730 Amendments of Jérôme LAVRILLEUX
Amendment 2 #
2018/2120(INI)
Draft opinion
Recital B
Recital B
B. whereas persistent gender gaps in the EU, such as the 11.6 % gender employment gap1, the 16.2 % gender pay gap2 and the 37.2 % gender pension gap3, among others, are not only unfair, but also still too wide and put women in vulnerable or precarious situations, such as poverty or social exclusion; _________________ 1 European Institute for Gender Equality, Gender Statistics Database. 2 Boll, C. and Lagemann, A., ‘Gender paywhereas urgent action needs to be taken to bridge these gaps in EU countries based on SES (2014)’, Luxembourg: European Commission, 2018. 3 European Commission, Pension Adequacy Report 2018.order to improve gender equality in the EU;
Amendment 3 #
2018/2120(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas bridging the gender pension gap – which currently stands at almost 40% on average within the EU, and which is also the result of the accumulation of inequalities experienced throughout women’s lives, as well as periods of absence from the labour market – is particularly important; whereas acknowledging women’s work as carers is a sound basis upon which effective action can be taken to address the issue of women accruing fewer pension entitlements;
Amendment 4 #
2018/2120(INI)
Draft opinion
Recital C
Recital C
C. whereas the quality of care services varies widely within and among Member States, private and public facilities, rural and urban areas and different age groups; whereas women are more affected by cuts to public services, including healthcare, education and housing, both directly as service users and employees, and indirectly through their support for family members who rely on core public services;
Amendment 6 #
2018/2120(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas women are more likely to take career breaks owing to their role within the family, and whereas it is more often women who stop work to care for a child or sick relative; whereas this role that women play can impede their careers; having regard to the ongoing discussions on establishing a work-life balance;
Amendment 8 #
2018/2120(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the European Semester should contribute to the completion of the European Pillar of Social Rights to ensure equal treatment and equal opportunities for women and men, as well as to uphold the right to equal pay for equal work by women and men and the right of access to good-quality, affordable healthcare;
Amendment 9 #
2018/2120(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets the lack of a gender perspective and gender indicators Advocates gender mainstreaming the framework ofroughout the European Semester, and calls on the Commission and the Member States to ensure greater inclusion of a gender mainstreaming perspective in the development of country-specific recommendations, stability and convergence programmes and national reform programmes by introducing qualitative targets and measures that address persistent gender gaps, and to systematically apby carrying out assessments on the state of play the principle of gender budgetingwith regard to gender equality in different sectors, in particular by using gender-disaggregated data;
Amendment 11 #
2018/2120(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to include the Gmonitor the situation with regard to gender Eequality Index as one ofthrough the European Semester’s tools for monitoring, so as to gain a clear idea of progress towards employment and social targets;
Amendment 12 #
2018/2120(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that unemployment, poverty and social exclusion are matters of concern, especially for women; stresses, therefore, that it is important to make sure that the European Semester process remains focused on delivering smart, sustainable and inclusive growth, with greater coordination of national and European policies in order to create more good-quality jobs within the EU, thereby addressing the gaps between women and men in the areas of unemployment, pay and pensions;
Amendment 13 #
2018/2120(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is concerned that the labour market is vertically and horizontally segregated throughout the EU, that there are pay and pension gaps between women and men, and that few women are involved in decision-making; emphasises that the employment rate of women is still below that of men; emphasises, furthermore, that this divergence in the employment rate is particularly marked among mothers and women with care responsibilities;
Amendment 14 #
2018/2120(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its cCalls on the Commission to support the Member States in making greater use of strucadopt a comprehensive approach to all types of care services, and to strengthen provisions that make it possible for appropriate European funding schemes to be used in an effective and mutural funds for investly reinforcing manner in the areas of lifelong learning, and infrastructure research and development, in public care structures and services for children, the elderly and other dependarticular via existing European Structural and Investment Funds; notes the proposal for a European Social Fund+ and other financial instruments, and the InvestEU fund, which paves the way for sound public and private investments in order to facilitate women’s return to the labour market and ensure a work-life balanceinfrastructure, with the aim being to finance care infrastructure; encourages the Member States to prioritise funding aimed at childcare and long-term care using the European Structural and Investment Funds, without prejudice to the negotiations on the next multiannual financial framework;
Amendment 15 #
2018/2120(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the Member States to identify effective funding models, including targeted funding, which strike a balance between public and private financing and are also tailored to suit national and local circumstances;
Amendment 17 #
2018/2120(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the importance of lifelong learning for women, too, since it gives women an opportunity to retrain in a constantly shifting labour market; calls for increased promotion of digital and ICT-related topics that can help girls address the stereotypes that exist in education and bridge gender gaps in employment rates and pensions;
Amendment 22 #
2018/2120(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that it is important to monitor the percentage of the total population considered to be NEETs between the ages of 15 and 24, as well as other auxiliary indicators, and to focus in particular on young women and girls as there is a major difference between the sexes when it comes to the proportion of young people who are not in employment, education or training;
Amendment 23 #
2018/2120(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for policies that support entrepreneurship among women, giving them access to financing and business opportunities by providing them with bespoke training and introducing measures to bring about a work-life balance;
Amendment 24 #
2018/2120(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the Commission proposal on work-life balance as a good way of encouraging employment among women and making the employment rate among women more balanced; calls on the Member States to improve gender equality in relevant sectors and in businesses whilst placing a special emphasis on disabled women, as they are particularly vulnerable in the labour market; calls on the Council to unblock the Women on Boards Directive;
Amendment 87 #
2018/2096(INI)
Motion for a resolution
Paragraph 16 – point a
Paragraph 16 – point a
(a) to systematically record the identity of Member State governments and their representatives when they express positions in Council preparatory bodies;
Amendment 53 #
2018/2055(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Maintains that awareness-raising measures and campaigns to prevent violence against girls and women have to extend to boys as well and should be organised during the first stages of education;
Amendment 90 #
2018/2055(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the urgent need for Member States, employers’ organisations and trade unions fully to support and encourage women to report cases of sexual harassment, gender-based discrimination, and bullying, without fear of possible consequences;
Amendment 102 #
2018/2055(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to introduce measures to prevent and combat violence and harassment at the workplace through policies which set out prevention measures, effective, transparent and confidential procedures to deal with complaints, strong and dissuasive sanctions for perpetrators, and comprehensive information to ensure that workers understand policies and procedures; stresses that these measures should not be incorporated into existing structures if these structures already have inbuilt gender barriers;
Amendment 118 #
2018/2055(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls ononsiders that all politicians toshould be held to the highest standards of conduct and act as responsible role models in preventing and combating sexual harassment in parliaments and beyond, taking into account their office, their responsibilities, and the trust which has been placed in them;
Amendment 121 #
2018/2055(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Acknowledges that parity lists play a key role in enabling the participation of women in politics; calls on the Member States to introduce such lists for elections to the European Parliament;
Amendment 132 #
2018/2055(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Highlights that awareness-raising campaigns, aimed at people of all ages and from every background, are among the best tools in helping to address gender- based violence in public spaces;
Amendment 4 #
2018/2053(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the most appropriate EFP model will be put in place in each Member State so as to respect the specific characteristics of the country and the existing schemes and will mostly depend on the size, activity and status of the company, especially if it is listed;
Amendment 20 #
2018/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EFP schemes couldshould be encouraged and developed as they can have positive impacts on the economy of Member States by supporting companies, including SMEs and the job market, in that financial participation by staff can improve their motivation and thus increase the company’s productivity, as well as strengthening staff loyalty and thus encouraging them to remain in their jobs;
Amendment 25 #
2018/2053(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas EFP must go hand-in- hand with a high level of information for and consultation with staff so that they are fully aware of the functioning of the financial participation schemes that they could join, to enable them to make a fully informed assessment of the potential risks and benefits of these schemes;
Amendment 29 #
2018/2053(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the EFP consisting of employee share ownership schemes should be accompanied by adequate training for employees, so that they are fully aware of the level of risk inherent in their investment;
Amendment 39 #
2018/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas an ESOP ismay be an example of an effective employee buy-out model for non-listed companies in which an intermediate entity acquires the shares for the employees, protecting them from additional risks;
Amendment 44 #
2018/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas participation in the EFP should remain voluntary for employees, particularly in SMEs, while not affecting their mobility;
Amendment 47 #
2018/2053(INI)
Motion for a resolution
Recital L
Recital L
L. whereas it is generally assumed that fiscal incentives are key elements to promote EFP that could pay off in a medium to long term, considering that countries which have a long tradition of employee financial participation also have the most developed employee ownership and the highest fiscal benefits;
Amendment 54 #
2018/2053(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the European Globalisation Adjustment Fund, which supports re- skilling and EFP, is an avenue for continuously training workers, maintaining their employability and reducing the risks of getting laid off helps people who have lost their jobs as a result of major structural changes due to globalisation or the economic and financial crisis, in particular through measures for re- skilling, training, support for self- employment, business start-ups and employee takeovers;
Amendment 61 #
2018/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to consider appropriate measurerecommendations to encourage Member States and companies, particularly SMEs, that show an interest in EFP to develop and offer EFP schemes;
Amendment 66 #
2018/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to provide non-mandatory incentives, in line with best practice principles, when promoting employee ownership schemes among companies and employees;
Amendment 74 #
2018/2053(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the transnational obstacles that are faced by both companies offering such schemes in several Member States, and employees, namely discrepancies in legislation and taxation which mayhe risks of double taxation which may incur substantial administrative costs and impinge on the freedom of movement of workers, which plays an important role in combating the scourge of unemployment and enhancing convergence and integration among Member States;
Amendment 76 #
2018/2053(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to put forward targeted solutions and specific support measures for SMEs, in particular by encouraging the operators of employee savings schemes, such as banks and investment funds, to propose simple incentive schemes tailored to suit this type of company;
Amendment 77 #
2018/2053(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission, with the help of the European Foundation for the Improvement of Living and Working Conditions, to continue collecting data on the use and spread of financial participation schemes, as well as to examine the impact of financial participation on the functioning of the company, the quality of its work and retention of workers in employment;
Amendment 88 #
2018/2053(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to engage with social partners, employee ownership organisations and other stakeholders to design the most appropriate EFP schemes, negotiated on a ‘plant-by-plant’ basis and considering the size and type of company, its workforce and financial situation, but also the national legislation and practices;
Amendment 90 #
2018/2053(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends negotiating employee savings schemes and tools at a branch-by-branch level in order to provide SMEs and VSEs with standard agreements that can be implemented directly and conveniently by these companies;
Amendment 91 #
2018/2053(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Invites the Member States to provide, on dedicated institutional sites, model profit-sharing agreements for SMEs and VSEs for ease of implementation;
Amendment 92 #
2018/2053(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that EFP should be open to all employees on a non-discriminatory basis, regardless of age, sex, trade-union membership, full-time / part-time work arrangements, the size of the company, etc.;
Amendment 99 #
2018/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the decision to join EFP schemes should be based on the informed consent of an employee, fully aware of his or her entitlements, obligations and risks, of the situation of the company and of the taxation effects when joining the scheme and the conditions which apply when he or she leaves the company or the scheme by ensuring the employee has a high level of information and training on the nature and characteristics of the financial participation schemes to which he or she may be eligible;
Amendment 104 #
2018/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that EFPthe EFP should always remain voluntary, both for companies and employees, and that its benefits should always be complementary to the contractual remuneration and rights;
Amendment 109 #
2018/2053(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the important role that the EFP can play in fostering entrepreneurship and an entrepreneurial mindset by facilitating research and access to capital, especially for start-ups;
Amendment 9 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the overall year-on-year increase proposed by the Commission in the appropriations of heading 1 – Smart and inclusive growth (+3.91 % in commitment appropriations and +1,83 % in payment appropriations);
Amendment 10 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges the modest increase proposed by the Commission in the appropriations of heading1b - Economic, social and territorial cohesion (+2,8 % in commitment appropriations and +1,1% in payment appropriations);
Amendment 16 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the proposal to increase the commitment appropriations for the FEAD and the EGF (+2% for each); regrets, however, the decrease (-60%) of the payment appropriations for the EGF, as well as the decreases (respectively 1.5% and -0.4%) of the commitment and payment appropriation for the EaSI; stresses that the commitment appropriations for 'Microfinance and Social Entrepreneurship' will have to be maintained at an ambitious level;
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses, furthermore, that the budget lines supporting European social dialogue and measures for social partners are of prime importance when it comes to strengthening social partners’ involvement, for example in the European Semester and the implementation of the European Pillar of Social Rights; and thuscknowledges the slight increase in commitment appropriations (6,4%) but regrets the decrease in payment appropriations (- 21.8%) proposed by the Commission as regards industrial relations and social dialogue;
Amendment 30 #
2018/2046(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the creation of the European Labour Authority, which is expected to begin operating in 2019; highlights the need to provide for additional funding to ensure that sufficient financial resources are set aside for its establishment; regrets that the funding proposed by the Commission (EUR 11 million, appropriations are to be entered into the reserve until such time as the basic act is adopted by the legislator) is of a lower magnitude than the one of other EU agencies in the area of employment and social affairs; insists that this funding cannot be accomplished by redeploying allocations from the other employment and social affairs agencies; notes that the EURES portal will gradually be shifted under the ELA in 2019 and 2020 and calls for assurance that this transfert of activities does not lead neither to any cut in the EURES budget nor to any disruptions in the functionning of the portal;
Amendment 2 #
2018/2024(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area, which are furthest from being achieved, and a successful implementation of the European Pillar of Social Rights, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014- 2020 multiannual financial framework (MFF);
Amendment 8 #
2018/2024(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that robust recovery and, sustainable growth and structural reforms are key factors to creating quality jobs, increasing prosperity and boosting upward social convergence, and that the European structural and investment funds should be directed more effectively towards creating employment, promoting inclusive growth, fostering social cohesion and, reducing inequalities and promoting upskilling measures and life-long-learning;
Amendment 14 #
2018/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of adequate funding for the programmes and initiatives within the 2014-2020 MFF that seek to address unemployment, poverty and social exclusion, and especially those aimed at the most disadvantaged in society, such as the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the various axes of the Programme for Employment and Social Innovation (EaSI), the separate budget lines supporting European social dialogue and workers’ organisationmeasures towards social partners, and the Fund for European Aid to the Most Deprived (FEAD); insists, therefore, that the resources of these programmes should be increased for the 2019 budget, or at least maintained at the levels of the previous year;
Amendment 16 #
2018/2024(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expects the 2019 budget to continue demonstrating great ambition to fight youth unemployment; calls on the continuation of efforts to improve the implementation of the Youth Employment Initiative, by ensuring that the offers of employment, education or training match with participant profiles and labour market demand in order to place participants in sustainable employment;
Amendment 21 #
2018/2024(BUD)
Draft opinion
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Sees that the low absorption rate is partly due to administrative barriers; calls therefore further reduction of administrative barriers to improve the access to funds;
Amendment 22 #
2018/2024(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the principle of proportionality must prevail in the management and control of structural programs; calls on the Commission and the Member States to explore the possibilities of an online system of application more conducive to administrative simplification for project managers;
Amendment 23 #
2018/2024(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission, in line with the ECA Special Report 06/2018, to better identify and monitor funding addressed to labour mobility in the scope of EaSI and ESF, to ensure complementarity and better performance monitoring of the funds, and hence their efficient and effective use;
Amendment 92 #
2018/0243(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to uphold and promote sustainable development and the fight against inequalities in all their forms, in particular gender inequalities, and to preserve the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.
Amendment 103 #
2018/0243(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Pursuant to the Sustainable Development Goals, this Regulation should contribute to reinforced monitoring and reporting with a focus on results, covering outputs, outcomes and impacts in partner countries benefiting from the Union's external financial assistance. In particular, as agreed in the Consensus, actions under this Regulation are expected to contribute 20 % of the Official Development Assistance funded under this Regulation to social inclusion and human development, includingwith special attention to be paid to basic social services, and in particular health and education, taking into account gender equality and women'sthe empowerment of women and girls as a cross-cutting issue.
Amendment 110 #
2018/0243(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The main approach for actions financed under this Regulation should be through geographic programmes, in order to maximise the impact of the Union's assistance and bring Union's action closer to partner countries and populations. This general approach should be complemented by thematic programmes and by rapid response, gender-based actions, where relevant.
Amendment 123 #
2018/0243(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201678, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements should, where appropriate, can include measurable indicators, such as gender disaggregated data, as a basis for evaluating the effects of the Programme on the ground. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 78 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 128 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b
Article 3 – paragraph 2 – subparagraph 1 – point b
Regulation 2018/0243
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) at global level, to consolidate and support democracy, rule of law and human rights, promote gender equality and the empowerment of women and girls, support civil society organisations, further stability and peace and address other global challenges including migration and mobility;
Amendment 132 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point a
Article 4 – paragraph 3 – subparagraph 1 – point a
Regulation 2018/0243
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) Human Rights, Gender Equality and Democracy;
Amendment 136 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
Regulation 2018/0243
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The actions implemented through the thematic programmes or rapid response operations shall take gender into account and shall be based on gender disaggregated data.
Amendment 137 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 1
Article 6 – paragraph 2 – point b – indent 1
Regulation 2018/0243
Article 6 – paragraph 2 – point b – indent 1
Article 6 – paragraph 2 – point b – indent 1
– Human Rights, Gender Equality, Empowerment of Women and Girls, and Democracy EUR 1 500 million,
Amendment 146 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Regulation 2018/0243
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural shall be applied in order to integrate human rights principles, to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups, on basic social rights and services, and to assist partner countries in implementing their international human rights obligations. This Regulation shall promote gender equality and women’s empowerment, making it a cross-cutting objective.
Amendment 152 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 4
Article 8 – paragraph 3 – subparagraph 4
Regulation 2018/0243
Article 8 – paragraph 3 – subparagraph 4
Article 8 – paragraph 3 – subparagraph 4
In relations with partner countries, their track record in implementing commitments, international agreements, in particular the Paris Agreement, and contractual relations with the Union shall be taken into account.
Amendment 153 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Cooperation between the Union and the Member States, on the one hand, and partner countries, on the other hand, shall be based on and shall promote the development effectiveness principles, where applicable, namely: ownership of development priorities by partner countries, a focus on results, inclusive development partnerships, transparency and, mutual accountability and gender equality. The Union shall promote effective and efficient resource mobilisation and use.
Amendment 155 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Regulation 2018/0243
Article 8 – paragraph 4 – suparagraph 3
Article 8 – paragraph 4 – suparagraph 3
In line with the principle of inclusive partnership, where appropriate, the Commission shall ensure that relevant stakeholders of partner countries, including civil society organisations and local authorities, are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design, implementation and associated monitoring processes of programmes.
Amendment 159 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Regulation 2018/0243
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Programmes and actions under this Regulation shall mainstream climate change, environmental protection and, gender equality and the empowerment of women and girls and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of risks and vulnerabilities, integrate a resilience approach and be conflict sensitive. They shall be guided by the principle of leaving no one behind.
