
Amendment 80 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph h
Paragraph 1 – subparagraph h
Amendment 84 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vi
Paragraph 1 – point vi
(vi) to ensure that the specific challenges faced by SMEs are fully taken into accouthe 87 percent of all SMEs in Europe which are not involved in export but relies on domestic demand are fully taken into account; and to identify and clearly communicate which sectors and branches are likely to be adversely affected by TTIP prior to the signing of an agreement;
Amendment 98 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph i
Paragraph 1 – subparagraph i
i. propose the introduction of a national court systems-first principle, to be supplemented with mediation and intergovernmental dispute mechanisms in legal disputes in order to ensure easier access and lower litigation costs than those offered by current ISDS- mechanisms, benefitting especially SMEs (having fewer resources available than large corporations), thus insists on the protection of democratic powers of legislators and takes immediate action to ensure the removal of any investor - state dispute settlement body (ISDS) as any interference from non- democreating more equal competition conditions; stress that any and all dispute mechanisms set in place within the TTIP-framework must uphold full transparency and be subject to democratic principlesc or non -EU bodies, contravenes democratic principles of sovereignty, transparency and scrutiny;
Amendment 103 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vii
Paragraph 1 – point vii
(vii) to take steps to promote the uptake of corporate social responsibility (CSR), which must be additional to and not replace existing labour and environmental laws;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point viii
Paragraph 1 – point viii
(viii) to guarantee that agreement on anyno mechanism for investor-state dispute- settlement mechanism must take into accoun(ISDS) will be part of a final agreement; and to respect the results of the public consultation on investor-state dispute settlement (ISDS), must be fully transparent and democratically accountable and must not hinder legislators from passing laws in the area of employment policywhich showed wide opposition against ISDS rather than public support of a reformed ISDS; Believes that the ISDS undermines democratically adopted legislation which has been put in place to safeguard public interests;
Amendment 123 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph j
Paragraph 1 – subparagraph j
j. acknowledge the importance of state- owned enterprises for certain crucial services; and calls for immediate action in order to ensure that specific and identifiable provisions for the protection of State Owned Enterprises are prioritised;
Amendment 135 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point x
Paragraph 1 – point x
(x) to ensure that statistical projections on job losses/gains, and on sectors, affected are constantly updated so that timely intervention can be undertaken by the Commission to support affected sectors, regions or Member States.; Believes that the negotiations are based on a flawed and biased impact assessment study which has not addressed the negative impacts on employment, job displacement, public finances and trade diversion1 ; __________________ 1 The Commission Impact assessment of TTIP is based on analysis carried out by the Centre for Economic Policy Research (CEPR). However, a number of independent studies which have critically assessed the CEPR studies points out that the study has exaggerated the claims of growth and job creation. "Nor does it contain an adequate assessment of the risks or drawbacks", says the European Parliament Impact Assessment team (IMPA) (page 8 of the EP Initial appraisal of a European Commission Impact Assessment http://www.europarl.europa.eu/RegData/et udes/note/join/2013/507504/IPOL- JOIN_NT%282013%29507504_EN.pdf )
Amendment 137 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph k
Paragraph 1 – subparagraph k
k. stress the need to uphold the EU’s tradition for organisfor each Member State to organise its own public services, to prioritise funding itsfor public services, and calls for an exclusion of public services from the agreementimmediate action to make provisions to allow flexibility to bring public services back into public control;
Amendment 145 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l
Paragraph 1 – subparagraph l
l. propose that there should be no obligation in TTIP to expose sensitive sectors to competitiontake immediate action in order to table additional vulnerability provisions which will allow for the exclusion of susceptible sectors from any final trade agreement; any agreed provisions should be made in tandem with consultation with relevant stakeholders and interested committees.
Amendment 148 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
(x a) to abandon the export-led growth model and explore and prioritise other ways of stimulating much needed growth and creation of decent jobs in the EU: - promote counter-cyclical actions aimed at stimulating domestic demand and consumption and countering high; unemployment and social exclusion - revoke the 1/20 rule on debt reduction; - allow all public investments to be regarded as fiscally neutral as regards the Stability and Growth Pact;
Amendment 155 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l a (new)
Paragraph 1 – subparagraph l a (new)
la. ensure that the application of the Lisbon Treaty Article 218.10 (TFEU) which provides that the European Parliament shall be immediately and fully informed at all stages of the procedure;
Amendment 157 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point x b (new)
Paragraph 1 – point x b (new)
(x b) to reject the Regulatory Cooperation Council as it lacks democratic accountability, does not ensure multi- stakeholder representation and does not foresee social impact assessments of how new laws and regulations will affect working and living conditions of citizens;
Amendment 158 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point x c (new)
Paragraph 1 – point x c (new)
(x c) to insert a sunset clause that activates after 5 years and that ensures that any subsequent re-activation can only be proposed after an extensive evaluation of the effects of the TTIP agreement;
Amendment 4 #
2014/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the economic recovery in the EU slowed down considerably in the course of 2014 but has a prospect of catching up in 2015 and of doing even better in 2016;
Amendment 26 #
2014/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesRegret that the Commission’'s Annual Growth Survey 2015, which endeavours to promote a return to higher growth levels and to strengthen the recovery; supportdid not focus its analysis of the true causes of the crisis; questions the three main pillars approach (boosting investment, accelerating structural reforms and pursuing responsible growth friendly fiscal consolidation) as the right way to achieve these goals; welcomes the Commission’s suggestions for improving the European Semester by simplifying procedures and increasing national ownership as needed, considering that only 10-15 % of the Country Specific Recommendations are fully implemented by the Members Statesrecovery;
Amendment 38 #
2014/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses concern that most Member States are still losing market shares globally and have a growing negative net international investment position; believes that the EU economy as a whole needs to boost its competitiveness further in the global economy, particularly by increasing competition in the product and services markets in order to enhance innovation-dRegret that the Commission's Annual Growth Survey 2015, did not focus its analysis of the true causes of the crisis; questions the three main pillars approach (boosting investment, accelerating structural reforms and pursuing responsible growth friven efficiency, while keeping labour costs in line with productivitdly fiscal consolidation) as the right way to achieve recovery;
Amendment 46 #
2014/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that the lack of investment is caused by low confidence, high indebtedness, slow deleveraging and subdued expectations ofexcessive austerity biased policies, and lack of aggregate (public and private) demand;
Amendment 59 #
2014/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomesExpresses its concern about the Iinvestment Pplan for Europe, which is an important instrument for increasing private and publof President Junker, in particular regarding the assumptions under which the creation of the European Fund for Strategic iInvestment; notes that the (EFSI) is built. This plan, is meant to trigger additional investment, develop new projects, attract investors and restore confidence; insufficient, and does not contain a single cent of fresh money and is based on an exercise of creative accounting and financial engineering without any credible basis.
Amendment 74 #
2014/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls Questions the Members States actively to support the Investment Plprinciple of using public money to leverage an,d and to contribute to the European Fund for Strategic Investment, supplementing the amounts provided through the EU budget and by the EIB, in order to guttract additional private capital and draws attention to not feed the illusory idea and encourage the private sector to invest; welcomes the principle of using public money to leverage and attract additional private capital;ccording to which the creation of a climate of trust alone will be enough to resuscitate private investment.
Amendment 98 #
2014/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is still concerned about the lack of progress in reducing excessive private debt levels; points out that this is not only a concern for financial stability, as it also limits the EU’'s growth potential and makes the ECB’'s monetary policy less effective; calls on the Commission to make proposals for the preparation of effective procedures for private sector deleveraging, including bankruptcy and insolvency procedures, as the huge debt burden weighing on companies and households is one of the key factors limiting private investment;
Amendment 107 #
2014/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the ambitiousExpresses concern about the structural reforms implementosed byin those Member States most affected by the crisis; welcomes as wellalthough the fact that those Member States that have successfully implemented adjustment programmes or financial sector programmes have been able to return to the capital markets, where they now access capital at low interest rates, almost all imbalances remains unsolved and social impacts have been dramatic;
Amendment 119 #
2014/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to make theirsupport labour markets more efficient, to modernisewith active job creation policies and avoiding downward pressure on wages to strength social protection systems, including pensions, and to improve and streamline the legal and administrative environment for business investment; stresses that structural reforms need to be complemented by well-targetede need for, longer- term investments in education, research and development, innovation, infrastructure, ICT and sustainable energy;
Amendment 136 #
2014/2221(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 145 #
2014/2221(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for urgent action to be taken by the Commission to fight tax fraud and tax evasion; calls for a tax system that is simple, fair and transparent; reiterates its call on the Member States to shift taxes from labour to consumpintroduce more fiscal fairness by taxing increasingly the financial sector and financial transactions;
Amendment 157 #
2014/2221(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 160 #
2014/2221(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its call on the Commission to improve the governance of the single market; urges the Commission to align the aims of the Single Market with those of the European Semester; believes that analytical tools, composed of indicators measuring the implementation of the single market,meditate the European Semester; believes that a thoughtful analysis of the effects of imposed austerity policies can provide useful guidance for country-specific recommendations and the Annual Growth Survey;
Amendment 165 #
2014/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 171 #
2014/2221(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates the importance of ensuring labour mobility (both cross-border and cross-sectoral), enhanced labour prolabour market policies supporting collective bargaining and limiting the use of precarious work, preserving the necessary scope of work security, improved educativity (connected with skills trainings to improve employability) and labour market flexibility, while preserving the necessary scope of work securityon and training opportunities for workers (on and off the job), enhancing labour productivity, and ensuring opportunities for labour mobility (both cross-border and cross-sectorial);
Amendment 181 #
2014/2221(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 188 #
2014/2221(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Draws attention to the need to reflect on the large number of countries that were under the excessive deficit procedure – 24 among 28, and note that the decrease in the number of countries under the excessive deficit procedure – down to 11 in 2014 from 24 in 2011 was not accompanied by an improvement in the performance of the economies that remain without growing, with high unemployment and some of them suffering deflationary processes;
Amendment 191 #
2014/2221(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. In light of those facts, urges the Commission to launch a process of reform of the Stability and Growth Pact in order to make it more adapted to the needs of economies and more oriented to growth and employment;
Amendment 192 #
2014/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Agrees with the Commission that most Member States need to continue to pursue growth-friendly fiscal consolidation; iInvites Member States with sufficient fiscal space to consider reducing taxes and social security contributions with a view to stimulating privateincrease public investment and promote higher wages, with a view to stimulate public and private consumption and investment;
Amendment 222 #
2014/2221(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned that only five Member States were found to be fully compliant with the provisions of the Stability and Growth Pact (SGP) which questions again the reasonableness of the stability pact rules;
Amendment 227 #
2014/2221(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. WelcomesIs concerned about the Alert Mechanism Report; welcomes the gradual reduction of internal imbalances in the EU economy; draws attention to the external imbalances, including the large trade surplus and the effect it will have in perpetuating austerity and prevent member states to choose their own development policies;
Amendment 236 #
2014/2221(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 42 #
2014/2158(INI)
Motion for a resolution
Recital C
Recital C
C. whereas European citizens want a high- quality and affordableuniversal provision of public services;
Amendment 46 #
2014/2158(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the successful development of SMEs under conditions of free competition, public firms and social enterprises is one of the most essential preconditions for job creation, growth and investment;
Amendment 51 #
2014/2158(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas competition policy must be subordinated to the goals of sustainable growth and social cohesion;
Amendment 65 #
2014/2158(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that ensuring a level- playing field for companies in the internal market also depends on combating social dumping, which should be regarded as an anticompetitive practice;
Amendment 76 #
2014/2158(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates that the Commission cshould consider reallocation of resources from obsolete or underused budget lines towards DG Competition, in order to enable a more proactive stancetake particular note to direct competition policy to the goals of job creation and economic growth to end the crisis;
Amendment 80 #
2014/2158(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to consider the social and labour impacts of its interventions, especially in those regions with high levels of unemployment, integrating this analysis in its decisions;
Amendment 93 #
2014/2158(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the fourth consecutive time for a swift end to the state aid crisis regime for the banking sector; recognises that the Commission’s Banking Communication of August 2013 constitutes an important yet insufficient step to protect European taxpayers and limit the amount of aid that banks may receive, and thus contributes to breaking the link between sovereigns and bankstax-payers and the financial system;
Amendment 96 #
2014/2158(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that State aid to the banking system has failed to increase credit or restore confidence, thus failing to meet the criteria of public interest;
Amendment 97 #
2014/2158(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the importance which should be given to taking into consideration social and environmental criteria in public procurement procedures;
Amendment 109 #
2014/2158(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates that EU Structural Funds may not be used in a way that directly or indirectly supports the relocation of services or production to other Member States;
Amendment 138 #
2014/2158(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees that effective merger control is an important instrument for competition enforcement since it contributes to the maintenance of competitive pressure on market participants; regrets the erratic action of the Commission in this field, which has not limited the process of accumulation in big firms;
Amendment 145 #
2014/2158(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of affordability, sustainability and security of energy supply; considers competition policy to be of vital importance in encouraging unbundling and addressing the current fragmentation of the market; stresses that the regulation of state aid in this field must be carried out in the same spirit as in any otherthat Member States must act against energy poverty;
Amendment 155 #
2014/2158(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets the measures adopted by certain Member States against renewable energy, which benefit vested private interests against the development of an efficient and clean energy supply;
Amendment 205 #
2014/2158(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes the considerable advhancges that have been made in EU banking regulation since 2008, and particularly in 2013; believes that a comprehensive analysis of the competitive aspects of this large amount of new EU financial regulation is in order;
Amendment 250 #
2014/2158(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that agreements such as the Comprehensive Economic and Trade Agreement or the Transatlantic Trade and Investment Partnership alter competition in a way harmful to SMEs, public companies and social enterprises;
Amendment 251 #
2014/2158(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Is concerned that the use of ISDS in free-trade agreements serves to remove democratic control of competition policy;
Amendment 9 #
2014/2157(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, according to the same forecast, unemployment in the euro area rose from 11.3 % at the end of 2012 to 12 % at the end of 2013, and may fall slightly to 11.8 %remains at a high level in 2014;