Amendment 164 #
2018/0243(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Regulation 2018/0243
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where requirements cannot be met by recourse to non-military actors to adequately reach Union objectives under this Regulation and there is a threat to the existence of functioning State institutions or to the protection of human rights, gender equality and fundamental freedoms and State institutions cannot cope with that threat; and
Amendment 171 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Regulation 2018/0243
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) the partners’ needs, established on the basis of specific criteria, taking into account the population, poverty, inequality, human development, the state of human rights and fundamental freedoms, economic and environmental vulnerability, and state and societal resilience. These criteria should be based on data broken down by age and gender in order to be as representative as possible;
Amendment 175 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2 a (new)
Article 11 – paragraph 6 – subparagraph 2 a (new)
Regulation 2018/0243
Article 11 – paragraph 6 – suparagraph 2a (new)
Article 11 – paragraph 6 – suparagraph 2a (new)
Special attention should be paid to conflict prevention, peace building, post- conflict reconciliation and reconstruction measures and disaster preparedness, as well as to the role of women and the rights of children in those processes.
Amendment 177 #
2018/0243(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Regulation 2018/0243
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Multiannual indicative programmes shall set out the priority areas selected for Union financing, the specific objectives, the expected results, clear and specific performance indicators broken down by age and gender, and the indicative financial allocations, both overall and per priority area.
Amendment 179 #
2018/0243(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Regulation 2018/0243
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Multiannual indicative programmes for thematic programmes shall set out the Union's strategy, the priorities selected for financing by the Union, the specific objectives, the expected results, clear and specific performance indicators, based on gender disaggregated data, and the international situation and the activities of the main partners for the theme concerned.
Amendment 182 #
2018/0243(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
Regulation 2018/0243
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) needs, using indicators such as population and level of development, focusing particularly on gender gaps and gender inequalities;
Amendment 192 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2 a (new)
Article 21 – paragraph 5 – subparagraph 2 a (new)
Regulation 2018/0243
Article 21 – paragraph 5 – subparagraph 2 a (new)
Article 21 – paragraph 5 – subparagraph 2 a (new)
Similarly, appropriate gender equality screening shall be undertaken for actions, to ensure that they comply with the applicable legislative acts of the Union, namely Recast Directive 2006/54/EC of the European Parliament and of the Council83 a and Council Directive 2004/113/EC83 b. __________________ 83 a Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). 83 b Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
Amendment 194 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Regulation 2018/0243
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Budget support as referred to in point (c) of paragraph 1, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and shared commitments to universal values, democracy, human rights, the rule of law and gender equality, and aims at strengthening partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity development, and improved governance, complementing partners' efforts to collect more and spend better in order to support sustainable and inclusive economic growth and jobs and poverty eradication.
Amendment 205 #
2018/0243(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
Regulation 2018/0243
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall report on financial instruments, budgetary guarantees, financial assistance in accordance with Article 241 and 250 of the Financial Regulation. This report shall include an evaluation of the results of the actions implemented, in particular with regard to gender equality, based on gender disaggregated data. To this purpose, the eligible counterparts shall provide annually the information necessary to allow the Commission to comply with the reporting obligations.
Amendment 227 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point c
Annex II – part A – point 2 – point c
Regulation 2018/0243
Annex II – part A – paragraph 2 – point c
Annex II – part A – paragraph 2 – point c
(c) Promoting the protection and fulfilment of women's and girls' rights, including economic, labour and social rights, and sexual and reproductive health and rights, and preventing sexual and gender-based violence in all forms, as well as protecting women and their daughters;
Amendment 256 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 1 – point a a (new)
Annex III – point 4 – part A – point 1 – point a a (new)
Regulation 2018/0243
Annex III – point 4 – part A – point 1 – point a a (new)
Annex III – point 4 – part A – point 1 – point a a (new)
(aa) Promoting, providing and extending essential psychological support services for victims of violence, in particular women and children;
Amendment 258 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 2 – point c
Annex III – point 4 – part A – point 2 – point c
Regulation 2018/0243
Annex III – point 4 – part A – point 2 – point c
Annex III – point 4 – part A – point 2 – point c
(c) Supporting global action on reducing discrimination and all dimensions of inequalities, such as the gaps between girls/women and boys/men, to ensure that everyone has equal opportunity to take part in economic, political and social life.
Amendment 261 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point a
Annex III – point 4 – part A – point 3 – point a
Regulation 2018/0243
Annex III – point 4 – part A – point 3 – point a
Annex III – point 4 – part A – point 3 – point a
(a) Leading and supporting global efforts, partnerships and alliances to eliminate all forms of violence and discrimination against women and girls; this includes physical, psychological, sexual, economic, political and other types of violence and discrimination, including exclusion that women suffer in the different areas of their private and public lives;
Amendment 263 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point a a (new)
Annex III – point 4 – part A – point 3 – point a a (new)
Regulation 2018/0243
Annex III – point 4 – point 3 – point a a (new)
Annex III – point 4 – point 3 – point a a (new)
(aa) Promoting the protection and fulfilment of women’s and girls’ rights, including economic, labour, social and political rights, in addition to sexual and reproductive health, including also sexual and reproductive rights relating to health, education and the supply of goods.
Amendment 65 #
2018/0212(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Additional instruments are therefore necessary to avoid the possibility in the future that large asymmetric shocks will result into deeper and broader situations of stress and weaken economic, social, and territorial cohesion.
Amendment 76 #
2018/0212(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The activation of EISF support should therefore be determined by a double activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment compared to a certain threshold. The formula for calculating the amount of EISF loan support should also take into account the trend in the youth unemployment rate in the Member State requesting support.
Amendment 88 #
2018/0212(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 114 #
2018/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission, including the European Anti-Fraud Office and the European Parliament, shall in particular have the right to send its officials or duly authorised representatives, for example independent experts, to carry out in the Member State concerned any technical or financial controls or audits that ithey considers necessary in relation to EISF support.
Amendment 119 #
2018/0212(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 1 – point c
Annex II – point 2 – paragraph 1 – point c
(c) employment, unemployment rate, youth unemployment rate, participation rates, indicators of part time employment, hours worked;
Amendment 53 #
2018/0206(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is confronted with structural challenges arising from economic globalisation, the management of migration flows and the increased security threat, clean energy transition, technological change, unemployment in general and youth unemployment, and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevant skills, making growth more inclusive and by improving employment and social policies, including in view of labour mobility.
Amendment 84 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ shouldGiven that it is the main Union instrument focused on employment and skills, it is essential that the ESF+ is able to contribute to social, economic, and territorial cohesion in all parts of Europe. To that end it must provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences, notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ shouldmust help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This couldan be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 123 #
2018/0206(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the differences in levels of development within Europe as a whole, ESF+ assistance must always be flexible enough to allow for specific regional and territorial characteristics.
Amendment 147 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, as well as the European Pillar of Social Rights. In particular, the Commission and the Member States should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 170 #
2018/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Disparities are growing at subregional level, including in more prosperous regions where there are pockets of poverty.
Amendment 185 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levelthe European institutions and national, regional, and local authorities and the socio- economic actors, in particular the social partners and civil society. It is therefore essential that Member States encourage the participation of sinvolve regional and locial partners and civil societyauthorities in the implementation of the ESF+ under shared management. , while also encouraging the participation of social partners and civil society.
Amendment 227 #
2018/0206(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Pursuant to Article [94 of Council Decision 2013/755/EU19], persons and entities established in Overseas Countries and Territories (OCTs) are to be eligible for funding subject to the rules and objectives of the Employment and Social Innovation and Health strands and possible arrangements applicable to the Member State to which the relevant OCTs are linked. The programme will need to allow for the particular constraints affecting persons and entities established in those territories in order to provide for proper access to those strands. __________________ 19 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union ( ‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).
Amendment 267 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘overseas countries and territories’ means overseas countries and territories to which the provisions of Part Four of the Treaty on the Functioning of the European Union apply and which are listed in Annex II to that Treaty;
Amendment 283 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ESF+ aims to support Member States, at national, regional and local level, to achieve high employment levels, fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Amendment 297 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) under shared management, whereby the programming and implementation shall be delegated to the Member States and the regions, for the part of the assistance which corresponds to the specific objectives indicated in Article 4(1) (the ‘ESF+ strand under shared management’), and
Amendment 304 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, mobility, social inclusion and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
Amendment 357 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vii
Article 4 – paragraph 1 – point vii
(vii) fostering active social inclusion with a view to promoting equal opportunities and active participation, and improving employability;
Amendment 363 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii a (new)
Article 4 – paragraph 1 – point viii a (new)
(viiia) promoting equal opportunities for all European citizens, including the most remote, by supporting mobility.
Amendment 386 #
2018/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The part of the financial envelope for the ESF+ strand under shared management under the Investment for Jobs and Growth goal shall be EUR 100 000 000 000 in current prices or EUR 88 646 194 590 in 2018 prices of which EUR 200 000 000 in current prices or EUR 175 000 000 in 2018 prices shall be allocated for transnational cooperation supporting innovative solutions as referred to in Article 23(i) and EUR 400 000 000 in current prices or EUR 376 928 934 in 2018 prices as additional funding to the outermost regions identified in Article 349 TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. The specific allocation for the outermost regions referred to in Article 349 TFEU provides for compensation of the additional costs connected with one or more permanent constraints hampering their development. In particular, it supports mobility actions.
Amendment 502 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of regional and local authorities, social partners and civil society organisations in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management.
Amendment 534 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Regulation No 2018/0206
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the challenges identified in relevant country-specific recommendations and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities. Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between these specific priorities and the European Pillar of Social Rights.
Amendment 179 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of four months, in an enterprise in a Member State, including where that cessation applies in its suppliers or downstream producers;
Amendment 183 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of six months, particularly in SMEs, where all operate in the same economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions defined at NUTS 2 level or in more than two contiguous regions defined at NUTS 2 level provided that there are more than 2500 workers or self-employed persons affected in two of the regions combined;
Amendment 187 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of four months, particularly in SMEs, operating in the same or different economic sectors defined at NACE Revision 2 division level and located in the same region defined at NUTS 2 level.
Amendment 191 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In small labour markets, in the outermost regions, or in exceptional circumstances, in particular with regard to applications involving SMEs or VSEs, where duly substantiated by the applicant Member State, an application for a financial contribution under this Article may be considered admissible even if the criteria laid down in points (a), (b) or (c) of paragraph 1 are not entirely met, when the redundancies have a serious impact on employment and the local or regional economy. The applicant Member State shall specify which of the intervention criteria set out in points (a), (b) or (c) of paragraph 1 are not entirely met. The aggregated amount of contributions in exceptional circumstances may not exceed 15 % of the annual ceiling of the EGF.
Amendment 259 #
2018/0202(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
The Commission shall implement information and communication activities on EGF cases and outcomes based on its experience, with the aim of improving the effectiveness of the EGF and ensuring that Union citizens and workerscitizens, workers, the Union’s social partners, and the stakeholders or authorities whose responsibility it is to activate the EGF know about the EGFfund.
Amendment 68 #
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 yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU. In general, Member States and, where appropriate, the Commission should foster synergies and ensure coordination, complementarity and coherence between these specific priorities and the European Pillar of Social Rights.
Amendment 89 #
2018/0196(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) There ought to be provision for use to be made of regional indicators so that subregional disparities can be taken into account more effectively.
Amendment 97 #
2018/0196(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions. Furthermore, the undoubted consequences - at national and, above all, subnational level - of the United Kingdom’s withdrawal from the EU might make it necessary to apply state aid rules with sufficient flexibility to ensure that certain critical situations can be dealt with.
Amendment 98 #
2018/0196(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
Amendment 100 #
2018/0196(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits. Management and control of the Funds should be governed by the principle of proportionality in relation to the level of risk to the budget of the Union. .
Amendment 109 #
2018/0196(COD)
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) It should be pointed out that the United Kingdom’s withdrawal from the Union will have an asymmetrical impact on local and regional authorities, depending both on the economic sectors involved, such as fisheries, agriculture and, above all, port activities, and on the particular regions and Member States concerned. The fact is that some regions and Member States are more exposed to economic risks because of the nature and extent of their trading links with the United Kingdom. Making use of the specific budget heading created in 2001 to help border regions in their dealings with prospective Member States should be looked into as a way of providing a stabilisation fund to mitigate the economic consequences of the United Kingdom’s withdrawal. Furthermore, in the light of the challenges posed by Brexit at local and regional level, there will need to be ongoing cooperation involving exchanges of good practices at local and regional authority level.
Amendment 332 #
2018/0196(COD)
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) It should be pointed out that the United Kingdom’s withdrawal from the Union will have an asymmetrical impact on local and regional authorities, depending both on the economic sectors involved, such as fisheries, agriculture and, above all, port activities, and on the particular regions and Member States concerned. The fact is that some regions and Member States are more exposed to economic risks because of the nature and extent of their trading links with the United Kingdom. Making use of the specific budget heading created in 2001 to help border regions in their dealings with prospective Member States should be looked into as a way of providing a stabilisation fund to mitigate the economic consequences of the United Kingdom’s withdrawal. Furthermore, in the light of the challenges posed by Brexit at local and regional level, there will need to be an ongoing cooperation involving exchanges of good practices at local and regional authority level.
Amendment 2085 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 16 a (new)
Annex XXIV – point 16 a (new)
16a. A total of EUR 120 000 000 will be allocated to create a specific support fund for EU regions affected by the United Kingdom’s withdrawal from the Union. The aim of this fund is to mitigate the economic consequences and asymmetrical impact of the United Kingdom’s withdrawal and to provide targeted support to the EU local and regional authorities and to the sectors negatively affected, including fisheries, agriculture, tourism and port activities. This fund shall pay particular attention to EU regions that will, as a result of the United Kingdom’s withdrawal, find themselves situated on an external (sea or land) EU border.
Amendment 100 #
2018/0114(COD)
Proposal for a directive
Article premier – paragraph 1 – point 3
Article premier – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 a – paragraph 1
Article 86 a – paragraph 1
1a. The Member State of destination may require a company which is transferring its registered office to its territory to simultaneously relocate its central administration, where this requirement is laid down in national legislation for undertakings established in their territory.
Amendment 132 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – Title
Article 86 e – Title
Report of the management or administrative organ to the members and employees
Amendment 134 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 1
Article 86 e – paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report for the members and employees explaining and justifying the legal and economic aspects of the cross-border conversion.
Amendment 137 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c a (new)
Article 86 e – paragraph 2 – point c a (new)
(ca) the implications of the cross- border conversion for the safeguarding of employment relationships;
Amendment 140 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c b (new)
Article 86 e – paragraph 2 – point c b (new)
(cb) any material changes in the conditions of employment and in the location of the companies’ places of business;
Amendment 141 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points (a), (ca) and (cb) affect any subsidiaries of the company.
Amendment 145 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to theand representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, not less than two months before the date of the general meeting referred to in Article 86i.
Amendment 148 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 a (new)
Article 86 e – paragraph 3 a (new)
3a. Where the management or administrative organ of the company carrying out the cross-border conversion receives, in good time, an opinion from the representatives of its employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 151 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4
Article 86 e – paragraph 4
4. However, that report shall not be required where allt least two thirds of the members of the company carrying out the cross-border conversion have agreed to waive this requirement.
Amendment 152 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 a (new)
Article 86 e – paragraph 4 a (new)
4a. However, where a company carrying out a cross-border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the report referred to in paragraph 1 shall not be required.
Amendment 154 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 b (new)
Article 86 e – paragraph 4 b (new)
4b. Paragraphs 1 to 4 are without prejudice to the applicable information and consultation rights and procedures instituted at national level in response to the transposition of Directive 2002/14/EC or 2009/38/EC.
Amendment 155 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f
Article 86 f
Amendment 188 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – title
Article 86 g – title
Article 86g Examination by an independent expertthe competent authority
Amendment 191 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – point 3
Article 86 g – paragraph 1 – point 3
1. Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine and assess for an assessment of the draft terms of the cross- border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 193 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 2
Article 86 g – paragraph 1 – subparagraph 2
The application forto the appointment of an expertcompetent authority shall be accompanied by the following:
Amendment 197 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2. The competent authority shall appointIf it considers it necessary, the competent authority shall be free to seek the assistance of an independent expert within five working days from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The expert shall be independent from the company carrying out the cross-border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
Amendment 199 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The expertWhere there is reasonable doubt as to the real reason for a cross-border conversion, the competent authority shall draw up a written report providing at least:
Amendment 203 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 4
Article 86 g – paragraph 4
4. Member States shall ensure that the independent expert shall becompetent authority is entitled to obtain, from the company carrying out the cross- border conversion, all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports. The expertcompetent authority shall also be entitled to receive comments and opinions from the representatives of the employees of the company, or, where there are no such representatives, from the employees themselves and also from the creditors and members of the company.
Amendment 204 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 5
Article 86 g – paragraph 5
5. Member States shall ensure that information submittgathered toby the independent expertcompetent authority can only be used for the purpose of drafting theits report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expertcompetent authority may submit a separate document containing any such confidential information to the competent authority, designated in accordance with Article 86m(1) and that separate document shall only be made available to the company carrying out the cross-border conversion and not be disclosed to any other party.
Amendment 214 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1 – point a
Article 86 j – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forwho voted against the approval of the draft terms of the cross- border conversion;
Amendment 216 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 3
Article 86 j – paragraph 3
3. Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86is must express their intention to avail themselves of their exit right before the general meeting. Member States shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 218 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 5
Article 86 j – paragraph 5
5. Member States shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the cash compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer.
Amendment 219 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 k – paragraph 2
Article 86 k – paragraph 2
2. Member States shall ensure that creditors who are dissatisfied with the protection of their interests provided for in the draft terms of the cross-border conversion, as provided for in Article 86d(f), and who have lodged their objection before the cross-border conversion may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 86h.
Amendment 339 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126 a – paragraph 3
Article 126 a – paragraph 3
3. Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126The members shall express their intention of invoking their exit right before the general meeting or, in cases where the approval of the general meeting is not required, within twoone months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 27 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society and the public interest. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 33 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest. In keeping with all these statements, whistleblower protection must ensure the reputation of companies is upheld, particularly if the subject of the report has not yet been proven.
Amendment 43 #
2018/0106(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) In order to make full use of the provisions of this Directive, activities that are not deemed to be unlawful, but which would likely be detrimental to the public interest, should be potential subjects of reporting. A provision should thus be included to ensure that, in cases where reports relate to these activities, the reporting person is entitled to protection laid out in this Directive.
Amendment 69 #
2018/0106(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Generally speaking, and for all those activities and companies covered by this Directive, external and internal reporting channels should be coordinated effectively so as to cover as many situations as possible.
Amendment 73 #
2018/0106(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) The confidentiality of the reporting person and anyone involved must be ensured so that the reporting process runs as smoothly as possible without any impediment, and so that self- censorship is avoided. Indeed, the protection of personal data is laid down in Union law and in national law, and said data requires all the more protection in the event of reporting.
Amendment 113 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
Directive 2018/0106
Article 1, paragraph 1, point d a (new)
Article 1, paragraph 1, point d a (new)
(da) infringements of those liberties, principles, common values and fundamental rights laid out in the Charter of Fundamental Rights of the European Union.
Amendment 167 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Directive 2018/0106
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The reporting procedure ought to be scaled in some way so as to ensure measures designed to protect whistleblowers are balanced.
Amendment 221 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Persons reporting information concerning breaches of Union law detrimental to the public interest externally to competent authorities or making a public disclosure in accordance with this Directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and incur liability of any kind in respect of such disclosure.
Amendment 222 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Directive 2018/0106
Article 15, paragraph 5 a (new)
Article 15, paragraph 5 a (new)
5 a. Where the legal proceedings instituted against the whistleblower are a clear consequence of their reporting and there is sufficient evidence that they have been initiated with abusive intent, the competent court shall sanction the applicant for abuse of procedure.
Amendment 223 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Directive 2018/0106
Article 15 paragraph 5 b (new)
Article 15 paragraph 5 b (new)
5 b. Similarly, the reputation of the company the reporting person is calling into question must be protected throughout the reporting procedure to ensure that any allegation that proves to be false does not have lasting consequences for the company concerned.
Amendment 84 #
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 trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, without prejudice to the EURES-T cross-border partnerships’ tasks of providing information, advice and support on all cross-border labour market issues, 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 131 #
2018/0064(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, particularly SMEs, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation.
Amendment 141 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-EURES-T cross- border partnerships that enable the cross- border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53. __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 143 #
2018/0064(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Authority shall take over responsibility for the EURES portal’s technical and operational tasks. This transfer of activity must neither cause the EURES budgets to be reduced nor shall it disrupt the portal’s operations. By maintaining an ambitious budget independent of any national or regional contributions for EURES – i.e. administered directly by the European Commission – the Authority shall ensure the proper functioning of the portal and the highest quality in the information services EURES provides to individuals and employers.
Amendment 149 #
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 without, however, replacing the mediation role played by the Administrative Commission for Social Security Regulations. The Authority shouldmay 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, andprovided that this neither undermines the benefits and services provided by EURES and the EURES-T cross-border partnerships nor serves as a pretext for a reduction in the budget for EURES and the EURES-T cross-border partnerships. The provision of IT services, the operation and the development of the IT infrastructure, which willill, meanwhile, 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 162 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, once it is fully functioning and operational, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 193 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope, without impinging on the powers of the Court of Justice of the European Union. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 203 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission and the European Parliament 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 240 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 without, however, replacing the Administrative Commission’s mediation duties. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations.
Amendment 341 #
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 on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7and without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues;
Amendment 368 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Regulation 2018/0064
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13, without impinging on the powers of the Court of Justice of the European Union;
Amendment 379 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross- border labour market disruptions, in accordance with Article 14, in close collaboration with the EURES-T cross- border partnerships.
Amendment 399 #
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 to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES, particularly Article 27 thereof, on support services in cross-border regions, and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 409 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, particularly support that may be provided by EURES-T cross-border partnerships, including through guidance on access to learning and language training;
Amendment 445 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 449 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including the development of targeted mobility schemes or, in border regions, EURES-T cross- border partnerships;
Amendment 450 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) enable the cross-border matching of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES and in close collaboration, in border regions, with the EURES-T cross-border partnerships which advise and inform workers and employers on cross-border mobility opportunities;
Amendment 457 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Regulation 2018/0064
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) facilitate cooperation between 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, without impinging on the mediation role and powers of the Administrative Commission for Social Security Regulations.
Amendment 520 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system, once it is fully functioning and operational, and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 525 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Regulation 2018/0064
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, – the establishment of the Platform Tackling Undeclared Work being a good example of such cooperation – and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development.
Amendment 564 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advancwithin a reasonable deadline. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 663 #
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 imbalances, 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 skills forecasting and health and safety at work. Upon a request by the European Commission or the competent committee of the European Parliament, the Authority may carry out focused in- depth analyses and studies to investigate specific labour mobility issues.
Amendment 711 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Regulation 2018/0064
Article 13 paragraph 1
Article 13 paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role, without impinging on the powers of the Court of Justice of the European Union.
Amendment 738 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Regulation 2018/0064
Article 13 paragraph 4
Article 13 paragraph 4
4. Cases in which there are ongoing court proceedings or preliminary investigations at national or Union level shall not be admissible for mediation by the Authority.
Amendment 793 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the European Commission and the European Parliament, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 806 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and two representatives of the European Commission, all of whom have voting rights, as well as independent experts appointed by the European Parliament to represent it.
Amendment 815 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The European Commission and the competent committee of the European Parliament shall appoint the members who are to represent ithem.
Amendment 828 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. RThe other decentralised Union agencies or representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers.
Amendment 859 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Executive Director shall manage the Authority’s day-to-day operations. The Executive Director shall be accountable to the Management Board.
Amendment 864 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
Article 23 – paragraph 4 – point j a (new)
(ja) to ensure compliance with the European Employment Services’ (EURES) budget;
Amendment 895 #
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 (including a representative of SMEs), and two representatives of the European Commission and an independent expert appointed by the European Parliament to represent it.
Amendment 925 #
2018/0064(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The translation services required for the functioning of the Authoritgency shall be provided by the Translation Centre of the Bbodies of the European Union or, where necessary, by other services.
Amendment 972 #
2018/0064(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point 1 – point a
Article 49 – paragraph 1 – point 1 – point a
Regulation (EU) 2016/589
Article 1 – point a
Article 1 – point a
(a) the organisation of the EURES network between the Commission, the European Labour Authority and, the Member States and the EURES-T cross-border partnerships;
Amendment 12 #
2017/2279(INI)
Draft opinion
Recital B
Recital B
B. whereas the employment rate in the EU has been growing for four consecutive years and now surpasses the 2008 figure, but still remains below the pre-crisis level in half of the Member States; whereas regional disparities have started to narrow but remain high in some Member States;
Amendment 21 #
2017/2279(INI)
Draft opinion
Recital C
Recital C
C. whereas while the risk of poverty or social exclusion in the EU has fallen back to its pre-crisis level, it remains very high including in more developed regions and far from reaching the Europe 2020 poverty and social exclusion target;
Amendment 27 #
2017/2279(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas infra-regional disparities are growing, including in more prosperous regions which contain pockets of poverty; whereas most prosperous regions allow driving effects in favor of growth;
Amendment 34 #
2017/2279(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that Cohesion Policy, as the main investment policy of the Union, should be maintained at at least a similar budgetary level in the future multiannual financial framework; considers that the European Social Fund (ESF) should be retained as the main EU instrument for the integration and reintegration of workers into the labour market as well as for supporting measures for social inclusion, combating poverty and inequalities; defends the consideration of social criteria for the allocation of funds, in particular the unemployment rate and the youth unemployment rate, in addition to GDP per capita;
Amendment 54 #
2017/2279(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the principle of proportionality must prevail in the management and control of cohesion programs; calls on the Commission and the Member States to explore the possibilities of an online system of application more conducive to administrative simplification for project managers;
Amendment 79 #
2017/2279(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that social and fiscal convergence contribute to the cohesion objective and that divergent practices in this area are liable to cause further problems for territories most vulnerable to globalisation;
Amendment 124 #
2017/2277(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the fact that early intervention is a critical success factor in occupational rehabilitation and therefore asks the Commission and the Member States to prioritise the prevention of risks and illnesses at the workplace;
Amendment 146 #
2017/2277(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the Member States should take a positive and work- oriented approach to workers with disabilities, older workers and those who have suffered an illness, focusing on early evaluation of the individual’s remaining capabilities and the adaptation of the workplace, taking into account the person’s occupational profile and their socio- economic situation as well as that of the business; encourages Member States to improve provisions in their social security systems that would favour the system of return to work;
Amendment 160 #
2017/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to develop and provide guidelines on best practices and coaching to employers on how to develop and implement reintegration plans which are adapted to the specific profile and situation of each worker concerned;
Amendment 196 #
2017/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises in this regard that flexible working arrangements, such as telework, flexitime and reduced working hours, play an important role in returning to work; stresses the importance of encouraging early return to work (if medical conditions allow) through flexible working arrangements and reduced working time arrangements, which could be accompanied by partial sickness benefit and financial incentives for businesses;
Amendment 215 #
2017/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that raising employers’ awareness of occupational rehabilitation and return-to- work policies and improved company culture are critical success factors in the return-to-work process and fighting negative attitudes;
Amendment 220 #
2017/2277(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Commends enterprises that have initiatives to support people with health problems or reduced working capacity such as comprehensive preventative programmes, modification of tasks, training and re-training; strongly encourages more enterprises to get involved by drawing up such initiatives;
Amendment 2 #
2017/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that effective implementation of EU law is essential in order to enhance citizens’ trust in EU policies and institutions; recalls that Article 197 of the TFEU states, in this respect, that ‘effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest’;
Amendment 19 #
2017/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the crucial importance of transparency, besides efficiency, in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; _________________ 2 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.
Amendment 22 #
2017/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the principle of transparency as enshrined in the EU Treaties, as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the Charter of Fundamental Rights of the European Union; points out that those rights and principles require citizens to be given adequate and easy access to drafts of the legal acts that concern them; insists that those rights and principles should also be of paramount importance to the Member States when proposing draft acts aiming at implementing EU law;
Amendment 4 #
2017/2259(INI)
Draft opinion
Recital A
Recital A
A. whereas, according to Eurostat, youth unemployment stood at 18.7% in 2016, even exceeding 40% in some countries, which is an unacceptable level;
Amendment 75 #
2017/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that individuals’ transition into the labour market is facilitated by a comprehensivsuitable education system that ensures they acquire cross-cutting skills that promote critical thinking, universality and multicultural dialogue, and which is more in line with labour market needs, thus fostering employability not through early specialisation, but rather by enabling the attainment of a wide variety of qualifications;
Amendment 25 #
2017/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NotesEmphasises that the qualifications of the workforce do not match the needs of the labour market, and notes, with that in mind, that despite strong demand in the labour market for high-level skills, and the response of the education system in the form of the massive development of HEI (Higher Education Institutes), approximately 20 % of Europeans, including university graduates, lack basic skills such as reading, writing or numeracy1 ; recalls, moreover, that a similar number of Europeans have a low level of basic skills and that 44 % lack basic digital skills2, which creates serious barriers to their participation in the technologically advanced labour market and everyday life; __________________ 1 http://ec.europa.eu/education/policy/school /math_en 2 https://ec.europa.eu/commission/sites/beta- political/files/digital-skills-factsheet- tallinn_en.pdf
Amendment 55 #
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, thereby making it possible to combat unemployment, in particular among young people;
Amendment 71 #
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 market, in which a lack of skills in foreign languages and cultures is the first barrier to mobility; emphasises that enhancing and supporting mobility for young people in Europe will help reduce unemployment rates in the EU;
Amendment 117 #
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 learning 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 and strengthened, to make their entry into the labour market smoother;
Amendment 12 #
2017/2210(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that while women make up a clear majority of journalism and media graduates in the EU, they are still significantly under-represented at the decision-making level, for example on boards of directors; notes that this under- representation is a major contributing factorcontributes to the negative and stereotypical portrayal of women in the media in the EU;
Amendment 36 #
2017/2210(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that women working in the media will benefit from the general advancement of conditions for women in the workplace, including end; considers, however, that this improvement is not sufficient and that inequalities remain; stresses the need to promote the principle of equal pay, including by combating the gender pay gap, reducing precarious work, ensuring affordable and accessiincreasing the accessibility of affordable childcare and boostensuring collective bargaining rights;
Amendment 49 #
2017/2210(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that achieving equality for women at all levels, and particularly decision-making levels, in the media requires transparency in pay systems, gender-neutral classification, effective measures to end sexual harassmentpro-active andeffective measures to end sexual harassment, the full implementation in the Member States of the European directives, reversing the onus of proof in challenging gender discrimination in the workplace, and desegregation of the workforce;
Amendment 56 #
2017/2210(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that it is important to ensure that women enjoy a work-life balance, especially in view of the irregular working hours in the media sector, for example;
Amendment 66 #
2017/2210(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the adoption ofand implementation of the directive on women on boards of directors, which sets up a quota system in both public and private media organisations in order to ensure women’s equal representation at the decision-making level; calls for Member State governments to link the award of public contracts in the media to obligatory gender-equality measures; notes the positive role of women’s councils and women’s equality officers in workplaces;
Amendment 79 #
2017/2210(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the Commission and Member States to provide financial support tosupport and promote women’s organisations which are active in the sphere of promoting gender equality in the media;
Amendment 50 #
2017/2114(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Reiterates the call for the three new headline employment indicators to be placed on an equal footing with existing economic indicators, thereby guaranteeing that internal imbalances are better assessed and making structural reforms more effective
Amendment 3 #
2017/2069(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s continuous efforts to ensure that EU citizenship rights are upheld; is convinced that EU citizens will only be able to exercise their rights fully if they are aware of them and if the Member States make a firm commitment to protecting them;
Amendment 10 #
2017/2069(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is engaged in enhancing the democratic dimension of the European elections by reforming current European electoral law with a view to increasing citizens’ participation and confidence in the EU democratic system, thanks to increased transparency and awareness and new voting systems, including e- the renewal of democratic practices inspired by the innovations introduced by the Member States, including new voting systems and e-democracy tools;
Amendment 23 #
2017/2069(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Warns against possible legal uncertainty over the rights of EU citizens living in the UK and those of UK citizens living in the EU arising as a result of the UK’s withdrawal from the EU; believes that core rights and certain social rights, such as access to care, should be safeguarded in the UK withdrawal agreement and the agreement on the future relationship between the EU and the UK; stresses that any agreement should be based on the principle of reciprocity;
Amendment 33 #
2017/2069(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the security of EU citizens and the fight against terrorism should be a top priority for the EU; welcomes the steps taken by the EU to reinforce the Security Union; calls for the speedy implementation of the interoperability of EU information systems for security, migration and border management; emphasises that the coordination of internal and external EU action in the field of security is essential for the efficient protection of EU citizens. and will give them greater confidence in its ability to help protect them;
Amendment 11 #
2017/2054(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the United Kingdom submitted its withdrawal notification under Article 50 TEU on 29 March 2017 and therefore the Treaties and all acquis shall cease to apply to it on the date of entry into force of the withdrawal agreement, or failing that, two years after the date of submission of its notification, meaning at the latest on 29 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period;
Amendment 12 #
2017/2054(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the United Kingdom submitted its withdrawal notification under Article 50 TEU on 29 March 2017 and therefore the Treaties and all acquis shall cease to apply to it on the date of entry into force of the withdrawal agreement, or failing that, two years after the date of submission of its notification, meaning at the latest on 29 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that periodi.e. before the next European elections in 2019;
Amendment 29 #
2017/2054(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a modification of the electoral law of the EU will be necessary to create the legal basis for such a joint constituency will be necessary at least one year prior to the 2019 European elections;
Amendment 38 #
2017/2054(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges that the current distribution of seats only partiallydoes not respects the principle of degressive proportionality, and therefore shouldmust be corrected as soon as possiblet least one year prior to the 2019 European elections;
Amendment 48 #
2017/2054(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 56 #
2017/2054(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that, whilst the mathematical formulas display great potential for providing a permanent system for the distribution of seats in the future, the political and legal uncertainty as a result of the UK’s withdrawal from the EU ultimately make it politically unviable for Parliament to suggest a permanent system at this stage;
Amendment 61 #
2017/2054(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 66 #
2017/2054(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 70 #
2017/2054(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Proposes that a new distribution of seats in Parliament should immediately apply once there is legal certainty and the United Kingdom’s withdrawal from the Union becomes legally effective; insists that the MEPs that will occupy the seats resulting from this new distribution shall all take up their seats in Parliament at the same timefor the 2019 European elections;
Amendment 78 #
2017/2054(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Proposes that this new distribution of seats should be fair, objective and based on the following principles: respect for the principle of degressive proportionalitytransparent and that it should be consistent with the principle of degressive proportionality, the United Kingdom’s withdrawal from the European Union before the end of the 2014-2019 parliamentary term, no loss of seats for any Member State, and the use of only a minimal fractionsome of the seats vacated by the UKnited Kingdom;
Amendment 99 #
2017/2054(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the new distribution proposed would allow for a reduction in the size of Parliament to 699700 members plus the President, thereby leaving sufficient room for manoeuvre to accommodate potential future enlargements of the EU and members elected in a joint constituency;
Amendment 107 #
2017/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the proposed distribualls for the introduction, based on principles provides a solid foundation for the future establishment of a permanent system and calls for the adoption of such permanent system in the near futureefore the end of the 2014-2019 parliamentary term, of a permanent system for the distribution of seats in the European Parliament on the basis of a mathematical formula consistent with Article 4 of the European Council decision of 28 June 2013, to apply as from the 2019-2024 parliamentary term; proposes, in that this system be chosen well in advance of the elections to the European Parliament in 2024connection, the use of the formula ‘Fixed number of seats, proportional to the population and square root of the population’ as the basis for determining the number of seats allocated to each Member State;
Amendment 108 #
2017/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the proposed distribualls for the introduction, based on principles provides a solid foundation for the future establishment of a permanent system and calls for the adoption of such permanent system in the near future; proposes that this system be chosefore the end of the 2014-2019 parliamentary term, of a permanent system for the distribution of seats in the European Parliament on the basis of a mathematical formula consistent well in advance of the elections to the European Pith Article 4 of the European Council decision of 28 June 2013, to apply as from the 2019-2024 parliament in 2024ary term;
Amendment 123 #
2017/2054(INL)
Motion for a resolution
Annex – recital 3
Annex – recital 3
(3) From the 2019 European elections after the adoption of the legal basis for transnational lists, a number of representatives in the European Parliament should be elected in a joint constituency comprising the entire territory of the Union;
Amendment 145 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 10
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 10
France 789
Amendment 149 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 2
Annex – Article 3 – paragraph 2
Amendment 161 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 3
Annex – Article 3 – paragraph 3
Amendment 171 #
2017/2054(INL)
Motion for a resolution
Annex – Recital 3 a (new)
Annex – Recital 3 a (new)
(3a) The legal basis enabling a joint European constituency to be established for the entire territory of the Union should be adopted; accordingly, the Act concerning the election of the members of the European Parliament by direct universal suffrage will have to be amended;
Amendment 172 #
2017/2054(INL)
Motion for a resolution
Annex – Article 4 – paragraph 1
Annex – Article 4 – paragraph 1
Amendment 173 #
2017/2054(INL)
Motion for a resolution
Annex – Article 4 – paragraph 1
Annex – Article 4 – paragraph 1
Amendment 30 #
2017/2037(INI)
Motion for a resolution
Recital O
Recital O
O. whereas cities represent the level of politics best understood by the public and they therefore hold great potential as places for citizens to engage in constructive discussions, for which the experiences of the Committee of the Regions' experience in organising the Citizens' Dialogues, in conjunction with local and regional partners, provides optimistic prospects;
Amendment 53 #
2017/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deems it necessary to build upon the current institutional set-up of the EU, and to gauge recent developments, in order to reinforce cities’ involvement in the current EU decision-making and institutional architecture, in the light of the principle of subsidiarity, and to strengthen democratic legitimacy and accountability within the spirit of the Treaties, while also safeguarding transparency in policy and decision-makingensuring that policy- making and decision-making remain transparent and effective;
Amendment 70 #
2017/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Advocates the consolidation ofng the involvement in policy design of associations representing local authorities and urban interests in policy design, such as the Eurocities network and the Council of European Municipalities and Regions (CEMR), and considers that such associations should become permanent consultants ofn EU policies;
Amendment 82 #
2017/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that cities should be regarded more broadly than as mere structures of public management under democratic control, and that urban centres should be seen as potential fora for public debate, and the transfer of knowledge and for shaping political space in the EU; emphasises that cities represent the level of politics best understood by the public, and the level at which people can most readily become involved;
Amendment 98 #
2017/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends harnessing the potential of EU cities for the purposes of designing and implementing EU policies, by means of debates and consultations ion areasmatters of relevance to them which extending beyond urban policy sensu stricto;
Amendment 100 #
2017/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that such an objective will only be feasible if the debates are held in urban areas, other than national or regional capitals, which may constitute an easily accessible forum for citizens living nearby, the main aim being to bring the European Union closer to its citizens;
Amendment 111 #
2017/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Suggests, furthermore, that the councils of the cities recognizsed as the European debateing forums should be responsible for providing local universities, the media, social organisations, associations and citizens with extensive professional and public experience and free and open access as well as the possibility to participate in debates and consultations; believes that the councils should also be responsible for inviting thinvite representatives of all levels of urban governance, including smaller units or partner councils from the wider urban area, and that it would also be sensible to specify the territorial scope of such an obligation in the agreement concluded between the EU- level or relevant bodies and the council of the European forum city;
Amendment 119 #
2017/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. BelievEmphasises that the consolidation of the cities’ position in shaping the EU policies does not undermine the trust in the Member States, as it reinforces multi-level governance and subsidiarity based on the bilateral trust between the EU, Member States and regional and local structures;
Amendment 17 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 1 – paragraph 1 – point 1 (new)
Annex I – part B – point 1 – point 1 – paragraph 1 – point 1 (new)
(1) To ensure that citizens can participate on equal terms, the signing arrangements should be the same in all Union Member States, and the requirement imposed by some countries to provide a personal identification number should be abolished.