Amendment 26 #
2014/2157(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, according to the Commission services’ spring 2014 forecast, the average inflation rate in the euro area was 1.3 % in 2013, down from 2.5 % in 2012; whereas inflation in the euro area has continued to be on a downward path since the beginning of 2014, reaching a low of 0.3 % in September, posing a risk of deflation;
Amendment 31 #
2014/2157(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the level of public and private investment in the euro area has been stagnating at levels significantly below those registered before the start of the crisis and needs to be given a fresh boost as a matter of urgency;
Amendment 35 #
2014/2157(INI)
Motion for a resolution
Recital H
Recital H
H. whereas credit to the private sector has moved further into negative territory, with an annual rate of change of -2.4% in December 2013, compared with -0.2% in December 2012, demonstrating the failure of the central bank’s policy, in particular its unconventional operations; whereas the lack of credit affecting SMEs in some Member States is one of the main problems delaying the economic recovery;
Amendment 113 #
2014/2157(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the ECB has announced that it will purchase asset- backed securities (ABS) and covered bonds in order to empower the credit-easing impact of the TLTROs; stresses that such, in practice, interventions on ABS market must be conducted in a transparent manner that does not create excessive risks for the ECB’s balance sheetrepresent a potential vehicle for purchasing toxic assets held by the financial sector;
Amendment 131 #
2014/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the impact of the unconventional monetary policyfailure of what are known as unconventional measures, currently in use on the real economy should not be overombined with the austerity policiest imated; stresses that such measures are transitory in nature and that their main advantage is that they can give Member States time to consolidposed on the Member States, is still standing in the way of genuine policies to combate their fiscal situation and implement structural reforms that will create conditions for crisis and reinvigorate economic activity to rebound;
Amendment 142 #
2014/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that monetary policy alone cannot stimulate aggregate demand unless it is complemented by adequate fiscal and structural national reforms and policieStresses that a single monetary policy aimed at guaranteeing price stability, without any objectives in terms of economic growth, job creation and higher wages, is not capable of tackling the highly diverse economic situations in the Member States and is, on the contrary, one of the causes of the current crisis;
Amendment 162 #
2014/2157(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Maintains that the Statute, guidelines and sham independence of the ECB need to be changed, allowing all Member States to be represented on an equal footing in its governing body, so as to ensure that every Member State can control its national central bank and monetary policy, with a view to promoting economic growth and employment;
Amendment 186 #
2014/2157(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the SSM contributes to ensuring confidence in the euro area banking sector, and thus to financial stability; recalls that democratic accountability of the new SSM towards Parliament is crucial to ensuring the credibility of the new supervisory regime; stresses, therefore, the importance of the Interinstitutional Agreement between Parliament and the ECB, concluded in November 2013, on the practical modalities of the exercise of democratic accountability over the SSM, and of its full implementationrepresents a further step in the process of taking fundamental supervisory mechanisms away from countries and citizens;
Amendment 37 #
2014/2155(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. (a) Notes that the Commission is not very clear about the reasons for the increase in the number of irregularities as fraudulent. At first, the Commission states in its Communication that this mainly reflects the increased resources made available to various spending programmes, more programmes being implemented, and the fact that European institutions and national audit services are paying more attention to the management of funds, whereas elsewhere it argues that the most likely factor causing the increase is the fact that the EU institutions (the European Commission and Court of Auditors) and national services have paid more attention to and exercised greater control over the management of EU funds; (b) Requests the Commission to examine in more detail which are the main underlying reasons for the increase in irregularities; (c) Calls for proposals to reduce the number of spending programmes, in particular, when they partly overlap, and to target programmes, whenever possible, to Member States who are in need of support most, so that not all programmes necessarily benefit activities in all Member States;
Amendment 57 #
2014/2155(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that Member States which detect and report irregularities, including cases of fraud, on their own should be supported and encouraged to further improve their reporting and management systems, avoiding the counterproductive practice of ‘naming and shaming’ ; expresses concern at the Commission’s inability to establish whether or not the low number of irregularities and cases of fraud detected by certain Member States and the wide gaps in the number of cases reported for different years are due to the ineffectiveness of these Member States’ control systems;
Amendment 64 #
2014/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is of the opinion that effective action against corruption is possible if criminal law measures are complemented by other measures such as better transparency and accountability; insists, therefore, that Member States demonstrate firm political will in countering corruption and calls upon citizens to convincingly exert pressure on governments to vigorously pursue meaningful anti-corruption policies; urges the Commission to fulfil its obligations under the UN Convention Against Corruption and to submit regular reports on the implementation of this Convention by the EU institutions; Requests the Commission to submit a supplementary report to the European Parliament and the Council on the implementation by the European institutions of their internal anti- corruption policies;
Amendment 76 #
2014/2155(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to revert to interruptions and suspensions of payments only as a last resort for preventing irregularities since such measures increase the risk of errors due to the reduced time frames required for the proper absorption of EU funds; requests that the Commission report on the actual contribution from interruptions and suspensions of payments in reducing irregularities and errors;
Amendment 88 #
2014/2155(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. WelcomNotes the adoption of new working arrangements between OLAF and its supervisory committee and expects that they will contribute to better cooperation and mutual understanding between both bodiecalls for a speedy resolution of the remaining issues between these two institutions;
Amendment 1 #
2014/2150(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 21 #
2014/2150(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s commitment on cutting red tape and better regulation; believes that cutting red tape should deliver proportionate, evidence-based protection for workers, while ensuring that businesses can grow, create jobs and boost competitiveness; notes that deregulation and better regulation are not mutually exclusivebe evidence-based and under no circumstances diminish the protection for workers;
Amendment 37 #
2014/2150(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that remove complexity and can be implemented in a simple manner in order to improve compliance, particularly in the area of health, safety and employment legislation;
Amendment 47 #
2014/2150(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that legislation on employment and Health & Safety represents minimum standards of protection of workers which Member States can go beyond. The EU legislation will not be interpreted as maximum standards in situations in which these regulations can be seen as obstacles for competition in the single market;
Amendment 48 #
2014/2150(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Insists that a worker have the right to occupational health and safety protection and minimum working conditions regardless whether the workplace is in a small, medium-sized or large enterprise.
Amendment 59 #
2014/2150(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomesCalls on the Commission’s indication that to continue negotiations on the maternity leave directive should be considered for withdrawal;
Amendment 70 #
2014/2150(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to increase the protection of workers; in particular, calls the Commission to present a proposal on muscular skeletal disorders, environmental tobacco smoke and make necessary updates to carcinogens and mutagens.
Amendment 85 #
2014/2150(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesTakes note of the SME -test; calls on the Commission to use lighter regimes for micro-enterprises and SMEs and to consider exemptions for micro-enterprisesbelieves that micro-enterprises could be considered for exemption on a case-by-case -basis, while not compromising onleading to lower health, safety and employment standards;
Amendment 109 #
2014/2150(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures; as a consequence legislation needs to be better enforced;
Amendment 118 #
2014/2150(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Commission to continue to improve the legislative cycle and to introduce sunsetprotection of workers via employment and Health and Safety standards and that revision clauses to ensure that employment legislation is periodically reviewed;
Amendment 122 #
2014/2150(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Opposes the setting of a net target for reducing regulatory costs, as this ignores the aim pursued by regulation and its corresponding benefits;
Amendment 130 #
2014/2150(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to prioritise action in the fields of what have been identified asnot to use the ‘Top Ten’ most burdensome laws for SMEs, including as justification to review the working time and temporary agency directives; because the protection of workers must be guaranteed regardless whether the workplace is in a small, medium sized or large enterprise.
Amendment 137 #
2014/2150(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. There are no satisfactory criteria to measure "efficiency" and "costs; these terms are not adequate in terms of occupational accidents and disease. This could lead to decisions taken by administration and controllers thereby circumventing the legitimate democratic legislators;
Amendment 138 #
2014/2150(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the European Parliament to systematically review Commission impact assessments and review IMPAs analysis as early as possible in the legislative process, and to call for impact assessments on its own reports.
Amendment 156 #
2014/2150(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. "Simplification" and "burden reduction" are void of meaning in a situation which is ever more complex. New technologies and procedures could endanger the health of workers with requires new protection and this may be administrative burdens.
Amendment 157 #
2014/2150(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Questions the balance of representation of the High Level Group of Administrative Burdens (HLG) and its recommendations (24 July 2014), rejects its recommendations and asks for recognition of the Dissenting Opinion of four members of the HLG;
Amendment 114 #
2014/2145(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to the Commission’s autumn forecast, investment in the euro area decreased by 3.4 % in 2012, by 2.4 % in 2013 and by 17 % since the pre-crisis period, with the expected rebound rate in 2014 (0.6 %) and that anticipated for 2015 (1.7 %) being very weak; whereas a lack of investment can be just as detrimental to future generations as excessive public debt;
Amendment 118 #
2014/2145(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the euro area continues to be characterised by high and persistent current account imbalances, with surpluses reaching 10.4% of GDP in the Netherlands and 7.5% of GDP in Germany in 2013;
Amendment 125 #
2014/2145(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a European investment plan is being put in place to raiseguarantee almost EUR 31500 billion in newprivate investments with public funds over the next three years;
Amendment 170 #
2014/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the current economic situation calls for urgent, comprehensive and decisive measures to face the threat of deflation or very low invery low inflation and the threat of deflation, low growth and high unemployment;
Amendment 176 #
2014/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the current economic situation calls for urgent, comprehensive and decisive measures to face the threat of deflation or very low inflation, low growth and high unemployment as well as persistent current account imbalances and rising inequality;
Amendment 196 #
2014/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the fact that the current economic governance framework does not allow for a proper debate on the economic perspective of the euro area or on an aggregate fiscal stance and does not address the different economic and fiscal situations on an equal footing;
Amendment 210 #
2014/2145(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that public investment is crucial to correct structural imbalances within the European economy and ensure the transition towards a socially and environmentally sustainable economy;
Amendment 211 #
2014/2145(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that high surpluses in the core of the Eurozone, most notably in Germany, are just as alarming as high deficits in the Eurozone periphery and therefore insists that macroeconomic imbalances must be considered of joint responsibility;
Amendment 212 #
2014/2145(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Finds that changes in economic governance have not fostered European solidarity, but instead resulted in great tensions and divisions between income groups and between surplus and deficit countries.
Amendment 213 #
2014/2145(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Believes that internal devaluation such as wage restraint is just as harmful to the collective of the euro zone as excessive debt;
Amendment 228 #
2014/2145(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that major policy initiatives which included policy recommendations were based on economic forecasts that had not anticipated the low growth and inflation experienced and have not fully taken into account the underestimation of the size of the fiscal multiplier, the importance of spillover effects across countries in a period of synchronised consolidation and the deflationary impact of cumulative structural reforms, leading to the failure of those initiatives;
Amendment 250 #
2014/2145(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the current situation calls for closer and inclusive economic coordination (to increased aggregate demand, improve fiscal sustainability and allow for fair and sustainable structural reforms and related investments) and for swift reactions so as to correct the most obvious fault lines in the economic governance framework;
Amendment 262 #
2014/2145(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the crisis tools promoted and implemented by the European institutions and Member States have resulted in a decline in internal demand and consumption, which has subsequently led to deflation, negative growth and an increase in unemployment, particularly among young people;
Amendment 269 #
2014/2145(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Warns that the accumulation of procedures makes the economic governance framework complex and not transparent enough, which is detrimental to the ownership and acceptance by parliaments, social partners and citizens of guidelines, recommendations and reforms stemming from this framework;economic governance framework undermines the relevance of democratic choices made at the national and local level which is in contradiction with the primacy of local parliaments, social partners and citizens.
Amendment 286 #
2014/2145(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that the economic governance framework has not been able to alleviate the negative social impacts of the crisis and has in some cases prolonged the crisis for ordinary people;
Amendment 289 #
2014/2145(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 314 #
2014/2145(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines all the existing provisions under the Stability and Growth Pact (SGP) which have been put in place to ensure an anti counter-cyclical policy; finds it regrettable that these provisions were not put to full use in previous years, in the context of low inflation, low growth and high unemployment, even more so in the case of the countries under adjustment programmes;
Amendment 330 #
2014/2145(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomNotes the fact that in its interpretative communication on flexibility, the Commission acknowledges that the way in which the current fiscal rules are interpreted is crucial in bridging the investment gap in the EU and implementing growth-enhancing structural reforms;
Amendment 338 #
2014/2145(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers however that persisting poor economic performance should lead to a serious debate on those fiscal rules and their capacity to serve economic performance, job creation and fiscal sustainability;
Amendment 339 #
2014/2145(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Insists that the economic governance framework - in particularly the SGP - must not prevent Member States from adopting the necessary counter-cyclical actions aimed at stimulating internal demand, countering high unemployment, social exclusion and low growth;
Amendment 343 #
2014/2145(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports all the incentives to finance the new European Fund for Strategic Investments (EFSI), mainly by making national contributions to the fund fiscally neutral as regards the SGP; calls for further clarification regardnew investments. Believes that all investment should be regarded as fiscally neutral as regards the SGP. Believes, however, that the primacy of private investors ing the concrete European Fund for Streatment of these contributions in accordance with the new paradigm set out in the communication;egic Investments (EFSI) implies an unequal distribution of risks which puts additional costs on taxpayers
Amendment 372 #
2014/2145(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the communication righdoes not sufficiently broadens the scope of the investment clause, and does not allowing for sufficient flexibility in the preventive arm of the SGP to accommodate investment programmes by the Member States, in particular as regards expenditure on projects under structural and cohesion policy, including the Youth Employment Initiative, trans- European networks and the Connecting Europe Facility, and co-financing under the EFSI; believes that this approach must be urgently reassessed to be symmetrically applied to; believes that this approach must be urgently reassessed, both in terms of broadening the scope to all investment programmes and of a similar treatment in the corrective arm of the SGP;.