Amendment 1 #
2017/2003(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the collaborative economy offers many opportunities for growth and jobs, especially for people who are distant from the labour market, such as young people, students, women and seniors, and provides innovative new services for citizens and consumers;
Amendment 3 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy, its important contribution to growth and jobs by providing new opportunities for citizens and innovative entrepreneurs, and its impact on economic and employment policies;
Amendment 5 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas with the Communication on a European agenda for the collaborative economy, the EU provides welcomed guidelines on applicable EU rules and recommendations to help citizens, businesses and EU countries to fully benefit from these new business models and promote a balanced and fair development of the collaborative economy;
Amendment 16 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission communication on collaborative economy is a starting point of the EU contribution to a balanced and fair development of the collaborative economy, given the rapid evolution of this economy and its related regulatory loopholes and uncertainties that still must be clarified;
Amendment 20 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission and the Member States need to address more deeply the social dimension of the collaborative economy by providing in depth analysis and data on new forms of employment, by monitoring the evolving regulatory environment and by encouraging the exchange of good practices among EU countries, in order to overcome the social challenges related to this new economy;
Amendment 29 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’ platforms and to recognise activities in the platform economy that are properly categorised as ‘work’platforms with a lucrative business model and those based on the sharing of costs, resources or skills, in order to ensure a level playing field for EU businesses and citizens; in parallel, calls for a clear distinction between non-professional peer-to-peer activity and service providers acting in their professional capacity by further developing sector specific criteria and thresholds, in collaboration with relevant stakeholders; amongst service providers, underlines the need to distinguish employees and self-employed, in order to apply them rights and duties accordingly;
Amendment 48 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that, for the purpose of applying EU law, the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workthe existence of a subordination link, the presence of a remuneration and the nature of work, even so EU Member States are responsible for deciding who is to be considered a worker in their national legal order; calls also to clarify self- employment in order to prevent bogus self-employment and to ensure the rights of self-employed workers;
Amendment 59 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directiveon the Commission and the Member States, in cooperation with social partners, to assess the impact of the collaborative economy on forms of employment and working conditions, to check if the current legislations are able to cover platform workers and, if necessary, to consider accordingly the need to update the current social acquis, to better enforce legal frameworks on working conditions into the platform economy, in order to guarantee the legal situation of platform workers and, to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy and to ensure a level playing field for businesses; Underlines that digital technologies are evolving so fast that policy making should not be based on a catch-up approach but rather on a logic of anticipation;
Amendment 67 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directive on working conditions in the platform economy in order to guarantee the legal situation of platform workers and to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy, with the aim of preventing the development of jobs in the shadow economy to which labour law would not in practice apply;
Amendment 70 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the multiplication of national and local regulatory initiatives affecting the collaborative economy; Stresses the importance of rapid clarification at European level of the applicable rules in order to limit the fragmentation of the internal market;
Amendment 80 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to ensure adequate social security for self-employed workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers, whether they are employees or self-employed, on the most egalitarian basis possible;
Amendment 91 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on joband evidence on jobs, skills and working conditions in the platform economy and, if necessary, for the adjustment of related policies to create a level playing field between the platforms and traditional economiebusinesses, especially SMEs, in particular in the field of consumer protection, taxation and working conditions;
Amendment 94 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies and for no worker, whatever his or her status, to suffer any encroachment on his or her rights, while all should have the same access to employment in the platform economy and the traditional economy;
Amendment 99 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for Member States to adapt their education and training policies to the new skills requested in the collaborative economy; Encourages Member States to include digital trainings in their school programs, from primary school; underlines the need to develop lifelong learning programs to be able to acquire new skills related to technological developments all along the professional career;
Amendment 104 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that the collaborative economy fosters entrepreneurship; Stresses the need to adapt training mechanisms to this new kind of businesses;
Amendment 107 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the national public employment services and the EURES Network to communicate better on the opportunities offered by the collaborative economy;
Amendment 125 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission and the Member States to reflect on the appropriate means to ensure that digital platforms inform providers on the regulatory framework that has to be complied with, when offering services, as individuals using platforms are sometimes not even aware of the requirements they should fulfil; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements; Calls on Member States to operate specific controls in order to check if operators stick to the rules, especially in terms of taxation, consumer protection, working conditions and skills requirements;
Amendment 132 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that the economic model of collaborative economy is based on users' trust, particularly in online comments; calls in this context on the European Commission to propose tools for certification of online consumer opinions in order to allow users to have reliable and fair information on the quality of the services offered on collaborative platforms;
Amendment 141 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represnectivity can help for a better work life balance by facilitating working time arrangements; a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’.cknowledges however the need to assess the effects of collaborative economy on health and safety at work and to adapt accordingly the existing health and safety framework;
Amendment 150 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the collaborative economy has flourished mainly so far in urban areas; Stresses therefore the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy, especially in terms of employment; Calls for Member States to strengthen financial and human resources to enable people from rural areas to acquire basic digital skills;
Amendment 27 #
2017/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas skills, digital literacy included, have a strategic importance for growth, innovation and social cohesion and the complexity of jobs is increasing across all sectors and occupations and there is inflation in relative skills demand, even for low-skilled jobs;
Amendment 90 #
2017/2002(INI)
Motion for a resolution
Recital L
Recital L
L. whereas entrepreneurship skills need to be understood in a broader sense, as a sense of initiative, participation in social actions and an entrepreneurial mind- set, and should therefore be further emphasised in the Skills Agenda as a life skill which, for instance by encouraging Member States to foster the entrepreneurial spirit in young people from the earliest age, through placements and visits to companies, bearing in mind that the life skills in question benefits individuals in their personal and professional life;
Amendment 117 #
2017/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees with the focus on the need to upgrade the European education and training systems in line with the fast changing economic and societal environment; notes that, while skills needs are dynamic, the main focus of the skills package is the immediate needs of the labour market; highlights in this respect the importance of a pan-European skills needs foreworking in close collaboration with the European Centre for the Development of Vocasting tool andonal Training, Cedefop, in order to anticipate skills needs and improve lifelong learning systems with a view to adapting to new situations in the labour market;
Amendment 159 #
2017/2002(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls, in this respect, the need for enhanced cooperation among the Member States to learn from best practices which lead to lower unemployment rates, like alternance training19 and lifelong learning; points out there is a European Centre for the Development of Vocational Training, Cedefop, one of whose main tasks is to bring together political leaders, social partners, researchers, and practitioners for the purpose of exchanging ideas and experience; _________________ 19 Educational training combining periods in any educational institution or training centre and in the work place. The alternance scheme can take place on a weekly, monthly or yearly basis. Depending on the country and the applicable status, participants may be contractually linked to the employer and/or receive remuneration. According to the CEDEFOP terminology, the German dual system is an example of alternance training. (Terminology of European education and training policy, CEDEFOP)
Amendment 217 #
2017/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that skills development must be a shared responsibility between education providers and employers; insists that the industry/employers should be involved in providing and training people with the necessary skills, throughout their careers, in order for businesses to be competitive and at the same time boost people’s self-confidence;
Amendment 229 #
2017/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks for concrete measures to be put in place in order to facilitate the transition of young people from education to work by ensuring quality internships and apprenticeships as well as cross-border exchange programmes such as Erasmus for Young Entrepreneurs, giving young people the possibility of putting their talents into practice and haveing a set of rights and access to social protection; calls on Member States to provide special support to SMEs so that they too are able to take on interns and work-study (alternance) trainees;
Amendment 255 #
2017/2002(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets thatCalls on the Commission and Member States to encourage employers and formal education providers do not sufficientlyto recognise the value and relevance of skills, competences and knowledge acquired through non-formal and informal learning;
Amendment 267 #
2017/2002(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that non-formal learning, including volunteering, has a crucial role to play in stimulating the development of life skills such as team work, creativity and a sense of initiative while reinforcing self- esteem and motivation to learn; emphasises in this respect the decisive role of a number of young entrepreneurs' organisations that offer young people the chance to gain entrepreneurial experience and hence to develop an entrepreneurial spirit and acquire the confidence needed to be enterprising;
Amendment 329 #
2017/2002(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need to include elements of entrepreneurial learning, including internships and traineeships, at all levels of education, since instilling entrepreneurial spirit among the young at an early stage is an effective way of combating youth unemployment and developing entrepreneurship among young people;
Amendment 385 #
2017/2002(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need to increase the attractiveness of VET and make apprenticeships a priority by making sure that young people and their families have access to information on VET options by creating more bridges between VET and traditional education and by making VET a true path of excellence, provided from a very early age and at all levels of education;
Amendment 452 #
2017/2002(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission in addition to develop a pan-European skill needs foreto work closely with the European Centre for the Development of Vocasting tool, which would make it possible to estimonal Training, Cedefop, in order to better estimate and anticipate future skill needs and adapt them better to the jobs available on the labour market;
Amendment 492 #
2017/2002(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Welcomes the planned revision of the European Qualifications Framework, which should help improve the readability of existing skills and qualifications in the various countries of the European Union; stresses that such a tool is essential for the development of professional mobility, particularly in border areas;
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 120 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The criteria for the definition of ‘worker’ as established by the Court of Justice of the EU34a should apply, without prejudice to national provisions and collective agreements already in force. __________________ 34a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 133 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours during a one-week reference period. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 138 #
2017/0355(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Workers who are self-employed do not fall within the scope of this Directive because they do not have a relationship of subordination to an employer and therefore do not meet the criteria established by the Court of Justice of the European Union for the definition of ‘worker’1a. __________________ 1a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 159 #
2017/0355(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For seasonal workers in the agricultural sector, the information provided by the employer should indicate the possibility of replacing the taking of paid leave with a payment, in order to respond to the work patterns and specific constraints of that sector.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 170 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receiveparticularly for seasonal workers in the agricultural sector, workers should be kept informed, in so far as possible, as to how their work schedule will be established.
Amendment 177 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) It is essential that the employer should provide information on the social security bodies receiving social security contributions related to the employment relationship in order to prevent cases of fraud and circumvention of legislation. Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 185 #
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 relevantessential information should therefore reach them at the latest on the first day of the employmentreferred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) should reach them at the latest seven days after they start their job. The other information referred to in Article 3(2) may be communicated to them within 30 days of starting their job.
Amendment 215 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions or jobs in the public sector in order to comply with the employment conditions or legislative and regulatory provisions that apply to them and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 225 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. IMember States should be able to introduce incompatibility clauses, understood as a restriction on working for specific categories of employers, may bif they are necessary for objective reasons, such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety at work. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 235 #
2017/0355(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) On account of particular characteristics of the sector, the provisions of this Directive concerning the predictability of work should not apply to seamen and fishermen.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 253 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive, a writtens soon as possible, at least a verbal response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 265 #
2017/0355(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) It is necessary for the social partners to be involved, to ensure the proper implementation of this Directive, because they have an important role to play in reconciling the interests and needs of employers and workers.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 297 #
2017/0355(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) National labour inspectorates should monitor compliance with this Directive in each Member State. At European level, they should cooperate as closely as possible with each other and exchange best practices. The future European Labour Authority could play a prime role in this process.
Amendment 311 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 337 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours in a reference period of one week. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 85 or 20 hour period.
Amendment 365 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. Member States may decide, on objective grounds, that the minimum requirements as regards working conditions laid down in Chapter III of this Directive should not apply to public sector workers, the armed forces and the law enforcement agencies.
Amendment 368 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. Point 1(2) of Article 3 and Article 9 (Chapter III) shall not apply to seafarers and fishermen.
Amendment 378 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and authority of another person in return for remuneration; this definition shall apply without prejudice to national provisions and collective agreements in force;
Amendment 412 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship as referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) within seven days of them starting work.
Amendment 417 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The essential information referred to in paragraph 1, to be provided within seven days of a worker starting work, and other information, which may be provided within one month of a worker starting work, shall include:
Amendment 433 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, where that is possible;
Amendment 436 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any mandatory training entitlement provided by the employer, in the light of the national laws or collective agreements applicable;
Amendment 464 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not varipredictable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;
Amendment 466 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variaunpredictable, where that is possible, the principle that the work schedule is variunpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined by the employer, where that is possible:
Amendment 483 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l a (new)
Article 3 – paragraph 2 – point l a (new)
(la) in the case of seasonal workers in the farming industry whose work schedules are highly variable owing to weather and environmental constraints, the information that their employment is by nature variable and that it will be difficult for the employer to predict in advance what hours and days they will work.
Amendment 510 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) shall be provided individually to the worker in the form of a document at the latest on the first dayseven days after the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. The other information referred to in Article 3(2) should be provided individually to the worker in the form of a document within one month of the start of the employment relationship.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 622 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment, such as in managerial positions, or is in the interest of the worker.
Amendment 645 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety in the workplace.
Amendment 717 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment withtransition towards another, more predictable and secure wforking conditionsm of employment, where available.
Amendment 719 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the application. With respect to natural persons acting as employers and micro, particularly if the company is an SME, smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged provide at least an oral reply as soon as possible after the application.
Amendment 772 #
2017/0355(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 810 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States may provide that workers shall give prior notification to the employer of their decision to access the above systems. If the worker does not receive a response from the employer within a reasonable time, he or she may then trigger one of these two systems.
Amendment 862 #
2017/0355(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 872 #
2017/0355(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 883 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 30 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 45 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 46 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 56 #
2017/0123(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 63 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 68 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Moreover, in order to ensure the effectiveness of a link between the country of establishment and transport operations, a minimum number of operations must be carried out by the fleet of vehicles used in the Member State where the transport undertaking is established. In addition, the undertaking must have a minimum turnover in the country where it is established.
Amendment 70 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, sinceThe rules applicable to access to the operccupations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit of road haulage operator by means of vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.
Amendment 72 #
2017/0123(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 76 #
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, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 86 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the danger of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. It should be possible to determine whether cabotage is possible in three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 92 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limitThe rules applicable to access to the occupation of road haulage operator using vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.
Amendment 105 #
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, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 117 #
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 – paragraph 6
Article 1 – paragraph 6
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.
Amendment 118 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the risk of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. The time limit for cabotage should be set at three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 131 #
2017/0123(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means,o ensure fair competition in each internal market, the application of EU rules to electronic transport information, the use and transmission of which should simplify the provision of relevant evidence and its treatment by the competent authorities, should be subject to effective control. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. To do that, it is desirable to continue the process of making transport documents paperless in order to simplify controls and administrative and procedures. Thus, in the spirit of the Additional Protocol of 20 February 2008 to the Convention on the Contract for the International Carriage of Goods by Road (CMR), the use of electronic documents should eventually become the rule, particularly the electronic consignment note.
Amendment 167 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 1
Article 1 – paragraph 6 – subparagraph 1
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.
Amendment 168 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 2
Article 1 – paragraph 6 – subparagraph 2
Amendment 184 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a
Article premier – paragraph 1 – point 3 – point a
Règlement (CE) 1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking in the member State of establishment, in which it keeps its core business documents, accessible either in hard copy or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 197 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – point 3 a
Article 18 – point 3 a
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practice, the Member States shall work together with the platform for combating undeclared work and the European Labour Authority
Amendment 202 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c
Article premier – paragraph 1 – point 3 – point c
Règlement (CE) 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage the transport operations carried out with the vehicles referred to in point (b) and the servicing of this fleet of vehicles with the appropriate technical equipment situated in that Member State;;
Amendment 210 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) In Article 1(5), point (c) is deleted.
Amendment 212 #
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;', with the main aim of ensuring that lorries do not travel empty;
Amendment 212 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point d a (new)
Article premier – paragraph 1 – point 3 – point d a (new)
Règlement (CE) 1071/2009
Article 5 – point d a (new)
Article 5 – point d a (new)
(da) organises its activities in such a way that each vehicle used in international transport operations performs, at least once every two weeks, one commercial loading or unloading of goods operation in the country of establishment of the undertaking concerned.
Amendment 217 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point i
Article premier – paragraph 1 – point 4 – point a – point i
Règlement (CE) 1071/2009
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
In determining whether an undertaking, irrespective of the type of vehicle it uses in its transport operations, has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;
Amendment 226 #
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 Statesin order to avoid returning empty. The last unloading in the course of athe single authorised cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 237 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Règlement (CE) 1071/2009
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
(xiia) cabotage
Amendment 263 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 6 a (new)
Article premier – paragraph 1 – point 6 a (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(6a) Vehicles used for purposes of cabotage must carry all the consignment notes corresponding to each operation, in paper or electronic form. In the event of an inspection, the driver must be able to immediately produce, for the officer of the host Member State carrying it out, the consignment notes covering all the work he has performed in the 60 days before the date of the inspection.
Amendment 312 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 12 (new)
Article premier – paragraph 1 – point 12 (new)
Directive (CE) 1071/2009
Article 18 – point 3 nouveau
Article 18 – point 3 nouveau
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practices, the Member States shall work together with the undeclared work platform and the European Labour Authority.