Amendment 383 #
2014/2145(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 403 #
2014/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that structural reforms should be designed by national parliaments and governments, with full knowledge of each country's specific challenges and respect for the choices of its elected officials, and should have a positive socioeconomic return and contribute to increased administrative capacity;
Amendment 415 #
2014/2145(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deplores, however, the fact that the communication does not touch upon the nature of ‘'unusual events’' falling outside the control of a Member State which could allow it to temporarily depart from the adjustment path towards achieving its MTO, leaving an unacceptable margin for discretion for european institutions and paving the way for the different treatment of similar situations;
Amendment 435 #
2014/2145(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that morethere is no room for flexibility and soft laws exists under the SGP and in the European Semester; invites the Commission to build on this flexibility and to propose rule changes where neededUnderlines that economic performance in the Euro area as a whole, and in the peripheral economies in particular, strongly requires a new and flexible approach; invites the Commission to propose rule changes that allow for flexible ways of reaching economic, social and environmental sustainability;
Amendment 453 #
2014/2145(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission and the Council to better articulate the fiscal and macroeconomic frameworks, notably in the corrective arm of the SGP, to allow for earlier debate among stakeholders, taking into account the need to increase convergence between euro area Member States and the role of national parliaments and social partner and social partners and deliberation by national parliaments regarding the design and implementation of structural reforms;
Amendment 470 #
2014/2145(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists that the Annual Growth Survey (AGS) and euro area recommendation must be better designed and put to better use to allow for a global economic debate, notably as regards convergence in the euro areathe structural flaws and inequalities in the euro area and the rise in unemployment and social exclusion; proposes that the country-specific recommendations (CSRs) should be established on the basis of striking a better balance between the AGS and the macroeconomic imbalance procedure (MIP), and suggests that the euro area recommendation should be madenon- compulsory following a proper debate with the European Parliament, with incentives being offered so as to encourage the implementation thereof; requests that the excessive deficit procedure (EDP) recommendation be joined together with the CSRand preceded by a proper debate in National and European Parliaments;
Amendment 488 #
2014/2145(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Asks the Commission to verify whetherConsiders that the current 1/20 rule on debt reduction is sustainable and whether it needs to be reconsidernot viable for many of the member states and should be revoked;
Amendment 511 #
2014/2145(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission's to make the three-pillar strategy (investment, fiscal rules and structural reforms), presented in the AGS 2015, more concrete under the euro area recommendation and in the CSRs and to strengthen its approach by building a fourth pillar on taxation, with a particular focus on european-wide tax evasion, avoidance and arbitrage;
Amendment 569 #
2014/2145(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Commission to take into account all relevant factors, including real growth and, inflation and unemployment, when evaluating the economic and fiscal situations of Member States under the EDP;
Amendment 598 #
2014/2145(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, when evaluating the fiscal position of Members States, to include a better balance betweenassessment of the impact of the agreed fiscal measures and the fiscal figures based on estimated potential growth for GDP, output gaps and structural deficits that may introduce unexpected radical change at a later stage;on GDP growth, drawing from the experience of consistently optimistic forecasts for adjustment countries and the debate on the fiscal multiplier.
Amendment 614 #
2014/2145(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes there is a strong need for less complexity, better ownership, more transparency and democracy in economic governance; believes that looking forward towards deeper integration cannot be achieved by adding a new layer of rules to the already existing ones or by imposing economic policies on elected national governments or parliaments;
Amendment 624 #
2014/2145(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Acknowledges, based on the current situation, that the economic governance framework must be corrected and completed in both the medium and long term to allow for the EU and the euro area to meet the challenges of growth, economic convergence, long- lasting investment, job creation and reliance;
Amendment 662 #
2014/2145(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls for a new legal framework and a policy shift for future assistance programmes in order to ensure that all decisions are taken under the responsibility of the Commission with full and real involvement of European and National Parliament;
Amendment 687 #
2014/2145(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Requests that a reassessment of the Eurogroup’s decision-making process be conducted so as to provide for appropriate democratic accountability; believes that in the long term the Commissioner for Economic Affairs should assume the role of President of the Eurogroup;
Amendment 697 #
2014/2145(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls that a ‘the realisation of a 'genuine Economic and Monetary Union’' (EMU) cannot simply be limited to a system of rules but also requires an increased euro area fiscal capawould require political and democratic support of a transfer union which is nowhere to be found in the EU. As it stands, the EMU will continue to exacerbate the macroeconomic imbalances within the Eurozone, leading to excessive surpluses and corresponding excessive deficity;s
Amendment 711 #
2014/2145(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 751 #
2014/2145(INI)
Motion for a resolution
Paragraph 37 – indent 1
Paragraph 37 – indent 1
– a ‘taxation union’commitment to European-wide measures against tax fraud and evasion and corporate tax dumping,
Amendment 766 #
2014/2145(INI)
Motion for a resolution
Paragraph 37 – indent 2
Paragraph 37 – indent 2
– a social dimension, including a minimum wage mechanism and a minimum unemployment benefit scheme for the euro area and in-depth reforms to favour mobilityreduce income inequalities,
Amendment 796 #
2014/2145(INI)
Motion for a resolution
Paragraph 37 – indent 4
Paragraph 37 – indent 4
– a euro area fiscal capacity notably to finance counter cyclical actions, structural reforms or part of debt reduction;
Amendment 1 #
2014/2139(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Regrets in this regard, the lack of visibility and democratic accountability of the Agencies, as they are generally not well known with citizens and are vulnerable in respect of external influences from specialist lobbyists, in particular from those representing big businesses;
Amendment 7 #
2014/2139(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds that the reputational risk related to the agencies is high for the Union, as they are highly visible in the Member States and have significant influence on policy and decision making and programme implementation in areas of vital importance to the Union citizens;
Amendment 15 #
2014/2139(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes from the Court’s summary that a high level of committed appropriations carried over remains the most frequent issue of the budgetary and financial management and that that issue concerned 24 agencies; acknowledges that, although a high level of carryovers is usually considered to be at odds with the budgetary principle of annuality, it often resulted from events which were, completely or partly, beyond the agencies’ control, or was justified by the multiannual nature of operations, procurement procedures or projects;
Amendment 16 #
2014/2139(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note that thein seven cases, the Court of Auditors still noted a high level of cancellations of carryovers from previous years was noted by the Court only in seven cases; observes that such carryovers indicate that the appropriations carried over were made on the basis of over-estimated needs or were otherwise not justified; acknowledges from the Network that the level of cancellation is indicative of the extent to which the agencies have correctly anticipated their financial needs, and is a better indicator of a good budgetary planning than the level of carryovecalls upon the Network to do everything in its power to prevent future carryovers, in particular concentrating on those Agencies, that cancelled carryovers from previous years;
Amendment 18 #
2014/2139(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Regrets the fact that in the case of EIT and Frontex, the Court of Auditors still had to issue qualified opinions on the legality and regularity of the transactions underlying their accounts; is concerned by the still high number (97) of comments by the Court of Auditors affecting 35 agencies; urges the Network to see to it that the agencies concerned take all necessary measures to follow up on the Court's observations;
Amendment 22 #
2014/2139(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 27 #
2014/2139(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that the Guidelines are not legally binding on the Agencies and calls upon the Commission to examine how more binding agreements with the Agencies can be concluded to promote transparency and to avoid conflicts of interest;
Amendment 32 #
2014/2139(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Notes, however, that seconded national experts, external and interim staff are not specifically mentioned in the guidelines and that especially in the case of so-called independent experts, there is still room for interpretation, for example, in the case of academics who have also undertaken research for individual companies or the business community at large; calls upon the Network to ensure a harmonised approach in this respect, which will also prevent any indirect conflicts of interest;
Amendment 11 #
2014/2086(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 12 #
2014/2086(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 16 #
2014/2086(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 5 #
2014/2078(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;
Amendment 35 #
2014/2078(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the implementing measures for the Code of Conduct for Members were adopted by the Bureau on 15 April 2013; is, however, concerned by the lack of implementation and differences of interpretation as reported by a coalition of NGOs[1] and calls for a strengthening of the position of the Advisory Committee by providing it with a right of initiative to start random checks of the declarations of interests provided by Members; [1] ALTER-EU: Mind the Gap (http://www.alter- eu.org/sites/default/files/documents/Mind %20the%20Gap%20briefing.pdf)
Amendment 36 #
2014/2078(DEC)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Furthermore, recommends the Bureau to consider augmenting the existing remedies and/or sanctions and applying these when conflicts of interest occur and to consider the current Code of Conduct as a rolling document which shall be clarified or modified in the light of any issues identified by the Advisory Committee or the Bureau itself; calls, in particular, for a clarification to the extent that it should be prohibited that entities involved in lobbying give support in terms of staff to Members;
Amendment 37 #
2014/2078(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that Members must be more transparent about the on-the-side activities they do while in public office; recalls, however, that Members, similarly to Members of national parliaments, do not have an exclusive mandate and may therefore exercise other professional activities; is of the opinion that a more comprehensive declaration template for Members would help to increase transparency and avoid potential conflicts of interests; requests the Secretary- General to set up a public database, to be accessible through the Parliament's website, of all the on-the-side activities of individual Members;
Amendment 42 #
2014/2078(DEC)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Regrets that until now the General Expenditure Allowance for Members is considered as a lump-sum amount and that there are no precise rules for the expenditures that may be covered by the Allowance; is astonished that Members do not have to account for the way they have used the allowance and that for Members who wish to do so, verification of their accounts by the internal auditor of the Parliament is not possible; calls for further clarifications in respect of the type of expenditure the GEA is to be used for and for the introduction of obligatory annual reporting by the Members of their expenditures paid out of the GEA, or, failing that, for at least opening a procedure for verification of the Members' accounts on a voluntary basis;
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 3 #
2014/2077(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the specific development policy objectives must be safeguarded under the EEAS; emphasises that other considerations such as trade policy and foreign and security policy considerations should not cut across the Union's development priorities;
Amendment 11 #
2014/2077(DEC)
Motion for a resolution
Recital I
Recital I
I. whereas direct budget support remains highlcarries a considerable fiduciary risky as money introduced into the general budget of the state/country cannot be sufficiently monitored.nd should be given only if it provides sufficient transparency and accountability;
Amendment 43 #
2014/2077(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is of the opinion that the Commission has to strongly support the development of parliamentary control and oversight bodies and capabilities in beneficiary countries; insists that an independent national audit body must be a condition for granting budget support;
Amendment 1 #
2014/2075(DEC)
Proposal for a decision 1
Citation 7 a (new)
Citation 7 a (new)
- having regard to the various decisions and recommendations of the Ombudsman concerning the Commission, together with the institutions' implementation of her recommendations in the interests of citizens;
Amendment 5 #
2014/2075(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points up the fact that, under Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/19991a, monies from the European Social Fund may not be used to relocate jobs from one Member State to another; insists that the Commission and Member States carry out proper checks to make sure that EU monies are not misappropriated in that way; _____________ 1a OJ L 263, 7.10.2011, p. 22.
Amendment 26 #
2014/2075(DEC)
Motion for a resolution
Recital B
Recital B
B. whereas, especially in a situation of scarce resources, greater importance should be attached to the need to observe budgetary discipline and to use funds economicallythe Commission should lead by example by showing the European added value of its expenditure and by making sure that the funds for which it carries shared or full responsibility, are spent in accordance with the applicable financial rules and regulations;
Amendment 93 #
2014/2075(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsiderRegrets furthermore that those measures have still a limited impact on the Union budget since more than 40% of the financial corrections implemented in 2013 are not considered as assigned revenue84 but may be used by the same Member States having caused these corrections in cohesion policy, thus undermining the preventive effect of financial corrections; __________________ 84 See Commission communication COM(2014)0618, table 5.2: withdrawals in cohesion (EUR 775 million), rural development recoveries (EUR 129 million) and financial corrections implemented by de commitment /deduction at closure be it in cohesion policy (EUR 494 million of euro) or in the other policy areas than agriculture and cohesion policies (EUR 1 million).
Amendment 137 #
2014/2075(DEC)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Urges the Commission to submit a recommendation to the Council and the European Parliament to promote the use of national declarations in line with the recommendations contained in the inter- institutional working group for the establishment and use of national declarations;
Amendment 225 #
2014/2075(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79a. Notes that the Commission states in its reply to the Court of Auditors that for the 2014-2020 programming period, the legal framework has been simplified, and requests the Commission to report by the end of 2015 how these simplification measures worked out in practice, and which additional measures could be taken with regard to any remaining complex rules and eligibility conditions;
Amendment 242 #
2014/2075(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Recognises that as the largest source of Union funds to regions, localities and enterprises, representing 29% of the total Union budget in 2013 - regional policy has aimed at assisteding Member States to conciliate their fiscal consolidation constraints with the support toengage in long-term investments strategies which are necessary to recover from the crisis and return to a job-creating growth (EU2020 objective 1); regrets, however, that for the measurement of the national budget deficit in the context of European economic governance, long-term investments have not been exempted, thus making it extremely difficult for Member States to engage in any such investments, despite the potential support through the ERDF and CF, taking into account that these funds require co-funding by Member States for their projects;
Amendment 271 #
2014/2075(DEC)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Takes note that the Courts of Auditors methodology has to be consistent and applied to all management areas; understands that further alignment could lead to inconsistencies in the Court of Auditors' definitions of an illegal transaction in direct and shared management;
Amendment 290 #
2014/2075(DEC)
Motion for a resolution
Paragraph 118
Paragraph 118
118. Is worried about theNotes the delays in and lack of implementation of the priority projects in Greece under the Task Force management; notes that 48 priority projects have to be accelerated; notes that the main problems are, according to the Commission: (a) delays at maturation stage, (b) delays in licensing, (c) dissolution of contracts due to lack of liquidity of contractors and (d) lengthy court appeals during awarding procedures; calls therefore on the Commission to provide an updateconsiders that this may be explained, at least partly, because these projects were not demand driven or had unrealistic ambitions to begin with, and therefore calls upon the Commission to reconsider the working methods onf the priority projects for the 2013 follow-up reportTask Force and to recognise the need for broad public support for these projects;
Amendment 303 #
2014/2075(DEC)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Notes that the Union-financed the modernisation of a water distribution network in Skorkov (CZ) with EUR 1,1 million; is concerned about the fact that the communal authorities have let the exploitation of the water distribution system to a company which already manages the local sewerage system; notes that the latter was also co-financed with EUR 1,4 million from Union funds and that the price for the supply of drinking water increased by 45 %; notesconsiders that drinking water is a public good and that all citizens whose water quality is inferior must therefore continue to use local wells; calls on the Commission to ensure the success of the project; supports the establishment of an independent water authorityneed to have access to high quality drinking water at a reasonable price; calls on the Commission to ensure that Union-financed projects do not directly or indirectly limit access to high quality drinking water;
Amendment 360 #
2014/2075(DEC)
Motion for a resolution
Paragraph 151 a (new)
Paragraph 151 a (new)
151a. Asks the Commission to submit a special report on the added value of budget support and, in particular, on the way it has helped developing countries in realising the Millennium Development Goals; requests in this regard a survey of measures taken to avoid part of the funding to be wasted as a result of corruption and fraud and of the effectiveness of financial management systems in this regard;
Amendment 422 #
2014/2075(DEC)
Motion for a resolution
Paragraph 181
Paragraph 181
181. Notes the Commission replies on the progress made in implementing the Galileo project: four Galileo In-Orbit Validation (IOV) satellites were successfully launched in 2011 and 2012, the Galileo In-Orbit Validation phase was successfully concluded in 2014, the system design, the performance targets and the baseline for system operation were successfully confirmed, the ground infrastructure, with many groundIs concerned about the costs of the Galileo system which are estimated at €13 million will become yet higher because of the failure to correctly launch the latest two stations worldwide, has been completed for the initial operations, the Galileo Search-and- Rescue capability of the IOV-satellites was successfully demonstrated, the launch of two satellites (no. 5 and 6) on 22 August 2014 resulted in an injection of these satellites into incorrect orbit, and since December 2014 the satellites have been gradually moved to a more favourable orbit to allow their best possible use, and the testing of the satellites' navigation payload is on-going; expects to be informed about additional costs for these unforeseen measuresellites; considers that due to the ever-increasing costs of Galileo and taking into account that in 2007 the EU stepped into the project after a consortium of eight European companies withdrew their investment as they considered it not financially sound, there is every reason to re-examine the usefulness of this project;
Amendment 2 #
2014/2059(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union,
Amendment 16 #
2014/2059(INI)
Motion for a resolution
Recital C
Recital C
Amendment 29 #
2014/2059(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in the context of persistently high debt and unemployment levels, low nominal GDP growth, and the challenges of an ageing society and of supporting job creation, particularly for young people, fiscal consolidation must continue in a growth-friendly and differentiated mannergrowth and job creation policies are the crucial pre- conditions to fiscal consolidation;
Amendment 34 #
2014/2059(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the priorities for this year’s European Semester were established by the European Council in March, and were reconfirmed in June; whereas the emphasis is on policies that enhance competitiveness, support job creation and fight unemployment, and on the follow-up to reforms to improve the functioning offurther deregulate labour markets;
Amendment 40 #
2014/2059(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the global financial crisis and the sovereign debt crisis in the EU have significantly hampered access byausterity policies have significantly hampered demand, restricting the flow of credit to small and medium-sized enterprises (SMEs) to financial resources;
Amendment 55 #
2014/2059(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the fact that economic recovery in the EU is under way; reiterates, howgrowth in the EU has stagnated, with 0,2% in the 2nd semester of 2014. Furthermore, ever,n that this recovery is fragile and uneven, and must be sustained in orderis stagnation scenario is uneven, with several member-states in recession. In any case, austerity policies are failing to deliver more growth and jobs in the medium term;
Amendment 59 #
2014/2059(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that even this extremely low growth was only possible because of 0,3% rise in household consumption, showing the importance of a shift from labour market deregulation to demand-oriented policies and wages increases;
Amendment 72 #
2014/2059(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the ambitiousNotes the structural reforms implemented by Member States under the macroeconomic adjustment programmes; finds it regrettable that the Member States in the rest of the euro area are less ambitious in modernising their economies, which is one of the reasons for the low growth prospects in the medium and long term which have caused recession, huge rises in unemployment and also public debt relative to GDP;
Amendment 76 #
2014/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the abovementioned mild decline inIs concerned with the persistently high unemployment rates in the EU; recalls, howemoreover, that the Europe 2020 strategy accurately states that the figure to watch is the employment rate, which indicates the availability of human and financial resources to ensure the sustainability of our economic and social model; asks that the slowdown in the unemployment rate not be confused with the recovery of lost jobs, as no account is taken of increased emigration or forced early retirement; asks that the deterioration in job quality, including rising involuntary part-time and temporary employment, and involuntary self-employment, are given adequate consideration;
Amendment 89 #
2014/2059(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses, therefore, the importance of continuing the process of deep and sustainable structural reformshifting from austerity to public investment and demand-oriented policies to deliver on growth and jobs; reiterates, in this connection, the fact that the EU cannot compete on costs alone, but needs to invest more in research and development, education and skills, and resource efficiency, both at national and European level;
Amendment 96 #
2014/2059(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Insists that the Commission refrains from interfering in wage-setting mechanisms in Member States; wage- setting must remain the prerogative of the autonomous social partners, or by similar means, specific to the individual Member States;
Amendment 100 #
2014/2059(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines, once again, the fact that the overall indebtedness of Member States in the euro area was worsened by austerity policies; Notes that this situation is not only an obstacle to growth but also puts a huge burden on future generations;
Amendment 106 #
2014/2059(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates, therefore, the fact that Member States should pay particular attention when devising economic policies and reforms as regards the impact on future generations not to deprive young people of theirjob opportunities from th, decent work and welfare starte;
Amendment 112 #
2014/2059(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States, as a matter of urgency, to exclude productive investments, for instance in green growth, infrastructure, education or research and development, from the deficit targets established under EU and national rules;
Amendment 115 #
2014/2059(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that welfare services are essential for the social cohesion in Member States and that they play a crucial role in maintaining a well- functioning workforce; calls, therefore, on the Commission and the Member States to immediately exclude welfare spending from the deficit targets established under EU and national rules;
Amendment 121 #
2014/2059(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 134 #
2014/2059(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the 2014 package of country- specific recommendations (CSRs) by the Commission; notesIs puzzled by the Commission’'s assessment that some progress has been achieved in sustaining fiscal consolidation and structural reform, particularly in reforming labour marketswhen the opposite has occurred;
Amendment 141 #
2014/2059(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the objective of placing emphasis on policies that enhance competitiveness, support job creation, fight unemployment and improve the functioning of the labour market; Notes however that emphasis on labour market and "competitiveness" that has inspired those policies has failed to deliver on any those objectives;
Amendment 154 #
2014/2059(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls, however, that Member States’ track record of implementing the CSRs is very lowariable; believes that there is an inconsistency between European commitment and national implementation of the CSRs by Member States; stresses the importance of ‘national ownership’ by the relevant governments of EU-level commitmentrespecting the sovereignty of elected governments and deplores persistent attempts by the Commission to put pressure or override national institutions;
Amendment 175 #
2014/2059(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the fact that a number of CSRs are based on EUhave no legal actbasis and that failure to act upon them may result in legal procedures; reminds Member States to deliver on their legal obligations under EU laware examples of interference of the Commission on national policies;
Amendment 181 #
2014/2059(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission, as guardian of the Treaty, to make full use of all measures provided for in EU law to support the enforcement of the implementation of the CSRsto assess the results of the implementation of the CSRs and other European policies on eurozone economic performance and evaluate the impact of its guidelines on growth and job creation;
Amendment 190 #
2014/2059(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Requests that the Commission report on a quarterly basis in Parliament’s competent committee on the measures taken to ensure progress on the implementation of the CSRs and on the progress achieved thus far; invites Member States to explain the reasons for non- compliance with the CRSs in Parliament’s competent committee; suggests that the economic results of complying member- states are compared with those of non- complying ones;
Amendment 192 #
2014/2059(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the President of the Eurogroup to effectively monitor the implementation of the CSRs by the Member States of the euro area, and to report on the progress made and the results as part of the assessment by the Eurogroup of the draft 2015 budgetary plans, to be submitted by mid-October 2014 by the Member States concerned;
Amendment 214 #
2014/2059(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Encourages Member States to overcome domestic political opposition to modernise their economies,strengthen their public social security systems and health care, in order to avoid placing an excessive burden on future generationsrobbing future generations of the welfare state;
Amendment 248 #
2014/2059(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses, once again, its call on Member States to simplifyrove the redistributive capacity of their tax systems and reiterates its call to shift taxes from labour to consumption to make the use of resources more efficient and sustainablrevenue; calls on the Commission to take urgent action and develop a comprehensive strategy based on concrete legislative measures to fight tax fraud and tax evasion banning tax heavens and creating and a minimum corporate tax rate in the eurozone;
Amendment 264 #
2014/2059(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates the fact that structural reforms must be complemented by longer- term investment in education, research, innovation and sustainable energy; stresses, however, the fact that private investment is more conducive to growth than public investment;
Amendment 273 #
2014/2059(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that government-induced growth risks being unsustainable over the medium term; stresses the fact that the already high levels of public debt do not allow for a significant increase in spending, if the reform and consolidation efforts are not to be in vainin a liquidity trap scenario, with historically low levels of credit to the real economy, even unconventional monetary policy will prove ineffective without public expenditure and investment; stresses the fact that austerity reforms and consolidation efforts proved counter- productive, particularly in the countries under the adjustment programmes which have consistently failed all consolidation objectives;
Amendment 310 #
2014/2059(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines the fact that a lack of access to finance, particularly for SMEs, poses a huge obstacle to growth in the EUSMEs main obstacle is a depressed demand;
Amendment 315 #
2014/2059(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 350 #
2014/2059(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses the need to strengthen democratic accountability to the European Parliament and the national parliaments as regards essential elements of the euro area’s operation, such as the European Central Bank, the European Stability Mechanism, Eurogroup decisions, and the monitoring and evaluation of financial assistance programmes;
Amendment 2 #
2014/2040(BUD)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Maintains that the 2015 budget, as regards the matters falling within the terms of reference of this committee, is cast in the same ideological mould as the EU now being built along federalist, neo- liberal lines, which is seeking to impose one governance model on all Member States, regardless of their specific nature and their level of development;
Amendment 3 #
2014/2040(BUD)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that, accordingly, greater amounts are being allocated for analysis and control of the policies that the EU is imposing on its Member States;
Amendment 4 #
2014/2040(BUD)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Deplores the fact that the EU as such and coordination, supervision, and communication related to EMU in particular are accounting for a growing volume of expenditure, which is thus fuelling the propaganda machine – covering the European area and extending into non-EU countries – whose purpose is to disseminate the values of the current European model, even though these have already been rejected several times by referendum;
Amendment 12 #
2014/2040(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Condemns the fact that greater amounts are being earmarked for international economic and financial affairs, or what is termed financial assistance, which follows the EU approach of encroaching on the sovereignty of nation-states, but is serving merely to impose structural reforms and open the door to multinationals;
Amendment 13 #
2014/2040(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that, faced with the financial crisis in the banking sector brought about by serious flaws in the workings of the market, the EU is responding with supervision by various agencies, in the hope that it can, by that shift, resolve inconsistencies inherent in the system;
Amendment 26 #
2014/2040(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes, however, that the response to the financial crisis in the banking sector, brought about by serious flaws in the workings of the market, is taking the form of supervision by various agencies, but the 2015 budget is completely overturning that approach by cutting the amounts earmarked for supervision, thus limiting the technical and human resources available to perform that task and creating an undoubted contradiction that is bound to cause confusion among the public about the EU’s real aims;
Amendment 42 #
2014/2040(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Objects to this budget, therefore, as it will not help to resolve any of the serious problems affecting the EU and its Member States and, indeed, constitutes a further stage in a policy that is causing the present economic stagnation, unemployment, and social inequalities.
Amendment 4 #
2014/2010(ACI)
Proposal for a decision
Paragraph 1
Paragraph 1
1. Considers the proposed modification of the Agreement of 23 June 2011 to be a reasonablesmall step forward at the present stage;
Amendment 8 #
2014/2010(ACI)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Calls on the Commission to submit, by the end of July 20165, a legislative proposal for the establishment of a mandatory register on the basis of Article 352 TFEU;
Amendment 17 #
2014/2010(ACI)
Proposal for a decision
Paragraph 7 – indent 3 a (new)
Paragraph 7 – indent 3 a (new)
– hiring unregistered entities, such as unregistered consultancies, law firms or other middlemen, for eligible activities in order to avoid transparency obligations;
Amendment 18 #
2014/2010(ACI)
Proposal for a decision
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that the Code of Conduct attached to the Joint Transparency Register and the Code of Conduct for Members should be amended in order to ensure that Members do not enter into any kind of agreement or contractual relationship with an external body to either fund or directly employ individuals within a Member’s staff;
Amendment 20 #
2014/2010(ACI)
Proposal for a decision
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers, however, that the involvement of law firms in lobbying activities is significant; Believes therefore that the Parliament should maintain and publish a regularly updated list of the unregistered law firms that lobby the Parliament;
Amendment 37 #
2014/2010(ACI)
Proposal for a decision
Paragraph 13
Paragraph 13
13. Asks former Members of Parliament to comply with the relevant provisions1 when carrying on activities falling within the scope of the Transparency Register; Believes that in these situations, former Members may not use their Members’ badge to access the Parliament building; ______________ 1 Quaestors' ordinary meeting held on Thursday, 19 April 2012, PV QUAEST.