Amendment 329 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1071/2009
Article 23 – paragraph 2 (new)
Article 23 – paragraph 2 (new)
(12a) Undertakings which only operate road vehicles with a permissible laden mass that does not exceed 3.5 tonnes must comply with this Regulation from the entry into force of this amendment.
Amendment 351 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) (1a) In Article 1(5), point (c) is deleted.
Amendment 354 #
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, with the main aim of ensuring that lorries do not travel unladen;’;
Amendment 389 #
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 Statesin order to avoid returning empty. The last unloading in the course of athe single cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 19 #
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 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 29 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reacho ensure that these periods away from home are not excessively long, operators should organise the work of drivers in such a way that they can live in decent conditions thanks to allowances or bonuses sufficient to fund decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to 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 longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 50 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph system, all international goods transport vehicles should be fully exploitted. Therefore the functionalities of the tachograph should be improved to with smart tachographs by 2023, which will allow for more precise positioning, in particular during international transport operations.
Amendment 55 #
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 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 59 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of road vehicles or combinations of vehicles carrying out international transport operations with a laden mass not exceeding 3.5 tonnes has resulted in the development of unfair competition and differences in the application of Regulation (EC) 561/2006, leading to disparities in working conditions and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 64 #
2017/0122(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The maximum driving periods per day, per week and per period of two consecutive weeks, as set out in Regulation (EC) No 561/2006, clearly contribute to improving the social conditions of road drivers and road safety in general. They should therefore remain in force and steps should be taken to ensure that they are respected.
Amendment 69 #
2017/0122(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In order to ensure, at European level, the conditions for road safety, environmental protection and fair and healthy competition, this Regulation applies to all motorised vehicles carrying out international transport and/or cabotage operations.
Amendment 77 #
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, exceeds 3,5 tonne-1) In Article 2, paragraph 1(a) is replaced by the following: (a) of goods, or
Amendment 78 #
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 In order to ensure that these periods away from home are not excessively long, provision should be made for carriers to organise thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reache work of these drivers so that they can live in decent conditions through the provision of adequate compensation or premiums to pay for decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to 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 longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 104 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 129 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall notcannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, having a secure parking area and adequate sleeping and sanitary facilities;.
Amendment 133 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operation, all vehicles carrying out international road haulage and cabotage operations should be fitted with smart tachographs by 2023, in order to allow for more precise positioning of these vehicles.
Amendment 138 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of light goods vehicles or combinations of vehicles carrying out international transport operations with goods not exceeding 3.5 tonnes has resulted in the development of unfair competition between the enterprises of Member States and differences in the application of Regulation (EC) 561/2006, leading to disparities in the working conditions of drivers and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 147 #
2017/0122(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 5 – point c
Article premier – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.;
Amendment 165 #
2017/0122(COD)
Proposal for a regulation
First Article – paragraph 1 – point 1 a (new)
First Article – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(1a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3.5 tonnes, or content/FR/TXT/HTML/?uri=CELEX:32006R0561&qid=1519652857817&from=FR)in Article 2, paragraph 1, point (a), is replaced by the following: "(a) of goods, or” Or. fr (http://eur-lex.europa.eu/legal-
Amendment 174 #
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 240 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 326 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not cannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, with a secure parking area and adequate sleeping and sanitary facilities,.
Amendment 365 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.";
Amendment 440 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Amendment 477 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. The driver shall also enter the symbols of the countries that he has entered after crossing the border, starting at the first possible stopping point in the Member State. This stopping point should be understood as the first available place where the driver can stop the vehicle safely and within 15 minutes of crossing the border. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.”.
Amendment 36 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and, facilitating the exercise of the freedom to provide road transport services based onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 50 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This, and have created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsfairness in inter-company competition in the sector. __________________ 15 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, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 53 #
2017/0121(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Non-compliance with the rules on the establishment of international road transport companies is creating differences within the single market and contributing to unfairness in inter- company competition. The conditions governing the establishment of international road transport companies should therefore be tightened and made easier to monitor, particularly with a view to combating the creation of ‘letterbox’ companies.
Amendment 62 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators, as well as the need to ensure that inter-company competition in the sector is fair.
Amendment 64 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and, facilitating the exercise of the freedom to provide road transport services based onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 74 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place on the territory of the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 89 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. Introducing the smart tachograph across the board as soon as possible is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 89 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators, and have created unfair competition between enterprises of the Member States. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. _________________ 15 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, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 101 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators as well as the need to ensure fair competition between companies in the sector.
Amendment 119 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place in the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations (EC) No 1072/200918 and (EC) No 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage, irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 140 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. . Introducing the smart tachograph across the board as soon as possible, irrespective of the size or weight of the vehicle, is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 167 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 185 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 208 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 267 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 297 #
2017/0121(COD)
Amendment 331 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 360 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 425 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator; at least by means of his/her intra- Community tax identification number;
Amendment 471 #
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 availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council, is available on board and presented.
Amendment 488 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
(c) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations, are available on board and presented;
Amendment 505 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20, translated into one of the official languages of the host Member State or into English, are available on board and presented; _________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 519 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months is available on board and presented; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copy;
Amendment 524 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) An obligation for the employer to deliver, within the worker’s posting period plus a period of 18 months following the expiry of the posting period, in paper or electronic form, proof of payment of wages to drivers.
Amendment 535 #
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 operatoemployer 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 time;
Amendment 558 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – subparagraph 1 (new)
Article 2 – paragraph 5 – subparagraph 1 (new)
Member States shall ensure that infringements of the rules on the posting of drivers are regarded as infringements for the purposes of the assessment of good repute as referred to in Article 6 of Regulation 1071/2009.
Amendment 564 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Member States shall provide for sanctions against shippers, freight forwarders and subcontractors for non- compliance with Article 2 of this Directive where the latter use transport services which involve infringements of this Directive.
Amendment 586 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 70 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the implementation of incentive-based family policies to facilitate contractual employment between individuals, whether for childcare in the home or for home- based care for dependent persons, has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.
Amendment 150 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelvesix years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 186 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveset by the Member States and/or the social partners in accordance with the particular circumstances in the Member State in question. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 409 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelvesix.
Amendment 448 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall take the necessary measures to create a framework which incentivises the development of home childcare arrangements.
Amendment 456 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers, in particular in small and medium-sized enterprises. Employers shall justify any refusal of such a request in writing.
Amendment 514 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 537 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelvesix, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 557 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers, in particular for small and medium-sized enterprises. Employers shall justify any refusal of such a request.
Amendment 598 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment or dismissal of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 90 #
2016/2328(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the vital importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some victims of gender-based violence – such as minors and uneducated, disabled or elderly victims, as well as (for language reasons) migrant workers and victims of human trafficking – may have difficulties in understanding the information that is communicated to them and, as a result, their right to information stipulated in Article 4 of the directive will not be fully exercised;
Amendment 161 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on all Member States to implement and effectively enforce the right to information laid down in Article 4 of the Directive for all victims and potential victims;
Amendment 185 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards so that victims can be kept informed in an adequate, comprehensible and targeted manner before, during and after criminal proceedings;
Amendment 190 #
2016/2328(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onEncourages the seven Member States that have not yet done so to considerlegislate to make stalking a criminal offensce on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender;
Amendment 247 #
2016/2328(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Member States to implement, properly, effectively and in full cooperation with the Commission, all provisions of the Victims’ Rights Directive;
Amendment 2 #
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, which shows that the skills and training it is possible to acquire via the education system do not always match the requirements of the emerging digital sector;
Amendment 60 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to clarify the legal situation of platform workers and to guarantee all workers the same social rights, including the freedom of association, the right to conclude collective agreements and the right to organise in order to avoid any lack of legal certainty as regards digital jobs and with a view to curbing the development of jobs that would not be covered by labour law;
Amendment 47 #
2016/2270(INI)
Motion for a resolution
Recital D
Recital D
D. whereas 120 million people in the European Union – some 25 % of the total – are at risk of poverty and social exclusion; whereas this fact is accompanied by persistently high unemployment rates and whereas this situation affects young people in particular, for whom the figures are even more alarming;
Amendment 99 #
2016/2270(INI)
Motion for a resolution
Recital N
Recital N
N. whereas, at the end of 2015, 5.1 % of inactive individuals in the EU consisted of discouraged people, who would have wanted to work but had stopped looking for employment, and whereas these people are not systematically counted in the unemployment figures;
Amendment 84 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, erode its legitimacy and damage trust in the EU as an engine of social progress, a dimension of the Union which needs to be developed, in particular by establishing a European pillar of social rights and by carrying out a targeted revision of the Posting of Workers Directive;
Amendment 144 #
2016/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its call for the establishment of an authentic European Pillar of Social Rights and the building of a deeper and fairer social dimension of the EMU, with the necessary legislative, institutional and financial means being devoted to guaranteeing true social progress as the next stage in the European integration process;
Amendment 214 #
2016/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concern about the increasing number of atypical work contracts and forms of non-standard employment linked withwhich can give rise to precarious working conditions, lower wages, exploitation and poorer social security contributions, and rising inequality;
Amendment 215 #
2016/2269(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes Eurofound's definition of non-standard employment, which refers to employment relations which are not consistent with the typical or standard model of regular, full-time employment on the basis of an open-ended contract with a single employer;
Amendment 309 #
2016/2269(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to reform their welfare systems (education, health, pensions and transfers) in order to achieve more effective redistribution and promote fairer distribution, taking into account the new social risks and vulnerable groups that have arisen from the social and economic challenges confronting society, in particular following the financial, economic and then social crises with which the Member States have had to cope;
Amendment 316 #
2016/2269(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses how important it is for the Member States to reform their labour markets with a view to offering firms greater flexibility, fostering employment and offering workers greater career security;
Amendment 300 #
2016/2221(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the policies of the Member States should be formulated and implemented in accordance with national law and practice, in consultation with, and without prejudice to, the most representative organisations of employers and workers, in keeping with existing European standards;
Amendment 20 #
2016/2140(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that voluntary initiatives are not adequately addressing issues such as health and safety, wages, social security and working time and cannot therefore guarantee at present EU citizens decent work and well-being at work;
Amendment 472 #
2016/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the importance ofthat universal access to timely, good-quality and affordable preventative and curative health care is important, as is the need for access to medicines that are fairly priced in relation to the manufacturing costs in order to guarantee prices that are accessible for all EU citizens; emphasises that all workers must be covered by health insurance;
Amendment 785 #
2016/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to set out new concrete measures to ensure non- discrimination and equal opportunities so that all European citizens can feel included in society, and especially in the labour market;
Amendment 48 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the EFSI to operate in closer conjunction with the Structural Funds, in order, in so far as possible, to avoid double financing and with the aim of ensuring optimal and effective financing, thanks also to better knowledge of the European Funds in general;
Amendment 69 #
2016/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prevent social dumpingand tax dumping, such as ‘letter-box companies’, and possible illegal use of foreign workers on board EU-registered planes;
Amendment 8 #
2016/2052(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that combating the threat of terrorism is an additional reason to establish an effective and dissuasive common European security and defence policy;
Amendment 9 #
2016/2052(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that security is one of the main issues that citizens expect the European Union to address;
Amendment 15 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that achieving the objectives of the CSDP to strengthen the Union’s operational capacity to act externally for peace-keeping, conflict prevention and strengthening international security as provided for in the TEU is more than ever necessary in a fastnecessary than ever in a rapidly deteriorating security environment, in an international context fraught with terrorist attacks and fear on the part of European citizens;
Amendment 48 #
2016/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates its support for the adoption of a White BookPaper on defence on the basis of the EU Global Strategy on Foreign and Security Policy, which should be based on a joint accurate appraisal of the existing military capabilities of the Member States in an effort to establish genuine cooperation and cohesion between them and above all to improve their effectiveness;
Amendment 16 #
2016/2018(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the establishment of the Commission Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’, which must work hand in hand with the IIA to increase the trust of citizens, who consider the subsidiarity principle a key aspect of the democratic process, and involve them to a greater degree in European decision-taking;
Amendment 22 #
2016/2018(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the ‘Think Small First’ principle canmust play an important role in job creation and growth by reducing the cost of legislation to SMEs;
Amendment 65 #
2016/2018(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on the Commission to come forward regularly with proposals for targets for the reduction of burdens in key sectors.
Amendment 10 #
2016/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in case of systemic threats to the rule of law, Article 7 and Rule of Law Framework procedures should be launched to provide remedies; considers it important to establish a new consensus between the EU and its Member States regarding respect for democracy, the rule of law and fundamental rights in order to ensure respect among European citizens and prevent any undermining of these values; any questioning of the rule of law is a red line which a democratic country cannot and must not cross;
Amendment 25 #
2016/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that further efforts should be made towards a consistent and uniform implementation of the Charter, including through awareness-raising measures among practitioners and the general public, always with a view to guaranteeing that the rule of law and the fundamental rights of European citizens are respected, in spite of the disparities in development between Member States;
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 100 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member Stateperiods or periods assimilated to insurance periods in that Member State, with a view to ensuring a fairer distribution of the burden, to avoiding abusive practices and ensuring better representativeness of the income taken into account. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Amendment 111 #
2016/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to promote mobility and improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.
Amendment 113 #
2016/0397(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This extension of the minimum export period for unemployment benefits from three to six months should be accompanied by compulsory monitoring of the applicant for export through the systematic transmission to the competent state of monthly reports on the applicant made by the state of residence, as well as through the increased exchange of information between the States, with a view to ensuring an appropriate level of cross-border checks on jobseekers residing abroad during the period for which benefits are payable.
Amendment 122 #
2016/0397(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The new unemployment compensation mechanism for frontier workers could lead to changes in their conditions and make it more difficult for them to return to the labour market. To overcome these difficulties, it is necessary for the Member State of residence to put in place accompanying measures for these unemployed persons in order to help them in their dealings with the relevant institution of the competent Member State. It is also essential that the new regulatory framework should clarify the possibilities for those unemployed persons to register with the employment services in their Member State of residence, where they will have the opportunity to look for a job, obtain information and take advantage of all the measures to help them return to work, such as training or retraining.
Amendment 125 #
2016/0397(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) It is necessary to develop cross- border placement services in order to support applicants in their search for new employment that are as close as possible to the realities of border areas.
Amendment 142 #
2016/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership for at least three months.
Amendment 148 #
2016/0397(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to strengthen the link between the substantial activity of the undertaking and the legislation applicable to the person seconded by that undertaking to another Member State on a temporary basis, it is important to stress that the substantial activity must be characterised, inter alia, by a share of more than 25% of the annual turnover in the Member State from which the person is seconded.
Amendment 149 #
2016/0397(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) Form A1 must be issued by the competent authority to the applicant company before the start of the assignment. In order to prevent the posting of a worker from being blocked if the competent authority fails to issue the form on time, it must be able to prove that the application was made by the applicant undertaking before the start of the mission.
Amendment 160 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 161 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
Amendment 165 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 168 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
Amendment 171 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
Recital 5c
Amendment 173 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 d (new)
Recital 5 d (new)
(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 174 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 175 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Regulation (EC) No 883/2004
Recital 5 f (new)
Recital 5 f (new)
(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
Amendment 194 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 47
Recital 47
(47) This Regulation respects the fundamental rights and observes the principles recognised inby the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 230 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 239 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 241 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) 883/2004
Article 4 a (new)
Article 4 a (new)
11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 260 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.
Amendment 286 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 290 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 1
Article 13 – paragraph 1
13a. Article 13(1) is amended as follows: 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or, (b) if he/she does not pursue a substantial part of his/her activity in this/her Member State of residence: (i) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated if he/she is employed by one undertaking or employer; or (ii) to the legislation of the Member State in which the registered office or place of business ofemploying him/her is situated and in which the undertakings or employers is situated if he/she is employed by two or more undertakings or employers which have their registered office or place of business in only one Member State; or (iii) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated other than the Member State of residence if he/she is employed by two or more undertakings or employers, which have t pursues a substantial part of its activities; (ii) to the legislation of the Member State in which the employee carries out his/heir registered office or place of business in two Member States, one of which is the Member State of residence; or (iv) to the legislation of the Member State of residence if he/she is employed by two or more undertakings or employers, at least two of which have their registered office or place of business in different Member States other than the Member State of residence."predominant activity in situations where (i) is not applicable.
Amendment 291 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 298 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 16 a (new)
Article 16 a (new)
14a. The following article is inserted: “Article 16a Prior issuance of the document on applicable legislation. The prior issuance by the sending institution to the host institution of a document attesting to the social security legislation applicable to a worker, drafted in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009, before posting to the host country, shall be compulsory. If the sending institution is not in a position to issue this document before the start of the secondment, it must be able to prove that the application for the issue of the document was made before the start of the secondment.”
Amendment 357 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three months ofone or more periods which together correspond to at least three months of insurance or cover equivalent to insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 375 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, or cover equivalent to insurance, periods of employment or self- employment in that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.”.
Amendment 378 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
Article 62 – paragraph 1
19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his/her last activity or activities as an employed or self-employed person under the said legislation. ”
Amendment 382 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point -a (new)
Article 1 – paragraph 1 – point 20 – point -a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point b a (new)
Article 64 – paragraph 1 – point b a (new)
(-a) The following subparagraph 1(b)a shall be inserted: (ba) mandatory follow-up of the unemployed person must be carried out by the Member State to which he goes through systematic forwarding to the competent State of monthly reports on the applicant.
Amendment 406 #
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 64 a – paragraph 1
Article 64 a – paragraph 1
In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shallwhich has become competent toshall provide unemployment benefits. They shall be provided at the expense of the competent institution forbenefits within the limits of the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. The benefits paid by the State which has become competent shall continue to be borne by it. Article 64 (2) to (4) shall apply mutatis mutandis.”
Amendment 413 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State, while retaining the option of registering in parallel with the employment services of his State of residence or with a cross-border placement service and benefiting from all accompanying measures and back-to- work assistance on offer. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State.
Amendment 415 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The authorities of the competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services.
Amendment 422 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
Article 65 – paragraph 2
2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insuranceperiods of insurance, employment or self- employment exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
Amendment 423 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a), thus enabling frontier workers to be exempted from the four weeks of prior registration in the competent State before being able to export their entitlements to their State of residence. The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
Amendment 429 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 4
Article 65 – paragraph 4
4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State or a cross-border placement service.
Amendment 451 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 464 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 546 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. In Article 5, the following paragraph is added: ‘4a. In the event of intentional fraud as defined in Article 1 of this Regulation, the competent authorities of the State which receives the document may proceed in the same way as if the document had not been issued.’
Amendment 558 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned ihas already been subject to the legislation of the sending Member State for at least three months in accordance with Title II of the basic Regulation. __________________ 52 OJ L 018, 21.01.1997 p. 1. OJ L 018, 21.01.1997 p. 1.
Amendment 568 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 883/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 574 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 10
Article 14 – paragraph 10
Amendment 578 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. In Article 15, paragraph 10 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 or Article 13 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued.’