Amendment 39 #
2014/2010(ACI)
Proposal for a decision
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Requests that in the next revision of the Joint Transparency Register, registered organisations are obliged to disclose employment of former Members of the European Parliament and EU officials during the first years after their engagement with the EU institution has terminated;
Amendment 43 #
2014/2010(ACI)
Proposal for a decision
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to follow the example of the Parliament and introduce by the end of 2014 strong incentive measures in order to enhance participation in the Joint Transparency Register, including: – limit meetings with unregistered interest representatives to a minimum; – ban unregistered interest representatives from participating in the Commission’s Advisory bodies and expert groups; – restrict the participation of Commissioners and Commission officials in meetings and events organised by unregistered interest representatives; – limit the possibility to host or co-host a meeting or an event in Commission’s buildings to registered organisations; – change its current rules of funding so that unregistered interest representatives covered by the scope of the Register are not eligible for EU funding;
Amendment 46 #
2014/2010(ACI)
Proposal for a decision
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Commits itself to a full and ambitious review of the Joint Transparency Register in the autumn of 2015; Believes the review process should be a fully transparent parliamentary process, as well as allowing for a broad and inclusive public consultation;
Amendment 48 #
2014/2010(ACI)
Proposal for a decision
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Expects that the annual report on the operation of the Joint Transparency Register will include an analysis of the progress made in terms of coverage and quality of entries;
Amendment 19 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EU, Euratom) No 966/2012
Article 99 – paragraph 5
Article 99 – paragraph 5
(1a) Article 99(5) is replaced by the following: '5. Each year the institution shall forward a report to the European Parliament and the Council containing a summaryon internal audits carried out, including information ofn the number and type of internal audits carried outthese audits, the recommendations made and the action taken on those recommendations.'
Amendment 20 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 101 – paragraph 9
Article 101 – paragraph 9
Amendment 22 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 103 – paragraph 4
Article 103 – paragraph 4
Amendment 23 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 104 – paragraph 5
Article 104 – paragraph 5
Amendment 24 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 105 – paragraph 3
Article 105 – paragraph 3
Amendment 28 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 3 – subparagraph 1
Article 106 – paragraph 3 – subparagraph 1
3. Except for cases provided for in point (d) of paragraph 1, the contracting authority may decide not to exclude the economic operator concerned where it has taken remedial measures to demonstratesafeguarding its reliability.
Amendment 29 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 8
Article 106 – paragraph 8
Amendment 30 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 107 – paragraph 2
Article 107 – paragraph 2
Amendment 37 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
4a. In order to determine the exclusion and its duration and/or financial penalties in compliance with the principle of proportionality, the panel shall take into account in particular the seriousness of the situation, including the impact on the Union's financial interests and image, its duration and its recurrence, the intention or degree of negligence and the measures taken to remedy the situation or any other mitigating circumstances.
Amendment 39 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 8
Article 108 – paragraph 8
Amendment 41 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 110 – paragraph 3
Article 110 – paragraph 3
Amendment 42 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 111 – paragraph 6
Article 111 – paragraph 6
Amendment 43 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 112 – paragraph 2
Article 112 – paragraph 2
Amendment 44 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Amendment 45 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU, Euratom) No 966/2012
Article 114a – paragraph 3
Article 114a – paragraph 3
Amendment 46 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU, Euratom) No 966/2012
Article 115 – paragraph 2
Article 115 – paragraph 2
Amendment 47 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU, Euratom) No 966/2012
Article 116 – paragraph 4
Article 116 – paragraph 4
Amendment 48 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EU, Euratom) No 966/2012
Article 117 – paragraph 2
Article 117 – paragraph 2
Amendment 49 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EU, Euratom) No 966/2012
Article 118 – paragraph 3
Article 118 – paragraph 3
Amendment 50 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EU, Euratom) No 966/2012
Article 119 – paragraph 2
Article 119 – paragraph 2
Amendment 52 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 163 – paragraph 1 – subparagraph 2
Article 163 – paragraph 1 – subparagraph 2
(11a) In Article 163(1) subparagraph 2 is be replaced by the following: The institution or the body concerned shall inform the Court of Auditors, within two and a halfone months of transmission of those observations, of any replies it wishes to make in relation to those observations.
Amendment 56 #
2014/0180(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EU, Euratom) No 966/2012
Article 191 – paragraph 4
Article 191 – paragraph 4
Amendment 1 #
2014/0170(NLE)
Motion for a resolution
Recital Aa (new)
Recital Aa (new)
whereas more than half of the Lithuanians polled in May 2013 voiced misgivings at the introduction of the euro;
Amendment 2 #
Amendment 5 #
2014/0170(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. EndorsNotes the adoption of the euro by Lithuania on 1 January 2015;
Amendment 6 #
2014/0170(NLE)
Motion for a resolution
Paragraph 3a (new)
Paragraph 3a (new)
3a. Regrets that the Lithuanian Government has adopted the euro without consulting the Lithuanian people through a referendum;
Amendment 7 #
2014/0170(NLE)
Motion for a resolution
Paragraph 3b (new)
Paragraph 3b (new)
3b. Believes that the euro is inherently flawed and has exacerbated the imbalances between euro-zone countries which in turn has reinforced the sovereign debt crisis;
Amendment 8 #
2014/0170(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomNotes the fact that, according to the Convergence Report, in the year ending in April 2014 Lithuania had a mean inflation rate of 0.6%, and therefore fulfils this convergence criterion;
Amendment 9 #
2014/0170(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the fact that, according to the Convergence Report, in the reference year 2013 Lithuania had a budget deficit of 2.1% and a government debt of 39.4% of Gross Domestic Product, and therefore fulfils this convergence criterion; notes the fact that to meet the criteria, severe austerity measures such as increased retirement age and cuts in public servants' salaries have been put forward which has caused high unemployment to 12.40% in the first quarter of 2014 and increased income inequality;
Amendment 10 #
2014/0170(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the fact that, according to the Convergence Report, there have been no tensions surrounding the litas-euro exchange rate and Lithuania therefore fulfils this convergence criterion;
Amendment 12 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WelcomNotes the fact that, according to the Convergence Report, during the reference period from May 2013 until April 2014 long-term interest rates in Lithuania averaged 3.6%, and Lithuania therefore fulfils this convergence criterion;
Amendment 18 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Is concerned that the implemented austerity policies under the convergence criteria have caused mass emigration of Lithuanians and increased the income inequality; stresses that austerity should not be a model for accession to the euro or for the current euro-zone countries;
Amendment 19 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7b (new)
Paragraph 7b (new)
7b. Regrets the transposition of the Fiscal Compact Treaty into the Lithuanian Constitution;
Amendment 81 #
2014/0124(COD)
Proposal for a decision
Recital 2
Recital 2
Amendment 136 #
2014/0124(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The implemented fiscal consolidation dictated by the EU through both the European Semester and the Troika aggravates the problem of undeclared work. Undeclared work is not a worker’s choice but very often his/her only alternative to receive income
Amendment 318 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The Platform shall also encourage the Member States to: (a) combat non-permanent employment conditions for the performance of tasks corresponding to permanent needs, promoting stable and lasting contractual conditions; (b) combat forms of undeclared and illegal work and labour trafficking; (c) combat practices involving the use of labour without any employment relationship; (d) combat the use of part-time contracts when this is not the choice of the worker concerned; (e) promote the exercise of workers’ individual and collective rights.
Amendment 6 #
2014/0120(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 20 #
2014/0120(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 28 #
2014/0120(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To respect Member States’ existing traditions ofin company law, flexibility should be afforded to them as regards the manner and extent to which they wish to apply harmonised rules governing the formation and operation of SUPs. Member States may apply Part 2 of this Directive to all single-member private limited liability companies so that all such companies would operate and be known as SUPs. Alternatively, they should be fully respected by affording them the flexibility to govern company forms at national level and enforce related standards. To facilitate entrepreneurship for small and micro- enterprises, Member States should provide for the establishment of an SUP as a separate company law form which would exist in parallel with other forms of single- member private limited liability company provided for in national law.
Amendment 33 #
2014/0120(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that the harmonised rules are applied as widely as possible, both natural and legstandards can be maintained and enforced, only natural persons should be entitled to form SUPs. For the same reason private limited liability companies that were not formed as SUPs should be able to benefit from the SUP framework if they choose to opt in this legal framework. They should be able to be transformed into SUPs in accordance with applicable national law.
Amendment 36 #
2014/0120(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 40 #
2014/0120(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to make it easier and less costly to establish subsidiaries in other Member States, tThe founders of SUPs shcould not be obliged to be physically present before any Member State’s registration body. The register should be accessible from any Member State and a company founder should be able to make use of existing points of single contact created under Directive 2006/123/EC of the European Parliament and of the Council19 as a gateway to national on-line registration points. It should, therefore, be possible to establish SUPs from distance and fully by electronic means. __________________ 19 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 45 #
2014/0120(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 55 #
2014/0120(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Provisions concerning the establishment of single-member private limited companies should not affect the right of Member States to maintain existing rules concerning the verification of the registration process, provided that the whole registration procedure may be completed electronically and at a distance.
Amendment 58 #
2014/0120(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 64 #
2014/0120(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 69 #
2014/0120(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 73 #
2014/0120(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 76 #
2014/0120(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 79 #
2014/0120(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 85 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 90 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) Societas Unius Personae (SUP) referred to in Article 6. on condition that the company is incorporated by a natural person and the company not exceed the limits defined in Article 3.1 of Directive 2013/34/EC
Amendment 94 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Amendment 98 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 101 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 105 #
2014/0120(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘single-member company’ means a company whose shares are held by a single person and that is incorporated by a natural person;
Amendment 113 #
2014/0120(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 116 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 125 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. This Directive is without prejudice to any national laws governing matters related to labour law, including among others the workers` participation in the management or supervisory bodies of companies and the right to information and consultation, and taxation, accounting or insolvency proceedings. It is also without prejudice to the application of the national rules on the conflict of laws.
Amendment 128 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Workers’ participation in company boards and workers’ rights on information and consultation in an SUP shall be governed by the provisions of the Member State in which the SUP has its single seat. On registration a SUP has to prove compliance with this provision.
Amendment 132 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
5b. If a SUP exceeds over a period of 2 years the limits defined in Art. 1 paragraph 1 point b the SUP is transformed into a national legal company form following the provisions of the Member States in Annex 1.
Amendment 136 #
2014/0120(COD)
Proposal for a directive
Article 8
Article 8
An SUP may be incorporated by a natural or legal personperson at a single seat on conditions that a share capital of at least 1.000 EUR is provided for.
Amendment 137 #
2014/0120(COD)
Proposal for a directive
Article 9
Article 9
Amendment 152 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
An SUP shall have its registered office and either its central administration or its principal place of business in the Union. in the Member State where it has its principal place of business. A Member State may in addition impose on SUPs registered in its territory the obligation of locating its head office and its registered office in the same place.
Amendment 158 #
2014/0120(COD)
Proposal for a directive
Article 11
Article 11
Amendment 164 #
2014/0120(COD)
Proposal for a directive
Article 12
Article 12
Amendments to the articles of association 1. An SUP may, after registration, amend its articles of association by electronic or other means in accordance with applicable national law. This information shall be entered in the register of companies in the Member State of registration. 2. The amended articles of association of the SUP shall cover at least the subject matters provided for in the uniform template referred to in Article 11(2).rticle 12 deleted
Amendment 167 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may additionally to other informationly require for the registration of an SUP the following information or documentation:
Amendment 172 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the address of the registered office, which has to be identical with the central administration and/orbeing the principal place of business of the SUP and its single seat;
Amendment 177 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 192 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. On registration, Member States shall verify the identity of the founding members as well as compliance with the provisions of this directive, especially as regards scope, incorporation by a clearly identifiable natural person and single seat.
Amendment 194 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Member States may lay down any additional rules for verifying the identity of the founding member, and any other person making the registration on the member’s behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registration.
Amendment 203 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 210 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The share capital of an SUP shall be at least EUR 1000 EUR. In Member States in which the euro is not the national currency, the share capital shall be at least equivalent to one unit of that Member States’ currency.
Amendment 213 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 218 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shallmay ensure that the SUP is notcan be made subject to rules requiring the company to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of association.
Amendment 240 #
2014/0120(COD)
Proposal for a directive
Article 26
Article 26
Amendment 245 #
2014/0120(COD)
Proposal for a directive
Article 29
Article 29
Amendment 97 #
2014/0017(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Subsequently, on 14 October 2014, the FSB published a regulatory framework for haircuts on collateral posted in non-centrally cleared SFTs in which the FSB recommended a set of numerical haircut floors for securities- against-cash transactions.
Amendment 108 #
2014/0017(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Re-hypothecation provides liquidity and enables counterparties reducing funding costs. However, it creates complex collateral chains between traditional banking and shadow banking, posing financial stability risks. The lack of transparency on the extent to which financial instruments provided as collateral have been re-hypothecated and the respective risks in case of bankruptcy can undermine confidence in counterparties and magnify risks to financial stability. Therefore, establishing the FSB recommendation of 6 percent as a mandatory minimum haircut and not allowing collateral to be subject to another collateral re-use transaction are necessary steps to ensure financial stability.
Amendment 114 #
2014/0017(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should be empowered to adopt implementing technical standards developed by ESMA by means of implementing acts pursuant to Article 291 of the Treaty on the Functioning of the European Union and in accordance with the procedure set out in Article 15 of Regulation (EU) No 1095/2010 with regard to the format and frequency of the reports, , the format of the application for registration of a trade repository, as well as the procedures and forms for exchange of information on sanctions with ESMA. However, the format and frequency for reporting, which is to be developed by ESMA, should allow for the reporting of real time data to the public.
Amendment 164 #
2014/0017(COD)
Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 1
Article 4 – paragraph 8 – subparagraph 1
In order to ensure uniform conditions of application of paragraph 1, ESMA shall, in close cooperation with the ESCB and taking into account its needs, develop draft implementing technical standards specifying the format and frequency of the reports referred to in paragraphs 1 and 3 for the different types of SFTs; these formats shall allow for the reporting of real time data to the public.
Amendment 203 #
2014/0017(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
Article 15 – paragraph 1 – point b a (new)
(b a) the financial instrument is not subject to another collateral re-use transaction.
Amendment 208 #
2014/0017(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Credit institutions which engage in non-centrally cleared SFTs with other counterparties that are not credit institutions against collateral other than government securities shall apply the FSB-recommendation of 6 percent as a minimum to the collateral received.
Amendment 235 #
2014/0017(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 51 #
2014/0002(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) While the freedom of movement for workers is an important right, labour mobility is not the solution to high unemployment, and labour mobility cannot replace the need to create more jobs in areas with high unemployment.
Amendment 61 #
2014/0002(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In the ‘Compact for Growth and Jobs’, the European Council requested to explore the possibility of extending to apprenticeships and traineeships the EURES network, apprenticeships and traineeships can be covered under the present Regulation, provided that the persons concerned are considered workers with reference to the rights conferred on citizens under Article 45 of the Treaty. An appropriate exchange of general information on mobility for apprenticeships and traineeships within the Union needs to be introduced and adequate assistance to the candidates for those positions should be developed, based on a mechanism for clearance of offers, once such a clearance is deemed feasible in accordance with the appropriate standards and with due respect to the competences of the Member States. EURES will cooperate with national institutions to ensure that apprenticeship and traineeship offers do not hide irregular labour relationships.
Amendment 134 #
2014/0002(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Transparency of labour markets and adequate matching capabilities are pre- conditions for labour mobility within the Union. A better balance between labour supply and demand can be achieved through aAn efficient system at Union level for exchanging of information on national and sectoral labour surpluses and shortages that should be set up between Member States and the European Commission and used as a basis for Member States to develop their mobility policies and underpin the practical cooperation within the EURES network.
Amendment 178 #
2014/0002(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) the functioning of a European network of employment services between Member States and the Commission, with the appropriate involvement of the social partners;
Amendment 237 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) increasedto support voluntary geographical and occupational mobility in the Union on a fair basis, in full respect and promotion of safe, decent and regulated working conditions and rights;
Amendment 303 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c
Article 7 – paragraph 3 – subparagraph 1 – point c
(c) the rights benefiting, and rules applicable to, workers;
Amendment 393 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The Commission may, by means of implementingdelegated acts, adopt a template for the description of the national system and procedures for sharing information on national systems between Member States. Those implementing acts shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 34(2).
Amendment 438 #
2014/0002(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Coordination Group ishall be composed of representatives of the European Coordination Office and the National Coordination Offices and the social partner organisations.
Amendment 485 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. The Commission shall adopt, by means of implementingdelegated acts, the necessary technical standards and formats aimed at reaching the uniform system referred to in paragraph 7. Those implementing acts shall be adopted by the Commission in accordance with the examination procedure referred to in Article 34(3).
Amendment 660 #
2014/0002(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 671 #
2014/0002(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The National Coordination Offices, after consulting the national social partners, and the European Coordination Office review together the draft work programmes before finalising them.
Amendment 683 #
2014/0002(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Taking into account the information gathered as referred to in this Chapter, the European Commission shall submit every two years a report to the European Parliament, the Council, the Committee of the Regions and the European Economic and Social Committee on labour mobility within the Union, its effects on the structure and functioning of national labour markets, including worker protection and wages and the services provided to workers to facilitate the exercise of the freedom of movement in accordance with Article 46 TFEU.
Amendment 4 #
2013/2256(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that in July 2012, Parliament, the Council and the Commission adopted a Common Approach on decentralised agencies (‘the Common Approach’), a political agreement concerning the future management and reform of the agencies; welcomnotes the conclusion of this agreement;
Amendment 5 #
2013/2256(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Court of Auditors’ reports; acknowledges that its reports have become even more comprehensive in the course of latest discharge procedures; encourages the Court of Auditors to further develop performance audit elements, both in its annual audit reports as well as in the dedicated special reports of the Court of Auditors addressing the agencies; encourages the Court of Auditors to monitor and report on the follow-up from previous discharge reports.
Amendment 11 #
2013/2256(DEC)
Motion for a resolution
Paragraph 9 a.(new)
Paragraph 9 a.(new)
9a. Recalls that agencies are independent and that the Commission can give agencies guidance through the development of guidelines; is of the opinion, however, that it is up to the agencies to decide on the follow-up; believes that the only institution that can politically discuss the agencies is Parliament; is of the opinion, therefore, that the reporting system to the discharge authority is of utmost importance and should be strengthened;
Amendment 13 #
2013/2256(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that as regards the agencies’ way of reporting to the discharge authority, their democratic accountability should be further streamlined, and believes that the relationship between Parliament and the agencies would benefit from a stronger and better structured system of reporting to Parliament; proposes the establishment of a working group on this matter to come forward with proposals for improving the reporting system, both on the agencies’ and Parliament’s side;
Amendment 15 #
2013/2256(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is of the opinion that the trend to focus reporting more on effectiveness and results achieved is a positive one; requests to strengthen the reporting system further in this respect to enhance the democratic accountability of the agencies;
Amendment 16 #
2013/2256(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Requests that the agencies enhance their work and reporting on social accountability, which will lead to the increased visibility of the agencies’ activities for the general public;
Amendment 23 #
2013/2256(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commission’s intention to merge agencies where appropriate and its willingness to continue its assessment of the possibilities to merge some of the existing agencies, as well as to obtain further synergies from the sharing of services between the agencies themselves and from within the Commission, and to carefully look into the matter of unnecessary spending due to distant and multiple sites of location and is looking forward to further proposals in that regard;
Amendment 26 #
2013/2256(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Points out that activity-based budgeting is still the fundamental principle when drafting the budget of the Union; is worried by the fact that the Court of Auditors, in its 2012 annual report, concludes that for many areas of the Union budget, the legislative framework is complex and that there is insufficient focus on performance; welcomes the steps taken by the agencies to focus more on performance reporting;
Amendment 29 #
2013/2256(DEC)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Recalls that conflicts of interest are a cause of corruption, fraud, mismanagement of funds and human resources, favouritism and have a negative impact on the impartiality of the decisions and quality of work and undermines Union citizens’ trust in the Union institutions, including the agencies;
Amendment 31 #
2013/2256(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Acknowledges that EFSA since 2011 has made efforts to strengthen its framework for avoiding potential conflicts of interest with the adoption of its revised policy on independence and scientific decision-making processes; notes with concern, however, that despite this revision, the procedure for assessing possible conflicts of interest at EFSA is burdensome and subject to criticism, therefore calls on EFSA to come up with a simplified procedure which would streamline the process, without, however, jeopardising the newly set standards for the detection and prevention of conflicts of interest;
Amendment 32 #
2013/2256(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
Amendment 35 #
2013/2256(DEC)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54a. Notes that seconded national experts, external and interim staff are not specifically mentioned in the guidelines; requests that the agencies take these groups of staff into account when evaluating and redrafting their conflicts of interest policies;
Amendment 43 #
2013/2256(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the agencies of Parliament’s recommendations in this resolution;
Amendment 12 #
2013/2220(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the procedure for assessing possible conflicts of interests at the Authority, where declarations of interest are screened by Heads of Unit and are generally assessed on a case by case basis, is burdensome and is subject to criticism, raising questions about its credibility and effectiveness; notes with concern that even a revised procedure has not helped dispel fears about the Authority’s expert impartiality; calls on the Authority to come up with a simplified procedure with less uncertainty which would validate and streamline the process and save both human resources and money without, however, jeopardising the newly set standards for the detection and prevention of conflicts of interests;
Amendment 15 #
2013/2220(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the progress made by the Authority on its conflicts of interests policy; calls on the Authority to continue its work on this matter and to dedicate sufficient resources and staff to this matter and to consider appointing specialised staff for the screening work on conflicts of interests;
Amendment 14 #
Amendment 16 #
2013/2215(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Looks forward to the revised version of the Agency's conflicts of interests policy; emphasises that the Agency should continue its work to further strengthen its conflicts of interest policy;
Amendment 18 #
2013/2215(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that the Agency works together closely with a variety of patient, healthcare and consumer organisations in order to take their opinions into account; calls on the Agency to request the public disclosure of funding information of any patient, consumer and healthcare organisation and to carry out a conflicts of interests check before the Agency involves them in its work;
Amendment 60 #
2013/2205(DEC)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the EEAS of Parliament's recommendations in this resolution;
Amendment 7 #
2013/2204(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the Supervisor of Parliament's recommendations in this resolution.
Amendment 7 #
2013/2203(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the European Ombudsman of Parliament's recommendations in this resolution;
Amendment 9 #
2013/2202(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the Committee of Parliament's recommendations in this resolution;
Amendment 17 #
2013/2201(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the EESC of Parliament’s recommendations in this resolution;
Amendment 20 #
2013/2200(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up of Parliament's recommendations in this resolution;
Amendment 18 #
2013/2199(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the Court of Justice of Parliament's recommendations in this resolution;
Amendment 3 #
2013/2197(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the expenditure of the Council must be scrutinised in the same way as that of other institutions and that the fundamental elements of such scrutiny have been laid down in its discharge resolutions of the past years, in particular the discharge resolution of 23 October 2012;
Amendment 14 #
2013/2197(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that effective supervision of the Union’s budget implementation requires cooperation between Parliament and the Council through a working arrangement; regrets the difficulties encountered in the discharge procedures up to date; points out that Parliament refused to grant discharge to the Secretary- General of the Council for the implementation of the Council’s budget for the financial years 2009, 2010 and 2011 for the reasons set out in its resolutions of 10 May 2011, 25 October 2011, 10 May 2012 and 23 October 2012, 17 April 2013 and 9 October 2013;
Amendment 15 #
2013/2197(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates that it is only possible to implement effective budgetary control with the cooperation of Parliament and the Council, the main elements of which must comprise formal meetings between representatives of the Council and Parliament’s Committee on Budgetary Control, answering questions asked by the committee’s members on the basis of a written questionnaire and submitting documents to serve as background material for budgetary controls on request; is of the opinion that the fundamental elements of an effective budgetary control is laid down in its resolution of 23 October 2012
Amendment 20 #
2013/2197(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the European Council and the Council of Parliament’s recommendations in this resolution;
Amendment 24 #
2013/2196(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes with satisfaction the high quality ofTakes note of the written answers to the 2011 discharge resolution provided to the Committee on Budgetary Control on 25 October 2013 and, therefore, received before the start of the 2012 discharge exercise; welcomes the subsequent Secretary-General presentation of the replies and follow-up of Parliament’'s administration on 25 November 2013 to the various questions and requests of Parliament’'s 2011 discharge resolution and the exchange of views with Members that followed;
Amendment 25 #
2013/2196(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that many requests made in the annual discharge reports concerning Parliament are not met; notes that the Secretary-General argues that these requests fall within the remit of the Bureau of the Parliament or the Conference of Presidents of the Parliament; notes with concern the current highly undemocratic situation in which decisions are taken at the highest political level; i.e. endorsement by plenary, are often stalled or blocked within the internal decision-making process of the Parliament; insists that plenary requests made in the annual discharge reports are fully implemented and without undue delay;
Amendment 27 #
2013/2196(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers prizes not to be a core activity of Parliament and requests that a cost-benefit analysis be carried out before any new prize initiatives are developed;
Amendment 34 #
2013/2196(DEC)
Motion for a resolution
Subtitle and paragraph 40 a (new)
Subtitle and paragraph 40 a (new)
– General expenditure allowance 40a. Regrets that until now, it has not been possible to obtain an insight into the use made by Members of their General expenditure allowance and requests that for Members who wish to do so, a procedure be developed, so that they can submit their accounts to the internal auditor for annual verification;
Amendment 51 #
2013/2196(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Is looking forward to the publication of the Court of Auditors study to provide a comprehensive analysis of the potential savings for the Union budget if Parliament had only one working place, as requested in the Fox/Hafner report and asks that this analysis includes budgetary aspects and ancillary costs such as savings made through the reduced loss of working time and greater efficiency; asks not only to look into the travel costs for Parliament staff (including interim staff, external experts and temporary agents) but also to the increased travel costs for Commission and Council staff due to the multiple location sites;
Amendment 84 #
2013/2196(DEC)
Motion for a resolution
Paragraph 58 b (new)
Paragraph 58 b (new)
58b. Considers the House of European History not to be a core activity of the European Parliament and regrets the increasing costs for this project;
Amendment 87 #
2013/2196(DEC)
Motion for a resolution
Paragraph 59 b (new)
Paragraph 59 b (new)
59b. Considers EuroparlTV not to be a core activity of Parliament and requests that a cost-benefit analysis be carried out before any new EuroparlTV activities are developed;
Amendment 108 #
2013/2196(DEC)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Regrets that due to a reduction in administrative burden for low value contracts, aimed at increasing SME participation in tenders for these contracts, the administration does not dispose of the number of SMEs that secured low value contracts; therefore the Secretariat General is not able to show whether or not the reduction in administrative burden actually led to an increased SME participation and thus the effectiveness of the measures taken; requests to monitor the number of SMEs that secured low value contracts;
Amendment 111 #
2013/2196(DEC)
Motion for a resolution
Paragraph 76 b (new)
Paragraph 76 b (new)
76b. Calls on the Court of Auditors to include in its next annual report a review of the follow-up of Parliament's recommendations in this resolution;
Amendment 4 #
2013/2195(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge/Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2012;
Amendment 21 #
2013/2195(DEC)
Motion for a resolution
Citation 9
Citation 9
– having regard to the Court of Auditors’ Annual Report on the implementation of the budget for the financial year 2012, together with the institutions' replies80 (Annual Report), and to the Court of Auditors' special reports, __________________ 80in particular Special Report No 24/2012 of the Court of Auditors entitled "The European Union Solidarity Fund's response to the 2009 Abruzzi earthquake: The relevance and cost of operations" and its relevant working document; __________________ 80 OJ C 331, 14.11.2013, p. 1. OJ C 331, 14.11.2013, p. 1.