Amendment 582 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 586 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 238 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point a – point ii a (new)
Article 265 – paragraph 1 – point 26 – point a – point ii a (new)
Regulation (EU) No 1303/2013
Article 67 – paragraph 1 – subparagraph 2 a (new)
Article 67 – paragraph 1 – subparagraph 2 a (new)
iia) at the end of paragraph 1 the following subparagraph is added: ‘In line with the recommendations set out in recital 10 of Regulation No 1296/2013 and Article 176 of the Commission proposal, Member States shall make more frequent use of simplified cost options and of ‘single lump sum’ financing in order to make the associated administration less burdensome and to simplify the rules governing the allocation of funds.’
Amendment 240 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point b
Article 265 – paragraph 1 – point 26 – point b
Regulation (EU) No 1303/2013
Article 67 – paragaraph 2a
Article 67 – paragaraph 2a
2a. “2a. For an operation or projects not falling under the first sentence of paragraph 4 and which receive support from the ERDF and the ESF, grants and repayable assistance for which the public support does not exceed EUR 1050 000 shall take the form of standard scales of unit costs, lump sums or flat rates, except for operations receiving support within the framework of a State aid scheme that does not constitute de minimis aid.”
Amendment 242 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point c – point i
Article 265 – paragraph 1 – point 26 – point c – point i
Regulation (EU) No 1303/2013
Article 67 – paragraph 5 – point a – point iv
Article 67 – paragraph 5 – point a – point iv
(iv) draft budgets established on a case by case basis and agreed ex ante by the managing authority, where the public support does not exceed EUR 1050 000;
Amendment 243 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point -a (new)
Article 265 – paragraph 1 – point 26 – point -a (new)
Regulation (EU) No 1303/2013
Article 67 – paragraph 6 a (new)
Article 67 – paragraph 6 a (new)
(ca) the following paragraph is inserted: ‘6a. Member States and their local authorities may apply tot the European Parliament and the European Council for a derogation in relation to the ceilings for public support and to de minimis aid. Such an application must be justified by exceptionally serious economic circumstances. The derogation procedure shall be similar to that used for providing a financial contribution from the EGF. The Council shall act by a qualified majority and the European Parliament shall act by a majority of its component members and three fifths of the votes cast.
Amendment 71 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherand in the light of the proven cases of fraud and social dumping, it is clear that the Posting of Workers Directive still strikesdoes not strike exactly the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers properly. Against this backdrop of skewed and unfair competition for firms, there is an urgent need to clarify the rules, make sure that they are applied uniformly and bring about genuine social convergence.
Amendment 130 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to rule out any risk of the law being circumvented through the use of a series of short postings during which the same task is carried out, the aggregate duration of postings should be taken into account.
Amendment 177 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs, giving rise to social dumping which undermines the competitiveness of firms, and in particular SMEs, but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 228 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 325 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
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 task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 383 #
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/CE
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) conditions of workers’ accommodation.
Amendment 432 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 449 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 474 #
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)
(ca) Paragraph 7, second subparagraph, is replaced by the following: Allowances specific to the posting shall be considered to be part of the minimum wage, unless they are. However, allowances paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging, cannot, under any circumstances, be deducted from the minimum wage.
Amendment 10 #
2015/2353(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points to the need to provide the EU budget with a genuine own resources system, thereby lowering the proportion of GNI-based national contributions to the budget;
Amendment 23 #
2015/2353(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Maintains that investment in research and development is crucially important for the competitiveness of the European economy and for job creation; notes, however, that, according to the most recent Eurostat figures, R & D investment accounted for just 2.03% of EU GDP, which is well below the Europe 2020 target; urges the Commission, therefore, to find a way of fully offsetting the cuts by which the EFSI has been financed at the expense of the Horizon 2020 budget;
Amendment 32 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists on the continuation of the Youth Employment Initiative and calls for the resources for this initiative to be provided at least until 2020;
Amendment 71 #
2015/2353(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Maintains that the common agricultural policy (CAP) contributes significantly to growth and employment, especially in rural areas, and points out that one job in the agricultural sector generates seven jobs elsewhere; calls for the amounts entered under MFF heading 2 to remain unchanged, bearing in mind that the CAP is vitally important for employment; points out that the CAP not only helps to reduce farm income volatility, particularly in times of crisis, but also helps farmers, young people included, to set up in farming and develop their farms, making them profitable, prosperous, and a source of direct and indirect employment;
Amendment 24 #
2015/2351(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to combat early school-leaving, which is a contributory factor to unemployment and is hampering the Europe 2020 Strategy, by adequately informing students about future labour market opportunities and qualitative apprenticeships;
Amendment 47 #
2015/2351(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that employment and entrepreneurship constitute one of the eight priorities identified in the EU Youth Report (2010-2018); stresses that youth work and non-formal learning play a vital role in developing young people’s potential, including entrepreneurial skills, and points to the need to create an environment propitious to entrepreneurism and innovative start-ups in the interests of youth employment in Europe;
Amendment 55 #
2015/2345(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many NGOs have difficulties in accessing ESF funding and are disproportionately burdened by the complexity of programmes and reporting requirements; calls on the Commission and Member States to step up support in this area in an active and sustainable manner;
Amendment 143 #
2015/2330(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that poverty and social exclusion are still major issues, that the objectives of the 2010 European Year for Combating Poverty and Social Exclusion have not been fully met and that good and quality jobs constitute an essential pillar for social fairness, promoting human dignity; believes that in this sense employment and growth must be placed at the centre of EU policiesy, especially for youth, as a way to construct a more sustainable social European Union; and promote social cohesion that is needed now more than ever;
Amendment 211 #
2015/2330(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to promote and protect the social market economy, which provides a framework within which competitiveness contributes to social justice and social justice stimulates competitiveness as well as the need to find a balance between economic considerations and the need to ensure an efficient fiscal consolidation, a sustainable economy, a real social cohesion and an increased social protection ;
Amendment 337 #
2015/2330(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees on the need to develop a process of upward economic and social convergence in order to foster social and economic cohesion between Member Sstates and their regions, and to concretely strengthen social and demographic cohesion through a real and optimized use of available funds but points out that this must be viewed as a goal of a common project in which social dialogue plays a key role ;
Amendment 2 #
2015/2329(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes warmly the 2 791 applications submitted under the Europe for Citizens programme in 2015, and suggests increasing participation in the coming years by making promotional campaigns for domestic media setting out clear information on the priorities and accessibility of the programme and informing European citizens of the existence of the ‘Europe for Citizens’ programme, encouraging them to consider the benefits thereof and to feel more involved; proposes allowing applicants to use e-participation tools;
Amendment 12 #
2015/2329(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that the objectives of the Europe for Citizens programme are similar and complementary to those of the European Citizens’ Initiative, in particular the aspiration to get citizens involved in EU work; believes, for that reason, that efforts should be made to link up the two programmes, possibly by means of exchanges of experience between those members of the public concerned who have already had recourse to such programmes, given that grassroots involvement in a programme has been shown to enhance the value thereof;
Amendment 10 #
2015/2326(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States, taking into account the numerous delays in a number of Member States in this regard, in order to reduce breaches of EU law and therefore deliver the benefits to people and business which the efficient and effective application of Community law makes possible;
Amendment 21 #
2015/2326(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that the number of new late transposition cases increased slightly in 2014 compared to the previous year and that all of these were related to labour law, and calls on the Member States to take action, including legislative action, to ensure the practical and beneficial transposition of EU directives into all national legal systems;
Amendment 35 #
2015/2326(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives, which is necessary for the EU to operate effectively and viably; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.
Amendment 13 #
2015/2324(INI)
Draft opinion
Recital B
Recital B
B. whereas specific answers need to be found to the problems of globalisation, economic and demographic disparities, the ageing population, ‘brain drain’, climate change, large-scale natural hazards, the energy challenge, seasonal fluctuations and multiple jobs;
Amendment 27 #
2015/2324(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the strategy for the Alpine region should take inspiration from the successful macro-regional strategies already in place for the Baltic Sea region, the Danube region and the Adriatic and Ionian Sea region;
Amendment 27 #
2015/2324(INI)
Motion for a resolution
Recital F
Recital F
F. whereas this region constitutes an interconnected macro-region withe Alpine region possesses unique geographical and natural features, whereas it constitutes an interconnected macro-region and transit region which has substantial potential for development, but whereas specific responses are needed to challenges arising from environmental, demographic, transport, tourism and energy-related issues, seasonality and multi-activity, and whereas coordinated territorial planning could produce better results and added value for territorial cohesion of Alpine and peri-Alpine areas;
Amendment 30 #
2015/2324(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the strategy for the Alpine region should prioritise areas in which, with more regional convergence, it would bring real added value;
Amendment 32 #
2015/2324(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Alpine Region is Europe’s ‘water tower’ and the Alps supply enough water to provide up to 90% of the needs of the foothill areas in summer; whereas water is important for hydroelectricity, the irrigation of agricultural land, the sustainable management of forests, preserving biodiversity and the landscape and providing drinking water; whereas it is essential to preserve the quality of waters and the low water levels of rivers in the Alps and to find a fair balance between the interests of local populations and the needs of the environment;
Amendment 35 #
2015/2324(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas free movement of persons is a fundamental right and a prerequisite – particularly in border areas – to reaching the goals of economic, social, territorial and environmental cohesion, strong and sustainable competitiveness and equitable access to employment;
Amendment 45 #
2015/2324(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the European Structural and Investment Funds (ESIFs) offer potentially significant resources and a wide range of tools and options for the Strategy; notes the availability ofcalls for greater synergy, promoting coordination and complementarities with the European Structural and Investment Fund (ESIF) and other funds and instruments relevant to the Strategy pillars, notably Horizon 2020, the Connecting Europe Facility, the LIFE programme, and the COSME programme for SMEs, for which the Commission should investigate the possible added value of specific calls focused on the particular challenges of the Alpine region;
Amendment 73 #
2015/2324(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports strategic planning amongin both urban and rural areas of the Alpine areasgion, with a view to promoting networking and common targets in a coherent and coordinated policy framework (e.g. with reference to renewable energies, welfare, logistics, and business and social innovation);
Amendment 102 #
2015/2324(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of increasing the economic potential of strategic sectors – agriculture, forestry, tourism, energy, the bioeconomy, organic products, health and the latest technologies – and giving strong backing to SMEs, which should be linked to research centres;
Amendment 108 #
2015/2324(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that a macro-regional strategy for the Alps should secure the preservation of forms of traditional and craft-based economic activityies as well as fostering innovation and the development of new initiatives in this field;
Amendment 127 #
2015/2324(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes that, in the Alps, the same person is often required to carry out different activities over the course of a year, sometimes on a cross-border basis; calls on the Commission, the Member States and local authorities to encourage cooperation between bodies providing initial and in-service professional training; stresses the benefits which an Erasmus+ programme devoted to cross- border apprenticeships could bring;
Amendment 131 #
2015/2324(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of improving transport and energy connectivity among the participating countries, including local, regional and cross-border transport and intermodal connections with the hinterland, also in order to boost the development of the region, enhance the quality of life of its inhabitants and attract new residents;
Amendment 137 #
2015/2324(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of connecting transport routes with other parts of Europe and the relevance of interconnections with TEN-T corridors; points out that mountainous terrain is still an obstacle to rapprochement between EU citizens, and that the EU has pledged to increase funding for cross-border transport infrastructure; calls on the participating countries to focus their efforts on implementing projects that are covered by the current TEN-T network;
Amendment 195 #
2015/2324(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that the Alpine region was able to benefit from its waterways at a very early stage by developing hydropower facilities; takes the view that it should be possible to use EU funds to foster exchanges of good practice and the modernisation of structures, with a view to responding to the growing demand for energy and the influx of tourists;
Amendment 198 #
2015/2324(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Stresses that the integrated management of water resources is one of the keys to the sustainable development of the Alps; points out that natural risks, in particular water-related risks, could have a knock-on effect in the lowlands and built-up areas; stresses, therefore, the need to step up exchanges of best practices and cross-border cooperation, in the context of the Water Management Platform set up under the Alpine Convention, between the national bodies responsible for the management of water and river basins in order to meet the shared challenges stemming from climate change;
Amendment 356 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 – subparagraph 1
Paragraph 28 – subparagraph 1
Stresses the need for the Commission and the Member States to step up their efforts in fighting all forms of discrimination, xenophobia and racism, including by raising awareness of anti-discrimination laws and, by supporting civil society organisations, social partners and National Equality Bodies in their work, and by stepping up their communication efforts vis-à-vis the media and citizens in the EU in order to combat any disinformation, populist manipulation or xenophobia, which are contrary to European values;
Amendment 52 #
2015/2320(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that in order to ensure better conditions for job creation for the SME sector Member States must address the following problems, which are unequally present in different regions: skills scarcity and brain drain; regulatory burdens and regulatory uncertainty; ill- adapted and suffocating taxes; all types of fraud, including the shadow economy; and the de facto privileged position of multinational corporations (MNCs);
Amendment 44 #
2015/2284(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the reduced appropriations earmarked for the EGF in the annual budget have been sufficient to provide the necessary assistance to dateassistance and support that is both vital and necessary for people who have lost their jobs as a result of structural changes; emphasises however that in the event of a significant increase in applications the appropriations should continue to ensure the effective functioning of the EGF;
Amendment 157 #
2015/2284(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reminds the Member States of their obligation to provide data on re-integration rates 12 months after the implementation of the measures to provide the necessary follow-up concerning the EGF's effects and efficiency;
Amendment 22 #
2015/2258(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the use of Braille in communication with petitioners, and encourages all EU institutions to use sign language, easy-to-read formats and Braille in their communication with citizens in order to maintain and strengthen efforts to include citizens in the work of the institutions and the European project;
Amendment 100 #
2015/2258(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the lack of accessibility of the EU-wide 112 emergency number, which is causing unnecessaryavoidable deaths and injuries;
Amendment 167 #
2015/2258(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the institutions to revand the agenciews all staff regulations,nd bodies of the Union to review all internal rules and implementing provisions for CRPD compatibility, as part of an open and disability-inclusive process, in orderin order effectively and rapidly to address the Concluding Observations;
Amendment 172 #
2015/2258(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the institutions to adopt comprehensive or specific recruitment, retention and promotion policies, including temporary positive measures, to actively and substantially increase the number of permanent officials or contract staff and trainees with disabilities, including psychosocial and intellectual disabilities;
Amendment 7 #
2015/2257(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that Erasmus and other mobility programmes can constitute an essential stage in the courses of European students, enabling them to discover a new culture and learn foreign languages as well as acquire specific university-level knowledge and skills; points out that they have fostered European integration and strengthened the idea of citizenship; notes that these programmes have had an indirect impact on employment; points out that mobility in the context of vocational education and training (VET) is fundamental to the fight against unemployment, enhances employability and reduces the skills gap;
Amendment 51 #
2015/2257(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission, the Member States and the agencies to revise the requirements of the VET mobility programmes to make them relevant as regards duration and content, combining periods of training and work,in order to enable people to develop effective professional skills and obtain jobs, as part of a necessary move towards the increased recognition of skills, and with a view towards taking concrete steps to fight unemployment, so as to enhance the employability of young people in Europe;
Amendment 72 #
2015/2257(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges that the manufacturing sector, including SMUs, should be more closely involved in the framing, implementation and funding of VET mobility programmes; believes that flexible and constructive dialogue between training centres and firms will ensure that VET is a success and facilitate the necessary transition from an Erasmus programme for higher educational skills to a vocational Erasmus programme that will enable skills to be developed effectively and actual jobs to be obtained;
Amendment 92 #
2015/2257(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the tools developed by the Commission, such as Ploteus and Eures, which offer information about VET and mobility and enable necessary and beneficial support to be provided to young people who wish to benefit from a period of mobility, but deplores the fact that they are little known and little used;
Amendment 11 #
2015/2255(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.
Amendment 40 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the increased trend towards undeclared work, and bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection;
Amendment 103 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the declaration by the President of the Commission of the principle of ‘equal pay and social protection for the same work at the same place’ for all European workers; whereas legal clarification of this principle and its application is required;
Amendment 113 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the free movement of persons is essential to the European project, and also a prerequisite for achieving economic, social and territorial cohesion goals in order to bring about a solid and sustainable level of competitiveness in all Member States;
Amendment 118 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas undeclared work harms not only workers, but also employers who observe the rules and who thus find themselves facing unfair competition from employers who do not;
Amendment 126 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the posting of workers should facilitate the sharing of skills and professional experience, and not be a cause of social dumping;
Amendment 129 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas rigorous action on the part of Member State labour inspectorates and closer, systematic coordination between them are essential;
Amendment 132 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. having regard to the importance of assessing the impact of the implementation of Directive 2014/67/EU, once it has been transposed in all Member States, in order to determine its real impact in the struggle against the various types of fraud identified in the context of the posting of workers;
Amendment 153 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspectionPoints out that 28 Member States have ratified ILO Convention No. 81 on labour inspection; calls on Member States to ensure that all its provisions are implemented;
Amendment 179 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for training in the arrangements governing the posting of workers, interpretation and translation;
Amendment 182 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for interpretation and translation, with a view to mandatory cooperation and mutual assistance between Member States;
Amendment 201 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body ofon Member States to establish channels for dialogue between their labour inspectorates with regard to cross- border labour inspectors towork, so that they can carry out on- the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved;
Amendment 228 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missionsNotes that non-declaration or irregular declarations are among the most common types of fraud; recommends that the prior declaration be made mandatory in all Member States; also calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions, which would make declarations easier to consult, facilitate coordination between Member States and limit the current legal uncertainties linked to the differences in procedures and documents from one country to another;
Amendment 283 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creation of ‘Calls on the Member States to improve considerably information exchange concerning social security for posted workers; recalls its appeal to the Commission to ‘look into the opportunity, and, if necessary, to provide a forgery- proof European social security card (...), on which could be stored all the data needed to verify the bearer’s employment relationship’1; wishes all and which could take into account the information associated with the worker's postings to feature on this cardposting missions of the worker; __________________ 1 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR
Amendment 336 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the importance of enterprises having a ‘genuine activity’ in their Member State of origin as a justification for the posting or workers; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 338 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarter, whose social and economic activities are bogus, which constitute a breach of their obligations under agreements and the law, and which result in the loss of billions of euros in tax revenue, by generalising the principle of a single headquarters for businesses; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 352 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEUdraws attention, further, to the importance of Articles 151 and 153 TFEU, which set the goals for the EU and its Member States concerning the promotion of employment, the improvement of living and working conditions, adequate social protection, the promotion of social dialogue and the fight against exclusion;
Amendment 372 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonusesclarified; stresses the need to respect the collective agreements of the host country; recalls that sums to cover expenses relating to posting, such as board and lodging, should be paid on top of remuneration;
Amendment 403 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes maximum periods of postings to be limitedlaid down in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directivehe posting of workers in the country in which they reside to be forbidden;
Amendment 436 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport, a sector which has been hit particularly hard by unfair competition; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 488 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificationCalls for the effective application of the rules on posting to all transport workers covered by Directive 96/71 EC, whatever the implementing rules for transport services and, in particular, cabotage;
Amendment 505 #
2015/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;
Amendment 548 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels (regardless of the flag it flies) providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workersMember State with which the seafarer's work is most closely connected;
Amendment 560 #
2015/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two or more European ports are built in Europe, fly an EuropeanEA flag and are owned by a European companycompany situated in the EEA and mainly manned by EEA-domiciled seafarers; calls for the law that is applicable to be associated with the country in which the vessel owner is basseafarers employment agreement to be governed by the Member State with which the seafarer's work is most closely connected;
Amendment 574 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidlyRecalls the importance of tying the development of the digital and sharing economy to the protection of workers in this new sector; calls on the Commission to evaluate the provisions of European legislation applying to this sector and, if necessary, to draw up proposals to combat unfair competition in the digital and sharing economy;
Amendment 599 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. TakStresses the view that a social protocol is necessary to ensure the primacy ofimportance of equality between fundamental rights overand economic freedoms;
Amendment 638 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Desires that wage floors be established, possibly in the form of a minimum wage with due respect for the practices of each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers and in particular in the road transport sector;
Amendment 655 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks withinProposes that the Commission and the Member States give further thought to establishing European unemployment insurance for the euro area;
Amendment 674 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors and the entire subcontracting chain;
Amendment 683 #
2015/2255(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies haventerprises to assume a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractooutsourcers operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;
Amendment 693 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 70 #
2015/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the lack of affordable childcare contributes to the gender employment gap, the pay gap and related pension gap, and the disproportionate number of women who are in precarious work and in or at risk of poverty; urges the Member States to ensure delivery on necessary and beneficial improvements to access to childcare by, for example, increasing expenditure on the provision of childcare services and/or subsidies to households, incentivising employer contributions to childcare costs, and making better use of EU funds;
Amendment 88 #
2015/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that women’s economic independence plays a crucial role in their ability to escape situations of domestic violence, and that women who have exhausted their paid leave are at risk of losing their jobs and economic independence; calls on the Commission and the Member States to consider introducing a statutory right to paid domestic violence leave, to promote better knowledge and defence of their rights and to protect their economic independence.
Amendment 1 #
2015/2226(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas rural areas represent more than 77 % of EU territory and whereas many jobs in those areas are linked to agriculture and the agro-food industry;
Amendment 2 #
2015/2226(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas, taken together, agriculture and the agro-food industry account for 6 % of the GDP of the EU, 15 million businesses and 46 million jobs;
Amendment 11 #
2015/2226(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the centrality of agriculture to social cohesion owing to its role in economic growth and diversification, and in fixing populations in rural areas; stresses the need to strengthen the CAP budget and to ensure social fairness in its implementationimportance of the CAP, which should make it possible for farmers to conduct business in such a way as to guarantee that they and their employees can have decent living conditions and good future prospects;
Amendment 30 #
2015/2226(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports an integrated approach betweeapproach which simultaneously draws on the CAP’s second pillar and other EU funds such as the European Social Fund; underlines the importance of involving local and regional administrations in the management and design of rural policies; calls on Member States to ensure that local and regional administrations do not create additional administrative burdens in the course of their work;
Amendment 39 #
2015/2226(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the strong market orientation of the EU’s agricultural polStresses that competition to offer the lowest pricies and its negative effect on rural incomes and employment, as evidenced by the liberalisation of the dairy sector; condemns the negative impact on agricultural labour of free trade agreements such as the Transatlantic Trade and Investment Partnershipdestroys jobs in rural areas; calls on the Commission and Member States to take strong measures to guarantee prices which take due account of the work done by producers in order to guarantee them and their employees a decent standard of living;
Amendment 48 #
2015/2226(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on each Member State, in a new context whose salient features include the Russian embargo, the decline in demand, the abolition of milk quotas, the collapse of prices, increased production costs, increased competition and environmental challenges, to consider how the competitiveness of their farming can be improved so that the sector can create jobs and generate added value which is shared equitably throughout agriculture and the agro-food industry; stresses the importance, in this connection, of maintaining farms on the land, recognising their multifunctional character, which enables them, over and above their prime function of producing agricultural raw materials, to perform several other important functions, such as preserving the environment and contributing to the vitality of rural areas and the balance of regional development;
Amendment 54 #
2015/2226(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that European farming is currently facing an unprecedented crisis, which is impoverishing farmers, creating risks of bankruptcy and leading to rising numbers of suicides; calls on the Commission to assess the social impact of this crisis, particularly in terms of job losses, especially in rural areas;
Amendment 58 #
2015/2226(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission, in its trade negotiations with third countries, to take into account the impact that they may have on employment, particularly in rural areas;
Amendment 63 #
2015/2226(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the introduction of social conditionality in the CAP’s first pillarretention, as part of the CAP, of a strong first pillar with an economic function, capable of helping farmers make their farms into profitable and prosperous businesses, which can create jobs both directly and indirectly throughout agriculture and the agro-food industry; recalls, in this context, that one job created in agriculture results in the creation of seven jobs elsewhere;
Amendment 78 #
2015/2226(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a stronger role for social partnersRecommends that the social partners, alongside the national management authorities, play a stronger role in the development and implementation of agriculturalrural development policy in order to create quality jobs, ensure adequate health and safety conditions and foster the social integration of rural workers, in particular migrant for all workers;
Amendment 92 #
2015/2226(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of training, including training through apprenticeships, and skill formation for farmers and agricultural workers, particularly for young people entering the workforce and in order to be able to adapt to changes in agriculture and food production, so that they are able to adapt to changes occurring on the market and can better match their skills and qualifications to the needs and challenges of the agricultural and agri-food sector, including through improving their technical and digital skills, all while guaranteeing sufficient and high-quality food production in the context of global demographic growth;
Amendment 100 #
2015/2226(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Member States to promote the ERASMUS+ programme among young farmers in training, including its apprenticeship component, in order to encourage them to acquire new technical and linguistic skills abroad;
Amendment 102 #
2015/2226(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the Member States to facilitate and guarantee access for rural areas to new information and communication technologies so that agricultural holdings can modernise their production methods, and so that farmers and agricultural workers can benefit from online training programmes throughout their career;
Amendment 107 #
2015/2226(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that improving access to land through instruments such as public land banks is key to agricultural employmentRecalls that the area of agricultural land is diminishing each year in Europe; stresses that preserving the area under cultivation is vital to preserving jobs in rural areas; notes that in the EU, only 6% of farmers are aged under 35 and that over 4 million are aged over 65; recalls the essential nature of measures enabling generational turnover and the setting up of young farmers by providing them with access to multi-disciplinary training so that young farmers are able to carry out a variety of activities simultaneously or successively in the course of a year and to combine revenues;
Amendment 114 #
2015/2226(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the average European farmer holds a mere 12 hectares of land and that 70% of agricultural holdings have a surface area below five hectares; notes that due to their size and structure, agricultural holdings cannot always afford to take on full-time employees or highly qualified workers; encourages the Commission and the Member States therefore to put in place measures to encourage employer groups;
Amendment 120 #
2015/2226(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. UrgNotes that, in rural areas, the gender pay gap in rural areas be addressed in order to improve women’s labour conditions and access to lans over 10% higher than elsewhere; urges that the gender gap in rural areas be addressed;
Amendment 126 #
2015/2226(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the defence of the right to public services in rural areas against current neo-liberal poEncourages the Member States to guarantee a good level of access to public services in rural areas, such as schools and healthcare facilicties; supports the development of minimum income schemes to ensure social cohesion, given the high rate of poverty and social exclusion in rural areas, in order to put an end to the problem of depopulation in rural areas and to encourage people living in rural areas to stay there and settle.
Amendment 27 #
2015/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to create channels of communication with Member States and local agents in order to ensure the necessary cooperation between parties at all levels, and points out that CLLD and ITI will only achieve success with the commitment and ownership of all the stakeholders involved;
Amendment 31 #
2015/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential of the bottom-up approach of CLLD in supporting local development strategies, creating job opportunities and encouraging sustainable rural development, and would welcome the inclusion of urban areas in this mechanism;
Amendment 199 #
2015/2223(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to develop, adopt and implement an EU framework to reduce poverty and social exclusion in line with the Europe 2020 Strategy, consisting of concrete measures and actions, including energy poverty, so as to enable convergence between social policy and energy policy;
Amendment 127 #
2015/2222(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure that provision is made for employeebalanced representation of male and female employees at supervisory board level in drafting all new EU legislative acts or revising existing ones in the context of European company law;
Amendment 240 #
2015/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that workers' representatives on supervisory boards should have the same rights and powers, the same prerogatives and the same speaking time as the representatives of the management and / or the owner;
Amendment 5 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that whilst it is impossible to hold back the digital revolution, it is possible to shape its coursWelcomes the new Commission strategy for a digital single market that will bring growth and jobs to Europe;
Amendment 40 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 96 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to adjust their education systems in response to these new labour market requirements and to promote the acquisition of digital skills;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages the Member States to develop the digital skills of teachers as part of their training;
Amendment 126 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points outEmphasises that the digitalisation-driven trend towards more flexible working practices may also give rise to precarious forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; calls for self-employed persons with quasi-employee status to be placed on an equal footing with employed persons under employment law represents an opportunity for work to be organised in new ways enabling greater efficiency in the performance of tasks and a better work/life balance;
Amendment 150 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the sharing economy requires a rethinking of social relations in the working world;
Amendment 153 #
2015/2147(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that Member States need to adjust their labour legislation to the digital economy, and to the sharing economy in particular;
Amendment 181 #
2015/2147(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission, the Member States and the social partners to suggest ways of enhancadapting social security for self- employed persons in need of protection, in order to safeguard the effectiveness of existing national systems.to this new way of working, particularly in regard to self-employed workers in the context of the sharing economy;
Amendment 123 #
2015/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Member States to contemplate the adoption of a universal design standard for creating working surroundings that take into account the needs of persons with disabilities in order to ensure that improvements in working conditions are made permanent and to foster the creation of working surroundings that are increasingly adapted to all European workers;
Amendment 239 #
2015/2116(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that lack of comparable equality data makes it more difficult to prove the existence of discrimination; calls on the Member States to collect equality data in a systematic way and with the involvement of national equality bodies and national courts in order to take action and practical measures against all forms of discrimination relating to recruitment and the job market;
Amendment 94 #
2015/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace regardless of the size of the employer, the qualification level of their job, the underlying contract or the Member State of employment;
Amendment 146 #
2015/2107(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that health and safety at work are factors in workers’ social inclusion;
Amendment 181 #
2015/2107(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to share good practices and results in the area of health and safety at work;
Amendment 183 #
2015/2107(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the importance of national OSH strategies taking into account the adaptability, feasibility and appropriateness of rules imposed on small and medium-sized enterprises;
Amendment 80 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the need to increase the staffing levels of, and the resources available to, Member States’ labour Member States’ labour inspectorates, to step up cooperation between the Member States and the European Platform against undeclared work, to increase the inspectorates’ resources to allow for effective monitoring of labour standards, to ensure that labour law is applied, to guarantee vital protection for workers in exercising their professions, and to prevent and limit as many infringements as possible within this area in order to combat social dumping;
Amendment 23 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. education must pave the way for the next generation to be able to live fully productive lives in a world which will be changed by robotisation and automationand training must adapt to changes in professions and modes of production, such as robotisation and automation, in order to provide the next generation with all the tools needed to offer them the best possible preparation for the job market;
Amendment 18 #
2015/2097(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A. whereas career equality for men and women would help resolve the problem of women faced with impoverishment being far more vulnerable;
Amendment 118 #
2015/2097(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deploresTakes note of the fact that the proposed revision of the directive on maternity leave was withdrawn just before the publication of the roadmap ‘New start to address thedue to the institutional deadlock into which it had sunk; challenges of work-life balance faced by working families’ and the fact that, in the context of this roadmap, the Commission does not at this stage intend to publish a final report on the implementation of the directive on parents on the Commission to return with an ambitious and realistic proposal that will effectively enable better reconciliation of family life and professional leavife;
Amendment 147 #
2015/2097(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Emphasises the need to provide workers who opt for parental leave with a decent income that allows them to make a genuine choice between the pursuit of their professional activities and raising their children;
Amendment 159 #
2015/2097(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for workers returning from parental leave to be able to benefit from training periods and from a period of protection against dismissal so that they can readjust to their job;
Amendment 25 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that as regards the medium term, the issue being raised by Europe’s current refugee crisis is the integration of refugees into European society; calls on the Commission, therefore, to opt for a plan geared towards social and occupational integration of refugees in a European labour market still suffering from the impact of the economic crisis;
Amendment 36 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that labour market data have to be taken into account in the permanent relocation mechanism for refugees in order to ensure that it will not worsen the social and economic situation for refugees’ home territories and their populations, and to make for better social and occupational integration of refugees;
Amendment 139 #
2015/2094(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses how important it is to ensure the professionalisation of the sector so as to foster the creation of quality jobs and bring better working conditions and, access to training and better social recognition;
Amendment 161 #
2015/2094(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends affording women domestic workers and carers the same status as the rest of the labour force and recommends that the Member States take decisive action in this sector that brings high added value to the economy, so as to ensure fair working conditions;
Amendment 23 #
2015/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2 Calls for the swift ratification by Korea ofCommission to continue its work with Korea to enable that country to ratify all fundamental ILO conventions that it has not yet ratified;
Amendment 39 #
2015/2059(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of dialogue between the Commission, civil society, social partners and businesses with a view to pursuing the implementation of the commitments set out in the agreement.
Amendment 27 #
2015/2042(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the importance of aat the financial instrument such as the Facilityconcerned is essential in times of financial crisis in order to ensure that unemployed peopleable undertakings to be set up or developed, and employment to be promoted, and is an effective tool to ensure that unemployed people, potential genuine entrepreneurs and microenterprises have easier access to financing;
Amendment 76 #
2015/2042(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Commission to assess, and if necessary review, the cap stipulated for loans to social enterprises under EaSI, so as to give them the necessary, and adequate, resources for their beneficial development and so that market needs are met;
Amendment 92 #
2015/2042(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to develop the microfinance sector, so as to enable it to be expanded, which is necessary in order for the Union’s objectives under the Europe 2020 Strategy to be attained, and to make use of the Facility, by investigating possibilities for non-bank intermediaries to enter the microcredit market without depending on a partnering bank;
Amendment 47 #
2015/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for sustainable impact assessments and human rights impact assessments to be carried out, at bilateral level, before, during and after the negotiations; takes the view, also, that negotiators should take into account to a greater extent the priorities and concerns that emerge from these impact studies for their action to be more realistic and effective;
Amendment 8 #
2015/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission, the Member States and the social partners to promote gender equality, to introduce and guarantee career equality in ICT companies, representative bodies and training institutions and to closely monitor and follow up on the progress that still needs to be made;
Amendment 51 #
2015/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to identify new forms of employment, especially for women so a full and proper work-life balance may be possible and guaranteed, and to safeguard fundamental workers’ rights and the social protection of employees in order to combat precarious working conditions;
Amendment 66 #
2015/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that the gender pay gap continues for self-employed women and women working in the ICT sector; stresses that the principle of equal pay for equal work in the same workplace to ensure just and fair wages is being challenged even though it constitutes one of the fundamental pillars of social justice in employment and should therefore be protected above all else;
Amendment 75 #
2015/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the opportunity for a better work-life balance for women in the digital age even if, despite the ways in which society has changed, structures have still not been sufficiently adjusted and do not make it possible for women to fully profit from this option; emphasises the risks posed by constant accessibility (e.g. burnout); advocates, therefore, a ‘right to log off’ for workers;
Amendment 52 #
2015/0051(NLE)
Recital 3
(3) The employment guidelines are consistent with the broad guidelines for the economic policies and on no account call into question budgetary restructuring policies.
Amendment 60 #
2015/0051(NLE)
Recital 4 a (new)
(4a) The employment guidelines must allow Member States, as a priority, to adopt sustainable and integrated economic models at EU, national and local level.
Amendment 6 #
2015/0026(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to address the budgetary constraints faced by Member States at the initial stage of the programming period and, taking into account the urgent need to address youth unemployment and the specific features of the YEI, it is appropriate to lay down provisions in order to complement Regulation (EU) No 1303/2013, with a view to increase the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015. To ensure that Member States have sufficient means to provide payments to beneficiaries responsible for the implementation of operations that target youth unemployment, an additional initial pre-financing amount from the specific allocation for the YEI should be paid in 2015 for operational programmes supported by the YEI, in order to complement the pre-financing amounts paid in accordance with Regulation (EU) No 1303/2013. In order to enable a prompt implementation of the operational programmes supported by the YEI, the Commission should commit itself to pay the pre-financing amount to the Member States immediately after the entry into force of this Regulation.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 21 #
2015/0009(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The economic and financial crisis has 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 and territorial entities. This lack of investment slows economic recovery and negatively affects job creation, long-term growth prospects and competitiveness.
Amendment 22 #
2015/0009(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The economic and financial crisis has 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 slows economic recovery and negatively affects job creation, long-term growth prospects, the preservation of social models and competitiveness.
Amendment 32 #
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 on sound foundations and promoting stable and sustainable growth. Along with a renewed impetus towards investment financing, these preconditions can contribute to establishing a virtuous circle, where investment projects help support employment and demand and lead to a sustained increase in growth potential.
Amendment 44 #
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 through 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 and sustainable investment projects having a direct impact on the real economy, growth and employment.
Amendment 69 #
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 which is simpler, more accessible and more functional. It is intended that increased access to financing should be of particular benefit to small and medium enterprises. 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 70 #
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 benefitbenefit, as a priority, to small and medium enterprises. 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 71 #
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, which are responsible for more than 80% of job creation in the European Union. 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 82 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic value added contributing to achieving long-term Union policy objectives.
Amendment 91 #
2015/0009(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The EFSI should take into account the territorial dimensions of strategic investments by targeting its action at rebalancing the level of investment between urban and rural areas; in order to ensure better cohesion between territories, the EFSI should promote investments having the potential to achieve this, in particular in suburban areas, which play a key role in coordinating and energising the link between urban and rural areas;
Amendment 102 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value having a direct impact on the real economy. In particular, the EFSI should target projects that promote job creation, long- term growth and competitiveness. 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 121 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis, regions suffering industrial desertification and territories with the poorest social indicators. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 153 #
2015/0009(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to enable the EFSI to support investments, the Union should grant a guarantee of an minimum amount equal to EUR 16 000 000 000. When provided on a portfolio basis, the guarantee coverage should be capped depending upon the type of instrument, such as debt, equity or guarantees, as a percentage of the volume of the portfolio of outstanding commitments. It is expected that when the guarantee is combined with EUR 5 000 000 000 to be provided by the EIB, that the EFSI support should generate EUR 60 800 000 000 additional investment by the EIB and EIF. This EUR 60 800 000 000 supported by the EFSI is expected to generate a total of EUR 315 000 000 000 in investment in the Union within the period 2015 to 2017. Guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations.
Amendment 156 #
2015/0009(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for further increase in its resources, participation in the EFSI should be open to third parties, including Member States, national promotional and investment banks or public agencies owned or controlled by Member States, private sector entities and entities outside the Union subject to the consent of existing contributors. Third parties may contribute directly to the EFSI and take part in the EFSI governance structure.
Amendment 157 #
2015/0009(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for further increase in its resources, participation in the EFSI should be open to third parties, including Member States, national promotional banks or public agencies owned or controlled by Member States or regional institutions, private sector entities and entities outside the Union subject to the consent of existing contributors. Third parties may contribute directly to the EFSI and take part in the EFSI governance structure.
Amendment 172 #
2015/0009(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their relevance, performance and impact and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability. They should be forwarded in the form of a report to the European Parliament at regular intervals for its opinion.
Amendment 186 #
2015/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To partially finance the contribution from the Union budget, the available envelopes of the Horizon 2020 – the Framework Programme for Research and Innovation 2014-2020, provided by Regulation (EU) No 1291/2013 of the European Parliament and of the Council2, and the Connecting Europe Facility, provided by Regulation (EU) No 1316/2013 of the European Parliament and of the Council3, should be reduced. Those programmes serve purposes that are not replicated by the EFSI. However, the reduction of both programmes to finance the guarantee fund is expected to ensure a greater investment in certain areas of their respective mandates than is possible through the existing programmes. The EFSI should be able to leverage the EU guarantee to multiply the financial effect within those areas of research, development and innovation and transport, telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned Horizon 2020 and Connecting Europe Facility programmes. It is, therefore, appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of EFSI, without sacrificing the initial objectives of those programmes. __________________ 2 Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). 3 Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
Amendment 188 #
2015/0009(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with support from the Member States, should promote the creation of a transparent pipeline of current and future investment projects in the Union suitable for investment. This 'project pipeline' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable and transparent information on which to base their investment decisions.
Amendment 197 #
2015/0009(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB should regularly report to the European Parliament and the Council on the progress and impact of the EFSI. To that end the EIB should submit an annual report to the European Parliament and the Council for their opinion.
Amendment 212 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, which provide over 80% of jobs in the European Union, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 218 #
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 third parties, including national promotional banks or public agencies owned or controlled by Member States, regional institutions, and private sector entities.
Amendment 224 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
2. The EFSI Agreement shall provide for the creation of a European Investment Advisory Hub ('EIAH') within the EIB. The EIAH shall have as its objective to build upon existing EIB and Commission advisory services in order to provide advisory support for investment project identification, preparation and development and act as a single technical advisory hub for project financing within the Union. This shall include support on the use of technical assistance for project structuring, use of innovative financial instruments, use of public-private partnerships and advice, as appropriate, on relevant issues of EU legislation. In cooperation with the Commission, it shall introduce an innovatory communications strategy to inform the public of EFSI implementation measures.
Amendment 254 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
The Managing Director and the Deputy Managing Director shall be appointed by the Steering Board on a joint proposal of the Commission and the EIB for a renewable fixed term of three years. For the purposes of monitoring and transparency, they shall be interviewed by the committee responsible of the European Parliament at the beginning of their term and half-way through it.
Amendment 274 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies, seek to ensure sustainability and support anyone of the following general objectives:
Amendment 325 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point 1 (new)
Article 9 – paragraph 3 – point 1 (new)
(1) For the purposes of monitoring and transparency, the Commission, the EIB and the Member States shall seek the opinion of the European Parliament annually regarding the content of the European Investment Project Pipeline .
Amendment 46 #
2014/2257(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to promote the ECI among elected representatives at national and local level so that they can spearhead the democratisation of the ECI, lending support and bringing it closer to the citizens;
Amendment 10 #
2014/2255(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the objective of the 2012 European Year for Active Ageing and Solidarity between Generations (EY 2012) was to raise awareness of the value of active ageing, to stimulate the exchange of information, to promote active ageing policies and to create a framework for concrete action by the Union and its Member States, as well as all stakeholders in the public and private sector;
Amendment 21 #
2014/2255(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas active ageing is one of the major challenges of the 21st century;
Amendment 12 #
2014/2254(INI)
Draft opinion
Recital A
Recital A
A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the Commission must respect these rights; whereas unacceptable disparities exist in this regard among the Member States;
Amendment 19 #
2014/2253(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that there continue to be difficulties in dialogue with certain Member States and regions, which are reluctant to provide the documents or explanations requested;
Amendment 28 #
2014/2252(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the eventual withdrawal of this proposal by the Commission demonstrates the difficulty of finding common ground at EU level as to how best to deal with industrial conflict in situations involving businesses and workers in different Member States; encourages the various parties involved to engage in a new interinstitutional debate better geared to bringing about consensus;
Amendment 308 #
2014/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes with great concern the proliferation of subsets of Member States undermining the unity of the Union by causing a lack of transparency and economic, social and intergovernmental cooperation, as well as diminishing the trust of the peopleEuropean citizens;
Amendment 435 #
2014/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout its institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that intermediate arrangements will need to be made concerning the UK’s participation in European decision-making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting– particularly European Parliament votes – affecting the future of the Union of which it will soon cease to be a member;
Amendment 436 #
2014/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout its institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that intermediate arrangements will need to be made concerning the UK’s participation in European decision-making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting– particularly European Parliament votes – affecting the future of the Union of which it will soon cease to be a member;
Amendment 441 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 – point 1 (new)
Paragraph 12 – point 1 (new)
(1) Calls for the establishment of an ‘observer’ status applicable to all United Kingdom representatives, whether elected or unelected, at the EU institutions; the status would enable the representatives to participate in debates until the United Kingdom leaves the European Union without taking part in decisions, including votes in the European Parliament and the Council of the European Union; proposes that the European Parliament’s Committee on Constitutional Affairs is given a mandate to set out the arrangements for this ‘observer’ status on behalf of all the institutions;
Amendment 442 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 – point 2 (new)
Paragraph 12 – point 2 (new)
(2) Calls for the headquarters of the European Medicines Agency, currently in London, to be moved to another Member State;
Amendment 448 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the headquarters of the European Medicines Agency, currently in London, to be moved to another Member State;
Amendment 449 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls for the establishment of an ‘observer’ status applicable to all United Kingdom representatives, whether elected or unelected, at the EU institutions; the status would enable the representatives to participate in debates until the United Kingdom leaves the European Union without taking part in decisions, including votes in the European Parliament and the Council of the European Union; proposes that the European Parliament’s Committee on Constitutional Affairs is given a mandate to set out the arrangements for this ‘observer’ status on behalf of all the institutions;
Amendment 819 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 – point 1 (new)
Paragraph 34 – point 1 (new)
(1) Points out that the excessive number and redundancy of emergency resolutions, but also of some subjects which address only the subsidiarity of Members States in the European Parliament’s reports, weaken their political and diplomatic impact;
Amendment 821 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Points out that the excessive number and redundancy of emergency resolutions, but also of some subjects which address only the subsidiarity of Members States in the European Parliament’s reports, weaken their political and diplomatic impact;
Amendment 896 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a singlPoints out that the seat ofor the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the s is in Strasbourg and that its places of work can only be changed by meatns of all the other EU institutions,n agmencies and bodies be determined by Parliadment andto the Council on a proposal by the European executive, acting in accordance with a special legislative procedureTreaty on European Union;
Amendment 897 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a singlPoints out that the seat ofor the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the s is in Strasbourg and that its places of work can only be changed by meatns of all the other EU institutions,n agmencies and bodies be determined by Parliadment andto the Council on a proposal by the European executive, acting in accordance with a special legislative procedureTreaty on European Union;
Amendment 906 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls, in the interests of transparency, for a study to be carried out on the cost of all the European Union’s agencies and bodies being spread across the Member States; calls for a study to be carried out to calculate the savings that would be made by moving all the European Union’s decentralised bodies to its capital: Strasbourg;
Amendment 50 #
2014/2247(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on Member States, while budgeting prudently and ensuring macroeconomic balance, to provide more funding and to take effective, focused measures to ensure that disparities in development within geographical regions, both rural and urban, are not passed on in the form of social inequalities and inequalities of opportunity which already manifest themselves at the free primary and secondary education levels; nor should this be allowed to happen at later stages either.
Amendment 50 #
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, provided that the activities are carried out in an environmentally-friendly way; encourages Member States to promote among themselves common tourism development policies in order to optimise coastal planning and the development of dynamic regions which are vehicles for socioeconomic progress;
Amendment 54 #
2014/2239(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that sound water management is shaping into a priority for the decades to come, both ecologically and environmentally, as it responds to requirements in the fields of energy and agriculture and to economic and social imperatives.
Amendment 137 #
2014/2238(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need for consistent policies that promote renewable energy production and energy efficiency with a view to triggering local development and creating local jobs; points out that territorial self- sufficiency in energy remains one of the EU’s long-term economic and energy policy goals; maintains, moreover, that the territorial dimension of investment must, without fail, be taken into account, given that it helps to achieve the EU’s territorial cohesion policy aims and to dovetail cities and the countryside;
Amendment 26 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
i a) to ensure that steps are taken to promote the development of new professional skills to meet the new labour market needs that will arise from the TTIP;
Amendment 29 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
i b) to ensure the promotion of the modernisation of training systems, to enable them to provide the new skills required by the TTIP in order to improve access to the labour market and produce better qualified workers;
Amendment 93 #
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 account; it should be recalled that 99 % of European companies are SMEs and that they are responsible for 85 % of net job creation in the EU. It should be stressed that they would be the first to benefit from an open market that would help them to become more competitive by removing unhelpful barriers and creating an economic framework that encourages exports.
Amendment 95 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vi – point a (new)
Paragraph 1 – point vi – point a (new)
a) to study the impact of the TTIP on SMEs and also non-exporting microenterprises active in the local market, for which this agreement will create fiercer competition.
Amendment 97 #
2014/2228(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the sensitivity of certain areas of negotiation, such as the agricultural sector, where perceptions of genetically modified organisms (GMOs), cloning and consumer health are divergent between the European Union and the United States; encourages the Commission to adopt, in this regard, a ‘positive list approach’, as a prerequisite to clarify the issue for all stakeholders;
Amendment 141 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
x a) ensure that the exchange conditions are subject to strict reciprocity in order to strengthen EU industrial fabric, protect SMEs, create jobs and prevent all unfair competition, in particular as regards social standards
Amendment 27 #
2014/2210(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas family businesses guarantee that knowledge and skills will be passed on and in some regions they are an important factor in social links;
Amendment 78 #
2014/2210(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned moreover by the difficulties caused to family businesses by third party structures which engage in unfair practices and encourage social dumping; encourages the Commission to take the measures necessary to create legal conditions favourable to correcting and stabilising the competitive balance of power;
Amendment 1 #
2014/2208(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 9 #
2014/2208(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission statement on the relaunch of an initiative on the circular economy before the end of 2015;
Amendment 30 #
2014/2208(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the non-relocatable character of the jobs created by the circular economy; stresses therefore its importance for regions which have been suffering problems because of globalisation and those suffering from the impact of deindustrialisation;
Amendment 48 #
2014/2208(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 57 #
2014/2208(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to promote the circular economy among local, regional and municipal authorities, which represent the most relevant scale on which to lastingly perform the associated activities;
Amendment 61 #
2014/2208(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls the importance of simplifying reporting obligations for Member States, including streamlining calculation methods for municipal, landfill and packaging waste targets;
Amendment 63 #
2014/2208(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recalls that, as part of a proactive approach, tax incentives and facilitation of access to credit for undertakings in the sector may be important levers;
Amendment 64 #
2014/2208(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on the various operators to develop public-private partnerships to optimise the establishment of a circular economy on several fronts;
Amendment 65 #
2014/2208(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Stresses the desirability of the circular economy for SMEs, which constitute 99% of businesses in the Union and create more than 85% of jobs on the continent; recalls in this connection that the establishment of a circular economy may significantly reduce production costs and thus promote the competitiveness of businesses;
Amendment 66 #
2014/2208(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Stresses the possible importance of the creation of a European circular market in materials as a source of growth and employment, making it possible to ease shortages in certain regions and facilitating exchanges of know-how between businesses;
Amendment 67 #
2014/2208(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Recalls that the appropriate management of hazardous waste remains problematic, particularly for the health and safety of workers; welcomes in this connection the desire to enhance record- keeping and traceability through the setting-up of hazardous waste registries and identifying capacities and bottlenecks in Member States’ management systems; calls on Member States and the Commission to introduce all necessary instruments to protect workers who come into contact with dangerous substances.
Amendment 80 #
2014/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need for transparency and greater gender balance in recruitment for decision-making positions to combat the ‘glass ceiling’ identified in the vast majority of EU Member States;
Amendment 99 #
2014/2152(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the high levels of undeclared work which negatively impact on women’s social security and, prevent lifelong learning, undermine established social standards of health and safety at work and reduce the EU’s GDP levels; calls for the creation of incentives for employers and workers to move from the informal to the formal economy;
Amendment 100 #
2014/2152(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the high levels of undeclared work which negatively impact on women’s social security and the EU’s GDP levels; calls for the creation of incentives for employers and workers to move from the informal to the formal economy; notes that the establishment of a European platform to strengthen cooperation for the prevention and deterrence of undeclared work represents a key lever in this respect;
Amendment 7 #
2014/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is pleased with the European economic governance framework, which, by coordinating policies more closely in order to prevent major imbalances, ensures fully coherent public policy, fosters smart, sustainable and inclusive growth in line with the targets set by the Europe 2020 strategy;
Amendment 31 #
2014/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission's initiative to conduct an initial review of the framework's effectiveness with a view to assessing the effective and uniform application of governance rules by the Member States and by the Commission; also suggests that the review presents an opportunity for an exchange of views with the European Parliament's committees responsible on the ways in which the framework could be deepened;
Amendment 86 #
2014/2145(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission, in tandem with the EIB, to make it easier for SMEs – the main sources of jobs in Europe –, which have created over 80% of the jobs in the EU and which drive sustainable and inclusive growth, to access financing from the European Fund for Strategic Investments, in connection with the European Investment Fund;
Amendment 97 #
2014/2145(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. With a view to improving the effectiveness and focus of budget policies, calls on the Member States to press ahead with their efforts to modernise their labour markets and social security systems; with this in mind, encourages them to share best practices; points out, moreover, that optimum integration of the labour markets remains a medium-term objective for promoting social progress in a balanced, competitive environment;
Amendment 127 #
2014/2145(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. With a view to stepping up democratic scrutiny and reducing the increasing gulf between the EU institutions and EU citizens, recommends that the European Parliament, national parliaments and management and labour be more closely involved in economic dialogue between the Member States and the Commission.
Amendment 128 #
2014/2145(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. With a view to stepping up democratic scrutiny, recommends that the European Parliament, national parliaments, civil society and management and labour be more closely involved in economic dialogue between the Member States and the Commission.
Amendment 33 #
2014/2059(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
E a. Whereas the Commission has to establish trust with economic actors, support enterprise development and in particular focus on supporting SME development, with the aim to promote economic growth and to support employment in Europe;
Amendment 89 #
2014/2059(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 93 #
2014/2059(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that the Commission's strategy of restoring EU competitiveness should focus on a cross-sectorial policy in order to boost innovation and excellence;
Amendment 216 #
2014/2059(INI)
Draft opinion
Paragraph 25
Paragraph 25
25. Welcomes those CSRs aimed at increasing the adequacy and coverage of minimum income schemes and social protection, and the number of CSRs relating to labour market inclusion policies; takes the view, however, that the uneven and fragile growth expected by the Commission in 2014 and 2015 will not by itself be able to tackle the severe impact that austerity measures and the crisis have had on the fight against poverty and social exclusion and on the achievement of the Europe 2020 goals; demands that the Member States propose specific, targeted measures within their NRPs with a view to tackling poverty, especially child poverty;
Amendment 91 #
2014/0124(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) Parliament notes that, in order effectively to prevent and discourage undeclared work, Member States must give priority to developing their economic and fiscal policies in order to make social security contributions fraud less attractive and encourage job regularisation.
Amendment 110 #
2014/0124(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely- declared work and shouldas a consequence comes under the scope of the Platform.
Amendment 127 #
2014/0124(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions’ standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare. In addition, undeclared work upsets the market by acting as a vehicle for social dumping and contravening rules on competition.
Amendment 144 #
2014/0124(COD)
Proposal for a decision
Recital 8
Recital 8
(8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation where such agreements or arrangements do not impede the proper functioning of common rules established by the Platform.
Amendment 162 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of mutual and transparent cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively.
Amendment 237 #
2014/0124(COD)
Proposal for a decision
Recital 17
Recital 17
(17) The Platform should adopt its rules of procedure, work programmes and regular reportsbiannual reports. These should then be submitted to the European Parliament’s Committee on Employment and Social Affairs for approval.
Amendment 240 #
2014/0124(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The Platform can establish working groups to examine specific issues and should be able to rely on the expertise of professionals with specific competences. These will include a working group on identifying optimum taxation practices for encouraging a regularisation of jobs and the early and effective deterrence of undeclared work.
Amendment 262 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) one Member of the European Parliament from each of the political groups represented on its Committee on Employment and Social Affairs,
Amendment 316 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) proposing to the Member States specific structural reforms that they would be required to implement to prevent undeclared work, by making it less attractive, and to encourage registered employment.
Amendment 325 #
2014/0124(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) Make specific recommendations to the Member States every year.
Amendment 350 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) Develop a range of specific tools to make undeclared work less attractive,
Amendment 373 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) Make recommendations to the Commission based on the impact on undeclared work of the legislation in force on the posting of workers,
Amendment 452 #
2014/0124(COD)
Proposal for a decision
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) The Commission shall inform regularly the European Parliament and the Council about the activities of the Platform, on a twice- yearly basis, inform the European Parliament, represented by its Committee on Employment and Social Affairs, and the Council about the activities of the Platform. Parliament and the Council shall be required to communicate any comments they may have.
Amendment 158 #
2014/0108(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Ensuring traceability of PPE throughout the supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who made non-compliant product available on the market and to determine precisely, clearly and transparently the share of responsibility borne by each operator.
Amendment 105 #
2014/0002(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The common IT platform which brings together job vacancies and the possibility of applying for those vacancies, while enabling job seekers and employers to automatically match data according to various criteria and levels, should facilitate the achievement of equilibrium on the Union labour markets which would bring a high level of employment and help avoid serious threats to the standard of living and levels of employment in the various regions and industries, and meet the Europe 2020 targets.
Amendment 139 #
2014/0002(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The freedom of movement for workers and high levels of employment are closely linked and make it necessary for Member States to develop mobility policies supporting a better functioning of labour markets in the Union. Member States’ mobility policies should be considered as an integral part of their social and employment policies. The Commission could list Member States’ good practices and mention them in the recommendations that it makes for the purposes of the European Semester.
Amendment 234 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the better functioning, cohesion, and integration of the labour markets in the Union;
Amendment 243 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) Union-wide social inclusion and integration of persons excluded from the labour market.
Amendment 19 #
2013/0390(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, drivers of sustainable and inclusive growth.