Amendment 337 #
2013/2195(DEC)
Motion for a resolution
Heading 5 – Subheading 1 a (new)
Heading 5 – Subheading 1 a (new)
The European Union Solidarity Fund
Amendment 339 #
2013/2195(DEC)
Motion for a resolution
Paragraph 160 a (new)
Paragraph 160 a (new)
160a. Notes that the EUSF is an important instrument in responding to major natural disasters in the Union and an expression of European solidarity to disaster-stricken regions within the Union; observes that Italy received EUR 493,8 million in response to the Abruzzi earthquake;
Amendment 341 #
2013/2195(DEC)
Motion for a resolution
Paragraph 160 b (new)
Paragraph 160 b (new)
160b. Notes that the Court of Auditors' Special Report 24/2012 identifies serious deficiencies and irregularities in the management of the Union funds in the Abruzzi region after the 2009 earthquake; deeply regrets the fact that the Court of Auditors found that around 70 % of the contribution from the Union was used in violation of the EUSF Regulation;
Amendment 342 #
2013/2195(DEC)
Motion for a resolution
Paragraph 160 c (new)
Paragraph 160 c (new)
160c. Believes that the EUSF Regulation must be safeguarded; is deeply concerned that the violation of the regulation and the serious deficiencies in the implementation of the funds have made the EUSF contribution to the earthquake victims less effective;
Amendment 343 #
2013/2195(DEC)
Motion for a resolution
Paragraph 160 d (new)
Paragraph 160 d (new)
160d. Notes the observation by the Court of Auditors that the cost of the construction work for re-housing the victims of the earthquake was 158% over the market price, and also regrets that the solidarity aid has benefited fewer victims than it should have done. Also regrets the many instances of substandard building work which have even led to at least one whole apartment block having to be evacuated as unsuitable for human habitation.
Amendment 344 #
2013/2195(DEC)
Motion for a resolution
Paragraph 160 e (new)
Paragraph 160 e (new)
160e. Deeply regrets that it is still waiting for answers from the Commission in connection with the implementation of the EUSF for Abruzzi; reserves for this reason its final judgement of the EUSF response to Abruzzi;
Amendment 359 #
Amendment 360 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 a (new)
Paragraph 177 a (new)
177a. Notes with concern the participation of the Commission, together with the IMF and ECB, in the so-called Troika in designing and supervision of the adjustment programs for the European deficit countries;
Amendment 363 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 b (new)
Paragraph 177 b (new)
177b. Believes it to be deeply undemocratic that the Commission assumes ever greater powers to control national budgets, without any serious oversight by Parliament;
Amendment 364 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 c (new)
Paragraph 177 c (new)
177c. Points out that the targets of the adjustment programs are unrealistic since they underestimate the implications of the deepening recession especially in Greece where the estimated public deficit will not fall below 3 % of GDP until 2020, while the public debt will reach 178 % of GDP in 2013 and 152 % in 2020 and the reasons offered for these divergences are the 'longer and more severe recession' than expected because the GDP has declined by more than 10 % since the start of the programme and it will continue to decline; notes furthermore that the policy recommendations remain unchanged and in the meantime unemployment has risen from 8,3 % of the labour force in 2007 to nearly 17 % in 2011 and more than 26 % in 2012;
Amendment 365 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 d (new)
Paragraph 177 d (new)
177d. Is highly concerned that Commissions' austerity policies are also blighting the lives of millions of Europeans, most especially in the South and East European Member States of the periphery; notes that the official unemployment rate in 2011 was in Greece 17,7 % and in Spain 21,7 %; is highly concerned about the increase of the rates in 2012 in Spain to 26,1 % and in Greece to 26,8 % while the youth unemployment rate for the Union was 22,7 % in Spain and Greece it was over 50 %; therefore urgently invites the Commission to change its politics by giving up their austerity orientation in order to fight unemployment;
Amendment 366 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 e (new)
Paragraph 177 e (new)
177e. Strongly criticises that Commission's policy on austerity has focussed on expenditure cuts and privatisations resulting in the postponement or cancellation of infrastructure projects as well as reductions in recurrent expenditure in healthcare, education, social provision and welfare benefits; therefore public employment has been reduced significantly in many countries and, due to the recession and the impact of austerity policies, there has been a significant increase in the proportion of the population at risk of poverty; deplores that the poorest sectors have been hit hardest but, in the crisis stricken Member States, many middle-class citizens have also been affected;
Amendment 367 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 f (new)
Paragraph 177 f (new)
177f. Notes that historically, social policies in Europe have been provided by managing or removing the market in the provision of services, through food subsidies or the free provision of health services and certain levels of education; deplores that now the de-commodification of public services is being reversed through the introduction of vouchers and user fees for health and education services;
Amendment 368 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 g (new)
Paragraph 177 g (new)
177g. Criticises that the Commission advocates with its adjustments programs the flexibility of labour markets, pay freezes, cuts in pensions and increased retirement ages, together with an easing of restrictions on layoffs and limits on unemployment benefits; is of the opinion that all these represent a further weakening of the provisions of Europe's vaunted social model;
Amendment 369 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 h (new)
Paragraph 177 h (new)
177h. Notes with concern the pressure currently exerted by the Troika on Cyprus and Greece to privatise the water sector; recalls that recent water privatisation policies in the United Kingdom and Portugal show that privatisation generally leads to cost increases, rather than cost reductions; is concerned about the potential risks for public health of this development; therefore urges the Troika to reconsider their policies and not to demand the privatisation of the water sector;
Amendment 370 #
2013/2195(DEC)
Motion for a resolution
Paragraph 177 i (new)
Paragraph 177 i (new)
177i. Notes that the programs of memoranda of understanding in all cases were presented as one-way road: they were used on the one hand to save and to shield the financial sector, recapitalizing the banks and converting private debt into public debt and on the other to repay the speculative rates of the accumulated debt; the programs of understanding did not finance the real economy nor used for public and productive investment in order to lead the economy into a growth path, but on the opposite with the tough fiscal austerity measures imposed have led to a more profound and lasting recession and social misery; calls for a breakaway from these policies so that the problems of economic sustainable growth, unemployment, poverty, social exclusion, and income inequalities can be truly addressed and combated;
Amendment 371 #
2013/2195(DEC)
Motion for a resolution
Paragraph 184 a (new)
Paragraph 184 a (new)
184a. Notes that both the EFSF and the ESM benefit from the service of prominent Union institutions, such as the Commission and the ECB, while their respective relationship do not find a sufficient legal basis and control of the institutions according to the procedure laid down in the TFEU; underlines that the creation outside the institutions of the Union represents a setback from the evolution of the Union, essentially at the expense of Parliament, the Court of Auditors and the Court of Justice;
Amendment 372 #
2013/2195(DEC)
Motion for a resolution
Paragraph 184 b (new)
Paragraph 184 b (new)
184b. Criticises the fact that the ESM Treaty lacks sufficient provisions for ensuring effective external audit; regrets that in Article 24 (Board of Auditors) of the bylaws of the Treaty only one member can be nominated by the Court of Auditors while two members upon the proposal of the Chairperson;
Amendment 373 #
2013/2195(DEC)
Motion for a resolution
Paragraph 184 c (new)
Paragraph 184 c (new)
184c. Is concerned by the regulation of paragraph 6 of Article 24 of the by-laws of the Treaty with the agreed procedure only to inform Parliament by sending the annual report of the Board of Auditors to Parliament; underlines the right of Parliament to have a debate on the annual report with the Board of Auditors in presence of the Board of Governors of the ESM;
Amendment 388 #
2013/2195(DEC)
Motion for a resolution
Paragraph 201 a (new)
Paragraph 201 a (new)
201a. Is deeply concerned about the reporting of the OLAF Supervisory Committee on the Dalli case; finds it unacceptable that OLAF has undertaken investigative measures that go beyond those explicitly listed in Articles 3 and 4 of Regulation (EC) No 1073/1999 which was in force at that time; notes that these investigative measures include: preparing the content of a telephone conversation for a third party to have with a person subject to the investigation; being present during such a conversation and having it recorded; and requesting national administrative authorities to provide OLAF with information not directly held by those authorities and which could be considered to relate to the right to respect for private life and communications or to the subsequent use, collection and storage of such information by OLAF;
Amendment 389 #
2013/2195(DEC)
Motion for a resolution
Paragraph 201 b (new)
Paragraph 201 b (new)
201b. Is shocked by such actions, given that, according to the jurisprudence of the European Court of Human Rights, the use of such methods can be seen as 'interference by a public authority' with the exercise of the right to respect for 'private life', 'correspondence' and/or 'communications', which is required to be 'in accordance with the law' (Article 7 of the Charter of Fundamental Rights of the European Union, which corresponds to Article 8 of the European Convention of Human Rights);
Amendment 395 #
2013/2195(DEC)
Motion for a resolution
Paragraph 204 a (new)
Paragraph 204 a (new)
204a. Is deeply concerned about the findings of the Supervisory Committee that OLAF has not established a prior legality check for investigative measures other than those specifically listed in OLAF's Instructions to Staff on Investigative Procedures (ISIP); notes that this endangers respect for the fundamental rights of, and procedural guarantees relating to, the persons concerned;
Amendment 396 #
2013/2195(DEC)
Motion for a resolution
Paragraph 204 b (new)
Paragraph 204 b (new)
204b. Notes that breaches of essential procedural requirements during preparatory investigations could affect the legality of the final decision taken on the basis of investigations by OLAF; assesses this as potentially high-risk, since breaches would thus incur the legal liability of the Commission;
Amendment 397 #
2013/2195(DEC)
Motion for a resolution
Paragraph 204 c (new)
Paragraph 204 c (new)
204c. Deems the direct participation of OLAF's Director-General in some investigative tasks, inter alia interviews of witnesses, unacceptable; points out that the Director-General could be faced with a conflict of interest, since, under Article 90(a) of the Staff Regulations and Article 23(1) of the ISIP he is the authority who receives complaints against OLAF's investigations and decides whether or not appropriate action is taken with regard to any failure to respect procedural guarantees;
Amendment 417 #
2013/2195(DEC)
Motion for a resolution
Paragraph 223 a (new)
Paragraph 223 a (new)
223a. Calls on the Court of Auditors to include in its next annual report a review of the follow-up by the Commission of Parliament's recommendations in this resolution;
Amendment 98 #
2013/0306(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Money market funds (MMF) provide, similar to banks and other financial institutions, short-term finance to financial institutions, corporates or governments. By providing finance to these entities, money market funds contribute to the financing of the European economy.
Amendment 100 #
2013/0306(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) They can be considered part of the Shadow Banking System on the basis that they perform maturity and liquidity transformation. However, in contrast with bank deposits, MMFs do not have access to official support and backstop facilities, and, whereas they have little ability to absorb losses, they also do not have explicit support from sponsor companies. Moreover, investors may perceive MMFs, in particular constant net asset value (CNAV) funds that seek to maintain an unchanging face value, as safe alternatives to bank deposits.
Amendment 106 #
2013/0306(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Large redemption requests force MMFs to sell some of their investment assets in a declining market, fuelling a liquidity crisis. In these circumstances, money market issuers can face severe funding difficulties if the market of commercial papers and other money market instruments dries up. Any contagion to the short term funding market could then also represent direct and major difficulties for the financing of the financial institutions, corporations and governments, thus the economy. In the absence of a credible solution to the too- big-too fail problem for banks this has major implications from an economic stability point of view.
Amendment 109 #
2013/0306(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to preserve the integrity and stability of the internal marketduce systemic risk and the possibility of public bail-outs by promoting more resilient MMFs and limiting contagion channels, it is necessary to lay down rules regarding the operation of MMFs, in particular on the composition of the portfolio of MMFs. Uniform rules across the Union are necessary to ensure that MMFs are able to immediately redeem investors, especially during stressed market situations. Uniform rules on the portfolio of a money market fund are also required to ensure that MMFs are able to face massive and sudden redemption requests by a large group of investors.
Amendment 122 #
2013/0306(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Asset Backed Commercial Papers (ABCPs) should not be considered eligible money market instruments to the extent that they respect additional requirements. Due to the fact that during the crisis certain securitisations were particularly unstable, it is necessary to impose maturity limits and quality criteria on the underlying assets. Not all categories of underlying assets should be eligible because some were more confronted to instability than others. For this reason the underlying assets should be exclusively composed of short-term debt instruments that have been issued by corporates in the course of their business activity, such as trade receivables. Instruments such as auto loans and leases, equipment leases, consumer loans, residential mortgage loans, credit card receivables or any other type of instrument linked to the acquisition or financing of services or goods by consumers should not be eligible. ESMA should be entrusted with drafting regulatory technical standards to be submitted for endorsement by the Commission with regard to the conditions and circumstances under which the underlying exposure or pool of exposures is considered to exclusively consist of corporate debt and the conditions and numerical thresholds determining when corporate debt is of high credit quality and liquid, due to the fact that these instruments have proven to be particularly unstable and intransparent.
Amendment 133 #
2013/0306(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to limit risk-taking by MMFs it is essential to reduce counterparty risk by subjecting the portfolio of MMFs to clear diversification requirements. To this effect it is also necessary that the reverse repurchase agreements be fully collateralized and that, for limiting the operational risk, one reverse repurchase agreement counterparty cannot account for more than 20% of the MMF's assets. All over-the-counter (OTC) derivatives should be subject to Regulation (EU) No 648/20125. Over-the-counter (OTC) derivatives should not be eligible. __________________ 5 Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).
Amendment 162 #
2013/0306(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The financial crisis is evidence of the fact that the conduct and nature of constant net asset value MMFs make them more vulnerable to destabilising investor runs, which can spread quickly among funds, impairing liquidity and the availability of short-term credit, in particular for banks. Against this background, CNAV MMF should not be offered to retail investors.
Amendment 167 #
2013/0306(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for the specificities of CNAV MMFs it is necessary that CNAV MMFs, until they have been fully converted into VNAV MMFs, be permitted to use also the amortised cost accounting method for the purpose of determining the constant net asset value (NAV) per unit or share, subject to the agreement of national competent authorities. This notwithstanding, for the purpose of ensuring at all times the monitoring of the difference between the constant NAV per unit or share and the NAV per unit or share, a CNAV MMF should also calculate the value of its assets on the basis of the marking to market or marking to model methods.
Amendment 171 #
2013/0306(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) As a MMF should publish a NAV that reflects all movements in the value of its assets, the published NAV should be rounded at maximum to the nearest basis point or its equivalent. As a consequence, when the NAV is published in a specific currency, for example €1, the incremental change in value should be done every €0.0001. In the case of a NAV at €100, the incremental change in value should be done every €0.01. Only if the MMF is a CNAV MMF, the MMF can publish a price that does not follow entirely the movements in the value of its assets. In this case the NAV can be rounded to the nearest cent for a NAV at €1 (every €0.01 move) for an interim period of five years.
Amendment 185 #
2013/0306(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) In addition to NAV buffers, MMFs should impose redemption fees of up to 3% in case the weekly maturing assets fall below 15% of the fund's total assets at the end of any business day.
Amendment 194 #
2013/0306(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) After a transitional phase of five years after publication of this regulation in the Official Journal all CNAV MMFs should be converted into VNAV MMFs.
Amendment 196 #
2013/0306(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) External support provided to a MMF other than a CNAV MMF with the intention of ensuring either liquidity or stability of the MMF or de facto having such effects increases the contagion risk between the MMF sector and the rest of the financial sector. Third parties providing such support have an interest in doing so, either because they have an economic interest in the management company managing the MMF or because they want to avoid any reputational damage should their name be associated with the failure of a MMF. Because these third parties do not commit explicitly to providing or guaranteeing the support, there is uncertainty whether such support will be granted when the MMF needs it. In these circumstances, the discretionary nature of sponsor support contributes to uncertainty among market participants about who will bear losses of the MMF when they do occur. This uncertainty likely makes MMFs even more vulnerable to runs during periods of financial instability, when broader financial risks are most pronounced and when concerns arise about the health of the sponsors and their ability to provide support to affiliated MMFs. For these reasons, MMFs should not rely on external support in order to maintain their liquidity and the stability of their NAV per unit or share unless the competent authority of the MMF has specifically allowed the external support in order to maintain stability of financial markets.
Amendment 209 #
2013/0306(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Investors should be clearly informed, before they invest in a MMF, if the MMF is of a short-term nature or of a standard nature and if the MMF is of a CNAV type or not. In order to avoid misplaced expectations from the investor it must also be clearly stated in any marketing document that MMFs are not a guaranteed investment vehicle. CNAV MMFs should clearly explain to investors the buffer mechanism they are applying to maintain the constant NAV per unit or share. They should further explain to investors that they may impose redemption fees in case the weekly maturing assets fall below a specific threshold.
Amendment 223 #
2013/0306(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) It is essential to carry out a review of this Regulation in order to assess the appropriateness of exempting certain CNAV MMFs that concentrate their investment portfolios on debt issued by the Member States from the requirement to establish a capital buffer that amounts to at least 3 % of the total value of the CNAV MMF's assets or the mandatory convergence into VNAV MMFs. Therefore, during the three years after the entry into force of this Regulation, the Commission should analyse the experience acquired in applying this Regulation and the impacts on the different economic aspects attached to the MMFs. The debt issued or guaranteed by the Member States represents a distinct category of investment displaying specific credit and liquidity traits. In addition, sovereign debt plays a vital role in financing the Member States. The Commission should evaluate the evolution of the market for sovereign debt issued or guaranteed by the Member States and the possibility to create a special framework for MMF that concentrate their investment policy on that type of debt.
Amendment 226 #
2013/0306(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 238 #
2013/0306(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘amortised cost method’ means a valuation method which takes the acquisition cost of an asset and adjusts this value for amortisation of premiums (or discounts) until maturity; the use of this accounting method shall be subject to approval of national competent authorities;
Amendment 263 #
2013/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
An MMF or an MMF manager may be established in a third country provided that the third country is not a country: - where there are no or nominal taxes, - where there is a lack of effective exchange of information with foreign tax authorities, - where there is a lack of transparency in legislative, judicial or administrative provisions, - where there is no requirement for a substantive local presence, - which acts as an offshore financial centre.
Amendment 270 #
2013/0306(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
An AIF MMF or an AIFM of a MMF may be established in a third country provided that the third country is not a country: - where there are no or nominal taxes, - where there is a lack of effective exchange of information with foreign tax authorities, - where there is a lack of transparency in legislative, judicial or administrative provisions, - where there is no requirement for a substantive local presence, - which acts as an offshore financial centre.
Amendment 280 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) financial derivative instruments used exclusively for hedging purposes;
Amendment 300 #
2013/0306(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 307 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. A securitisation shall not be considered as eligible provided that all of the following conditions are met:.
Amendment 309 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
Amendment 313 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 316 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 323 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 335 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 337 #
2013/0306(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 343 #
2013/0306(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
A financial derivative instrument shall be eligible for investment by a MMF if it is dealt in on a regulated market referred to in Article 50(1)(a), (b) or (c) of Directive 2009/65/EC or over-the-counter (OTC) , provided that all of the following conditions are in any case fulfilled:
Amendment 346 #
2013/0306(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) the counterparties to OTC derivative transactions are institutions subject to prudential regulation and supervision and belonging to the categories approved by the competent authorities of the MMF's home Member State;
Amendment 349 #
2013/0306(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the OTC derivatives are subject to reliable and verifiable valuation on a daily basis and can be sold, liquidated or closed by an offsetting transaction at any time at their fair value at the MMF's initiative.
Amendment 352 #
2013/0306(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Securitisations as defined in Article 10 shall not be received by the MMF as part of a reverse repurchase agreement. The assets received by the MMF as part of a reverse repurchase agreement shall not be sold, reinvested, pledged or otherwise transferred.
Amendment 367 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 372 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The aggregate risk exposure to the same counterparty of the MMF stemming from OTC derivative transactions shall not exceed 5% of its assets.
Amendment 382 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point c
Article 14 – paragraph 5 – point c
(c) OTC financial derivative instruments giving counterparty risk exposure to that body.
Amendment 525 #
2013/0306(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In addition to the marking to market method referred to in paragraphs 2 and 3 and marking to model method referred to in paragraph 4, the assets of a CNAV MMF exceptionally may also be valued by using the amortised cost method. Amortised cost accounting shall be applied only when all of the following conditions have been fulfilled: (a) national competent authorities have accepted this accounting method; (b) it is deemed to allow for an appropriate approximation of the price of the instrument. The use of amortisation shall be restricted to instruments with low residual maturity and in the absence of any particular sensitivity of the instruments to market factors. A residual maturity of 60 days shall be considered to be the maximum. Materiality thresholds and escalation procedures shall be in place to ensure that corrective actions are promptly taken when the amortised cost no longer provides a reliable approximation of the price of the instruments: at the level of the overall portfolio, thresholds of 10 basis points shall be deemed to be appropriate.
Amendment 584 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) the competent authority of the CNAV MMF, after consultation with ESMA, is satisfied with a detailed plan by the CNAV MMF specifying the modalities of the use of the buffer in accordance with Article 31;
Amendment 602 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point g a (new)
Article 29 – paragraph 2 – point g a (new)
(ga) it shall not be offered to retail investors as defined in Article 4 (11) of Directive 2014/64/EU [MIFID II].
Amendment 603 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. If the weekly maturing assets of a CNAV MMF fall below 15% of the fund's total assets at the end of any business day, the MMF shall impose a redemption fee to investors redeeming their shares of up to 3%. Any fee imposed would be lifted automatically once the MMF's level of weekly liquidity returns to 30% of its total assets.
Amendment 619 #
2013/0306(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Each CNAV MMF shall establish and maintain a NAV buffer amounting at all times to at least 3% of the total value of the CNAV MMF's assets. The total value of the CNAV MMF's assets shall be calculated as the sum of the values of each asset of the MMF determined in accordance with Article 26(3) or (4). By [OJ please insert date: five years after entry into force of this Regulation], all CNAV MMF established, managed or marketed in the Union shall be converted into VNAV MMF.
Amendment 662 #
2013/0306(COD)
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 2
Article 33 – paragraph 2 – subparagraph 2
The CNAV MMF shall inform immediately the competent authority and ESMA as well as each investor thereof in writing and in a clear and comprehensible way.
Amendment 686 #
2013/0306(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A CNAV MMF may not receive external support other than in the form and under the conditions laid down in Articles 30 to 34.
Amendment 689 #
2013/0306(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 695 #
2013/0306(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 704 #
2013/0306(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 772 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
Amendment 788 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
Amendment 796 #
2013/0306(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
By three years after the entry into force of this Regulation, the Commission shall review the adequacy of this Regulation from a prudential and economic point of view. In particular the review shall consider the operation of the CNAV buffer and the operation of the CNAV buffer to those CNAV MMFs that, in future, might concentrate their portfolios on debt issued or guaranteed by the Member States as well as the mandatory conversion into VNAVs for those funds. The review shall:
Amendment 22 #
2013/0157(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 26 #
2013/0157(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning of the trans- European transport network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop portModern port services should contribute to an efficient use and functioning of ports and a climate favourable to develop ports and create quality jobs in line with current and future transport and logistics requirements.
Amendment 31 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited toprovide a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service order to provide the specific port service in compliance with maritime safety requirements and environmental requirements. These requirements should take into account relevant social and labour standards as well as the good repute of the port service provider with regards to the respect of social and labour rights as well as applicable collective bargaining agreements.
Amendment 47 #
2013/0157(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure inter alia the accessibility of the port service to all users, the availability of the port service all year long or, the affordability of the port service to certain category of users, environmentally sustainable port operations or safe and secure port operations.
Amendment 51 #
2013/0157(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The managing body of the port should not discriminate between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 54 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States and it shall take into account Article 28 of the Charter of Fundamental Rights of the European Union. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to asky shall ensure that the chosen service operator to applyies the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11 . __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 60 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 70 #
2013/0157(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulationcase of any cross-border dispute or complaint.
Amendment 77 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) a framework for the recognition of safety, environmental and labour standards and Social Dialogue in the port service sector;
Amendment 110 #
2013/0157(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to address the challenges facing the maritime transport sector, it is essential that the actions on administrative simplifications set out in the Commission communication entitled 'Ports: an engine for growth' on administrative simplification be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays at ports, represents a major obstacle to the competitiveness of short sea shipping and the efficiency of Union ports.
Amendment 126 #
2013/0157(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 131 #
2013/0157(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 139 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the the equipment needed in order to provide the relevant port service, and compliance with maritime safety requiprement required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port services. These minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider regarding the respect of social and labour rights, and compliance with the applicable collective bargaining agreements.
Amendment 145 #
2013/0157(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 152 #
2013/0157(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 168 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States. In cases of limitation and should take into account Article 28 of the numbCharter of port service providers, wFundamental Rights of the European Union. Where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to askthe Member States shall require the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11 . __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 175 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex and dangerous sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring dockworkers' health and safety, as well as the quality of services. Adequate training shall be a right for every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 177 #
2013/0157(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for dockworkers. In many ports this has resulted in an increase of casual work arrangements, which lead to precarious and unsocial working conditions. The Member States, together with the social partners, shall take measures to ensure employment continuity and social protection, despite the fluctuations in demand for dock labour, in accordance with the principles set out in the ILO Convention concerning the Social Repercussions of the New Methods of Cargo Handling in Docks (ILO Convention No. 137).
Amendment 228 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 247 #
Amendment 280 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. ‘cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, lashing, unlashing, securing transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargowithout prejudice to the definitions in place in the Member States;
Amendment 324 #
Amendment 327 #
2013/0157(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 341 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The managing body of the portWithout prejudice to the possibility of imposing public service obligations as provided for in Article 8, the managing body of the port or the competent national authority may require that providers of port services, including subcontractors, comply with minimum requirements to perform the corresponding port service.
Amendment 344 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The minimum requirements provided for in paragraph 1 may only relate, where applicable,relate to:
Amendment 347 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment, workers and persons;
Amendment 357 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with social and labour laws, including applicable collective agreements, and agreements on the protection of health and safety of workers;
Amendment 360 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the good repute of the port service provider with regard to the respect of social and labour rights, including the compliance with applicable Union and national law, with standards set by collective bargaining agreements and with agreements to protect health and safety, including accidental prevention.
Amendment 368 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the competent national authority shall exercise the powers provided for in paragraph 1.
Amendment 383 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. BWithout prejudice to the different models for the organisation of port services and by way of derogation from Article 3, the managing body of the port or the competent national authority may limit the number of providers of port service for a given port service for one or several of the following reasons:
Amendment 393 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the health and safety of workers, or the provision of secure or environmentally sustainable port operations;
Amendment 419 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than two except if any of the reasons laid down in paragraph 1 justifies a single provider.
Amendment 425 #
2013/0157(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 459 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the health and safety of workers and the safety, security or environmental sustainability of ports operations.
Amendment 462 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the compliance with social and labour law, including applicable collective agreements.
Amendment 465 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. TWhile the obligations referred to in paragraph 1 shall be clearly defined, transparent, non- discriminatory, verifiable and shall guarantee equality of access to all port service providers established in the Union, they are not subject to restrictions by the Union.
Amendment 479 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 480 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1 (new)
Article 8 – paragraph 6 – subparagraph 1 (new)
Collective actions do not constitute a disruption of port services for which emergency measures can be taken.
Amendment 510 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall not affect the application of the social and labour rules of the Member States, including applicable collective agreements, of the Member State in which the port is located.
Amendment 517 #
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 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 servicesat European, national, regional or local level, the Member States shall require the designated provider of port services, in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations, to respect the rights in terms of information and consultation of workers and to grant staff previously taken on by the incumbent provider of port services, irrespective of whether they perform their tasks on board vessels or on land for the services in question, the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 520 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where mManaging bodies of the port require all providers of port services to comply with certainall social and labour standards as regards the provision of relevant port servicesset out in Union or national law including applicable collective agreements. To this end, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.
Amendment 521 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Working arrangement shall ensure the protection and continuation of employment in accordance with Member States rules and applicable collective agreements, and in line with ILO Convention No 137. Member States, in full cooperation with the social partners, shall take actions to ensure a balance between the fluctuation in demand for port work and the continuity and protection of employment.
Amendment 526 #
2013/0157(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for dockworkers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand. 4. Without prejudice to national law and applicable collective agreements, the employer shall ensure that working time arrangements safeguard the health and safety of its employees and are in line with Directive 2003/88/EC.
Amendment 537 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6), 10, and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage and towage.
Amendment 632 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as trade unions, the local community, environmental organisations, the local business community, undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and public administrations operating in the port area on the following: