Activities of Marek PLURA
Plenary speeches (21)
Participation of persons with disabilities in the European elections (debate) PL
Implementation of the Youth Employment Initiative in the Member States (debate) PL
Implementation of the European Disability Strategy (debate) PL
A new skills agenda for Europe (debate) PL
Fire safety in buildings (debate) PL
Accessibility requirements for products and services (debate) PL
Implementation of the UN Convention on the Rights of Persons with Disabilities (debate) PL
2015 Report on Turkey (debate) PL
Skills policies for fighting youth unemployment (short presentation) PL
New challenges and concepts for the promotion of tourism in Europe (debate) PL
Social entrepreneurship and social innovation in combating unemployment - Creating a competitive EU labour market for the 21st century - Precarious employment (debate) PL
Assessment of the 2012 European Year for active ageing and solidarity between generations (debate) PL
Guidelines for the employment policies of the Member States (A8-0205/2015 - Laura Agea) PL
Review of the Latvian Presidency (debate) PL
UN Convention on the Rights of Persons with Disabilities (debate) PL
Employment quotas for people with disabilities in the EU institutions (debate) PL
2014 Progress report on Montenegro (debate) PL
European Youth Initiative (modification of the ESF regulation) (debate) PL
Programme of activities of the Latvian Presidency (debate) PL
Commission work programme 2015 (debate) PL
Youth employment (debate) PL
Reports (1)
REPORT on skills policies for fighting youth unemployment PDF (520 KB) DOC (161 KB)
Shadow reports (1)
REPORT on implementation of the European Disability Strategy PDF (806 KB) DOC (145 KB)
Shadow opinions (2)
OPINION on implementation of the UN Convention on the Rights of Persons with Disabilities with special regard to the Concluding Observations of the UN CRPD Committee
OPINION on the general budget of the European Union for the financial year 2015 - all sections
Institutional motions (2)
MOTION FOR A RESOLUTION on sign languages and professional sign language interpreters PDF (374 KB) DOC (86 KB)
MOTION FOR A RESOLUTION on the List of Issues adopted by the United Nations Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union PDF (254 KB) DOC (72 KB)
Oral questions (8)
Breaches of the rights of children whose parents work in Austria PDF (50 KB) DOC (19 KB)
Guardianship for people with intellectual disabilities PDF (197 KB) DOC (19 KB)
Recognition of school study periods abroad PDF (200 KB) DOC (19 KB)
Guardianship for people with intellectual disabilities PDF (198 KB) DOC (20 KB)
Neutrality of airline reservation systems (GDS) and restriction of access to flight information PDF (196 KB) DOC (21 KB)
Commission's approval of Germany's revised plan to introduce a road toll PDF (197 KB) DOC (19 KB)
Call for a limitation of abusive fees charged for cross-border intra-EU phone calls and SMSs in the upcoming review of the telecoms framework PDF (106 KB) DOC (18 KB)
Breaches of the human rights of children with disabilities PDF DOC
Major interpellations (1)
Breaches of the rights of children whose parents work in Austria PDF (48 KB) DOC (19 KB)
Written questions (13)
Disability rights in Iran PDF (5 KB) DOC (18 KB)
Protection of minority languages in Europe PDF (100 KB) DOC (18 KB)
Total ban on advertising for pharmacies, pharmacy outlets and their activities in Poland (EU PILOT 7216/14/MARK) PDF (104 KB) DOC (18 KB)
French law levying a fee of EUR 40 per posted worker PDF (97 KB) DOC (18 KB)
Infringement of the principles of equal and dignified treatment of seasonal workers PDF (43 KB) DOC (19 KB)
Language discrimination case: sanction for speaking in Catalan with Spanish policemen at Barcelona airport PDF (104 KB) DOC (18 KB)
Evaluation of the Youth Employment Initiative PDF (5 KB) DOC (15 KB)
Progress made in the implementation of the Recommendation on a Quality Framework for Traineeships PDF (198 KB) DOC (30 KB)
More effective measures to raise awareness on dementia PDF (193 KB) DOC (24 KB)
Progress in the ratification of the Marrakesh Treaty PDF (197 KB) DOC (28 KB)
Investor guarantees and a change to legislation in force PDF (193 KB) DOC (25 KB)
Call for a European Year on Tourism PDF (193 KB) DOC (26 KB)
Accessibility of the tourism sector for persons with disabilities PDF (6 KB) DOC (24 KB)
Written declarations (9)
Amendments (390)
Amendment 27 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusiTherefore any changes implemented at EU level as to whether the benefits of summer-timnd in the Member States in connection with the repeal of Directive 2000/84/EC will seek to preserve the harrangements outweigh the inconveniencmonisation of time zones linked to a biannual change of time the EU at least at the current level.
Amendment 31 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements and some Member States have already expressed their preference to discontinue the application of such arrangements. The parliaments of some Member States are calling on their governments to take action on seasonal changes of time in the EU. National legislative initiatives have been launched to abolish seasonal changes of time – for example, a bill in Poland resulting from the ‘#czasowstrzymywacz’ social campaign and supported by all political parties in the Sejm – whose procedures and implementation are being held back by arrangements at EU level. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements.
Amendment 45 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the existing right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission in due time of their intention to change their standard time and subsequently apply the notified changes. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information.
Amendment 49 #
2018/0332(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) It is important to note that there are also ways to regulate the circadian rhythm in the Member States, in addition to defining time zones, such as: the working hours of public institutions, labour law, custom. Even today, in Member States located in the same time zone there are differences in working hours, including in public institutions and businesses. Such solutions can be an effective instrument for meeting social expectations while preserving the harmonisation of time zones in the EU at least at the current level in the implementation of this Directive.
Amendment 52 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive shouldall apply from 1 April 2019, so that the last summer-time period subject to the rules of Directive 2000/84/EC should start, in every Member State, at 1.00 a.m., Coordinated Universal Time, on 31 March 2019. Member States that, after that summer-time period, intend to adopt a standard time corresponding to the time applied during the winter season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on 27 October 2019, so that similar and lasting changes occurring in different Member States take place simultaneously. It is desirable that Member States should take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner, so that any change implemented at EU level and in the Member States in connection with the implementation of this Directive maintains the harmonisation of time zones in the EU at least at the current level.
Amendment 58 #
2018/0332(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Implementation of this Directive should be monitoredcoordinated and monitored, so that, among other things, any changes implemented at EU level and in the Member States in connection with the repeal of Directive 2000/84/EC maintain the harmonisation of time zones in the EU at least at the current level. The results of this monitoring should be presented by the Commission in a report to the European Parliament and to the Council. That report should be based on the information that is made available to the Commission by the Member States in a timely fashion to allow for the report to be presented at the specified time.
Amendment 62 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States may still, for a final time, apply a seasonal change of their standard time or times in 2019, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 27 October 2019. The Member States shall notify this decision in accordance with Article 2.
Amendment 82 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, without delay and by 1 April 2019 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 89 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this DirectiveThey shall apply those provisions from 1 April 2019, i.e. when the final transition to summertime comes into effect in accordance with the provisions of Directive 2000/84/EC.
Amendment 90 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April 2019, i.e. when the Member States make the final transition to summertime.
Amendment 74 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and the inactive, as well as through promoting self–employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhancfacilitate workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 92 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should 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 entrepreneurial and digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should 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 could 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 108 #
2018/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The ESF+ should promote flexible upskilling and reskilling opportunities for all, notably entrepreneurial and digital skills and key enabling technologies, with a view to providing people with skills adjusted to digitalisation, technological change, innovation and social and economic change, facilitating career transitions, mobility and supporting in particular low-skilled and/or poorly qualified adults, in line with the Skills Agenda for Europe.
Amendment 117 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities. This implies mobilising a range of policies and strategies targeting the most disadvantaged people regardless of their age, including children, people with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community- based care services. The ESF+ should contribute to the modernisation of social security institutions and public employment services and social protection systems with a view in particular to promoting their accessibility and effectiveness in responding to the changing realities of world of work.
Amendment 309 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth anddisadvantaged groups such as youth, older people, long- term unemployed, and ofpersons with disabilities, as well as inactive people, promoting self-employment and the social economy;
Amendment 339 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including entrepreneurial and digital skills;
Amendment 353 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all taking into account entrepreneurial and digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility;
Amendment 367 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable and affordable services; modernising social security institutions and public employment services and social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
Amendment 375 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi a (new)
Article 4 – paragraph 1 – point xi a (new)
(xia) (xii) enhancing institutional capacity of public authorities and stakeholders and efficient public administration;
Amendment 377 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi b (new)
Article 4 – paragraph 1 – point xi b (new)
(xib) (xiii) increasing the socioeconomic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services;
Amendment 378 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi c (new)
Article 4 – paragraph 1 – point xi c (new)
(xic) (xiv) improving accessibility to goods, services and physical environment in order to enable persons with disabilities to live independently and participate fully in all aspects of life, on an equal basis with others.
Amendment 381 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point 2 a (new)
Article 4 – paragraph 2 – point 2 a (new)
2a. 3. a Europe closer to citizens through poverty reduction and social inclusion measures taking into account the specificities of urban, rural and coastal areas in view of tackling the socio- economic inequalities in cities and regions.
Amendment 454 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall allocate an appropriate amount of their ESF+ resources under shared management to address challenges identified in relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and in the European Semester falling within the scope of the ESF+ as set out in Article 4. This will be complemented by sufficient flexibility at managing authority level to identify priorities and areas for ESF+ investments in line with the specific local or regional challenges.
Amendment 535 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the challenges identified in relevant country-specific recommendations (CSRs) and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities. Sufficient flexibility shall be ensured at managing authority level to identify priorities and areas for ESF+ investments in line with the specific local or regional challenges, due to annual character of CSRs and multiannual character of the ESF+ programming.
Amendment 541 #
2018/0206(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Integrated territorial development 1. The ESF+ may support integrated territorial development within programmes under both goals referred to in Article 4(2) of Regulation(EU) 2018/xxxx [new CPR] in accordance with Chapter II of Title III of that Regulation[new CPR]. 2. Member States shall implement integrated territorial development, supported by the ESF+, exclusively through the forms referred to in Article [22] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 554 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may support the upscaling of innovative approaches tested on a small-scale (social innovation and social experimentations) developed under the Employment and Social Innovation strand and other Union programmes.
Amendment 555 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Innovative actions and approaches may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1).
Amendment 558 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Each Member State shall dedicate at least one priority to the implementation of paragraphs 1 or 2 or to both. The maximum co-financing rate for these priorities may be increased to 95% for the allocation of maximum 5% of the national ESF+ allocation under shared management to such priorities. The implementing and audit rules for such actions shall be sufficiently flexible to allow risk-taking and creativity.
Amendment 593 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 52 #
2018/0064(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authoritgency (text with relevance for the EEA and for Switzerland) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 77 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authoritgency (the ‘Authoritgency’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authoritgency 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 and cross-border provision of services as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 94 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authoritgency should perform its activities in the areas of cross-border labour mobility, cross-border provision of services and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authoritgency, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 109 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authoritgency should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member Statesnational law. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 121 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authoritgency should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons and employers; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members.
Amendment 152 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authoritgency should cooperate withfacilitate coordination between 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 Authoritgency should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The AuthoritThe Agency should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 169 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authoritgency should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of a Member State, Member States orand upon their agreement to the Authority's suggestion. The Authorit. The Agency should provide strategic, logistical, and technical support if needed to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of the Member States concerned which territory the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to that Member State's national law.
Amendment 215 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level and sectorial social partners. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 265 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authoritgency shall assist Member States and the Commission in matters relating to cross-border labour mobility, cross-border provision of services and the coordination of social security systems within the Union.
Amendment 285 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contribute to ensuring fair labour mobility and cross-border provision of services in the internal market. To this end, the Authority shall:
Amendment 396 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authoritgency shall improve the availability, quality, reliability 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 and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authoritgency shall:
Amendment 403 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations and cross-border provision of services;
Amendment 427 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU; especially support with the proper functioning of single official national websites;
Amendment 430 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) support Member States in improving the accuracy, completeness and user-friendliness of relevant national information services and sources, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256];
Amendment 453 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcome cross-border obstacles to labour mobility; and cross- border provision of services;
Amendment 476 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases if requested by concerned Member States;
Amendment 497 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines if requested by concerned Member States;
Amendment 548 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authoritgency shall coordinate concerted or joint inspections in the areas under the scope of the Authoritgency’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. Member States take part in the concerned or joint inspection only after their agreement.
Amendment 558 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A Member State may decide not to take part in a concerned or joint inspection. 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 Authoritgency in writing of the reasons for its decision duly in advancebefore the beginning of the planned inspection. In such cases, the Authoritgency shall inform the other national authorities concerned.
Amendment 576 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States before the beginning of such an inspection via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 589 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authoritgency shall set out the conditions for carrying out such an exercise, especially the scope of the inspection and the applicable law. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authoritgency shall establish a model agreement after consulting all Member States.
Amendment 599 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned where the inspection is taking place. Inspections are being carried out under the supervision of the national relevant authority of the Member State where the inspection is taking place.
Amendment 609 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authoritgency shall provide logistical and technical support if requested by the Member States concerned, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.
Amendment 632 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Parties being subject of the inspection shall receive the post- inspection report and shall have the right to refer to it and challenge findings in accordance with national law of the Member State, on which territory the inspection has been carried out.
Amendment 640 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Joint inspections as well as their legal consequences, decisions on administrative fines and penalties as well as rights and obligations of the parties being subject of the inspection shall be with no prejudice to the law applicable on the territory of a Member State where the inspection is taking place.
Amendment 661 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shallgency shall, in cooperation with Member States, 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 and cross-border provision of services. For that purpose, the Authoritgency 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 Commission or a Member State, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 672 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) identify, analyse and take appropriate measures towards any national provisions which are not proportionate, justified or non- discriminatory as well as any barriers towards cross-border labour mobility and cross-border provision of services;
Amendment 688 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop common guidelines for optional use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 723 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authoritgency shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authoritgency may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. Member States concerned take actively part in the mentioned procedure and make at disposal any relevant and/or requested information. The parties being subject of the mediation such as employers, employees, self- employed persons shall also be consulted and involved.
Amendment 847 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender and geographical balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 146 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Poland 515
Amendment 42 #
2017/0305(NLE)
Proposal for a decision
Recital 1
Recital 1
(1) Member States and the Union are to work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic and technological change, with a view to achieving the objectives of a highly competitive social economy, full employment and social progress set out in Article 3 of the Treaty on European Union. Member States, taking into account national practices related to the responsibilities of management and labour, are to regard promoting employment as a matter of common concern and coordinate their action in this respect within the Council.
Amendment 46 #
2017/0305(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Union is to combat social exclusion and discrimination and promote social justice and protection, as well as equality between women and men. In defining and implementing its policies and activities, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion, and a high level of education and training. The Union is to promote active participation of all citizens in economic, social and cultural life.
Amendment 54 #
2017/0305(NLE)
Proposal for a decision
Recital 3
Recital 3
(3) In accordance with the Treaty on the Functioning of the European Union (TFEU), the Union has developed and implemented policy coordination instruments for fiscal, macroeconomic and structural policies which have significant impact on social and economic situation in the European Union. As part of these instruments, the present Guidelines for the Employment Policies of the Member States, together with the Broad Guidelines for the Economic Policies of the Member States and of the Union set out in Council Recommendation (EU) 2015/1184, form the Integrated Guidelines for Implementing the Europe 2020 strategy. They are to guide policy implementation in the Member States and in the Union, reflecting the interdependence between the Member States. The resulting set of coordinated European and national policies and reforms are to constitute an appropriate overall economic and social policy mix which should achieve positive spill-over effects.
Amendment 59 #
2017/0305(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) To ensure a more democratic decision-making process on the integrated Guidelines, which affect people and labour markets across the Union, it is important that the Council should take into account the position of the European Parliament.
Amendment 65 #
2017/0305(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) The European Semester combines the different instruments in an overarching framework for integrated multilateral surveillance of economic, budgetary, employment and social policies and aims to achieve the Europe 2020 targets, including those concerning employment, education and poverty reduction, as set out in Council Decision 2010/707/EU5 . Since 2015, the European Semester has been continuously reinforced and streamlined, notably to strengthen its employment and social focus and to facilitate more dialogue with the Member States, social partners and representatives of civil society at the same time keeping strong emphasis on structural reforms and competitiveness. _________________ 5 OJ L 308, 24.11.2010, p. 46–5
Amendment 71 #
2017/0305(NLE)
Proposal for a decision
Recital 6
Recital 6
(6) The European Union’s recovery from the economic crisis is supporting positive labour market trends, but important challenges and disparities in economic and social performance remain between and within Member States. The crisis underscored the close interdependence of the Member States' economies and labour markets. Ensuring that the Union progresses to a state of smart, sustainable and inclusive growth and job creation is the key challenge faced today. This requires coordinated, ambitious and effective policy action at both Union and national levels, in accordance with the TFEU and the Union's provisions on economic governance including compliance with Stability and Growth Pact. Combining supply- and demand-side measures, such policy action should encompass a boost to investment, a renewed commitment to appropriately sequenced structural reforms that improve productivity, growth performance, social cohesion and economic resilience in the face of shocks and the exercise of fiscal responsibility, while taking into account their employment and social impact.
Amendment 77 #
2017/0305(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) Reforms to the labour market, including the national wage-setting mechanisms, should follow national practices of social dialogue and allow the necessary opportunity for a broad consideration of socioeconomic issues, including improvements in competitiveness, productivity, job creation, life-long learning and training policies as well as real incomes.
Amendment 79 #
2017/0305(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) Member States and the Union should also address the social legacy of the economic and financial crisis and aim to build an inclusive society in which people are empowered to anticipate and manage change, and can actively participate in society and the economy, as also outlined in the Commission recommendation on the active inclusion of people excluded from the labour market6 . Inequality should be tackled, access and opportunities for all should be ensured and poverty and social exclusion (including of children) reduced, in particular by ensuring an effective functioning of labour markets and social protection systems and by removing barriers to education/ training and labour- market participation. As new economic and business models take hold in EU workplaces, employment relationships are also changing. Member States should ensure that new employment relationships maintain and strengthen Europe’s social model. Member States should consider existing potential of people with disabilities to contribute to economic growth and social development. _________________ 6 COM/2008/0639 final
Amendment 89 #
2017/0305(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) The Integrated Guidelines should form the basis for well-targeted country- specific recommendations that the Council may address to the Member States. Member States should make full use of the European Social Fund and other Union funds to foster employment, social inclusion, lifelong learning and education and to improve public administration. While the Integrated Guidelines are addressed to Member States and the Union, they should be implemented in partnership with all national, regional and local authorities, closely involving parliaments, as well as social partners and representatives of civil society.
Amendment 97 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 1 – paragraph 1
Annex I – part 1 – paragraph 1
Member States should facilitate the creation of quality, accessible jobs, including by reducing the barriers that businesses face in hiring people, by promoting entrepreneurship and self- employment and, in particular, by supporting the creation and growth of micro and small enterprises i. a. by cutting the red tapes. Member States should actively promote the social economy and foster social innovation.
Amendment 99 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 1 – paragraph 2
Annex I – part 1 – paragraph 2
Member States should encourage innovative forms of work, which create job opportunities for all in a responsible mannerin line with development of new information and communication technologies which create job opportunities for all in a responsible manner. Member States and the European Commission should promote good practices in this area.
Amendment 114 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 1
Annex I – part 2 – paragraph 1
In the context of technological, environmental and demographic change, Member States, in cooperation with social partners, should promote productivity and employability through an appropriate supply of relevant knowledge, skills and competences throughout people's working lives, responding to current and future labour market needs. Member States should make the necessary investment in both initial and continuing education and training ensuring equal access to those. They should work together with social partners, education and training providers and other stakeholders to address structural weaknesses in education and training systems, to provide quality and inclusive education, training and life-long learning. They should ensure the transfer of training entitlements during professional transitions. This should allow everyone better to anticipate and adapt to labour market needs and successfully manage transitions, thus strengthening the overall resilience of the economy to shocks.
Amendment 119 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 2
Annex I – part 2 – paragraph 2
Member States should foster equal opportunities in education and raise overall education levels, particularly for the least qualified. They should ensure quality learning outcomes, reinforce basic skills, reduce the number of young people leaving school early, enhance the labour-market relevance of tertiary degrees, improve skills monitoring and forecasting, and increase adult participation in continuing education and training. Member States should strengthen work-based learning in their vocational education and training systems, including through quality and effective apprenticeships, make skills more visible and comparable and increase opportunities for recognising and validating skills and competences acquired outside formal education and training. They should upgrade and increase the supply and take-up of flexible continuing vocational training. Member States should also support low skilled adults to maintain or develop their long term employability by boosting access to and take up of quality learning opportunities, through the establishment of Upskilling Pathways, including a skills assessment, a matching offer of education and training and the validation and recognition of the skills acquired in order to eliminate skill mismatches.
Amendment 126 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 4
Annex I – part 2 – paragraph 4
Tax reforms to shift taxes away from labour should aim to remove barriers and disincentives to participation in the labour market, in particular for those furthest away from the labour market. Member States should support an adapted work environment for people with disabilities, including targeted financial support actions and services that enable them to participate in the labour market and in society. Member States and the European Commission should promote supported employment on open labour market.
Amendment 131 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 5
Annex I – part 2 – paragraph 5
Barriers to participation and career progression should be eliminated to ensure gender equality and increased labour market participation of women, including through equal pay for equal work. The reconciliation of work and family life should be promoted, in particular through access to long-term care and affordable quality early childhood education and care. Member States should ensure that parents and other people with caring responsibilities have access to suitable family leaves and flexible working arrangements in order to balance work and private life, and promote a balanced use of these entitlements between women and men. Member States should ensure support for carers who are forced to limit or terminate their professional activity to enable the proper care of persons with disabilities.
Amendment 165 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 4
Annex I – part 4 – paragraph 4
Affordable, accessible and quality services such as childcare, out-of-school care, education, training, housing, health services and long-term care are essential for ensuring equal opportunities, including for children and young people. Particular attention should be given to fighting poverty, social exclusion, including reducing in-work poverty. Member States should ensure that everyone has access to essential services, including water, sanitation, energy, transport, financial services and digital communications. For those in need and vulnerable people, Member States should ensure access to adequate social housing assistance as well as the right to appropriate assistance and protection against forced eviction. Homelessness should be tackled specifically. The specific needs as well as potential of people with disabilities should be taken into account. For this purpose Member States should i. a. review the disability assessment systems to avoid creating barriers in access to the labour market.
Amendment 169 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 4 a (new)
Annex I – part 4 – paragraph 4 a (new)
Member States should ensure that employers hiring persons with disabilities are provided with adequate counselling. To enable people with disabilities education and employment services providing personal assistance should be promoted and supported.
Amendment 176 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 6
Annex I – part 4 – paragraph 6
In a context of increasing longevity and demographic change, Member States should secure the sustainability and adequacy of pension systems for women and men, providing equal opportunities for workers and the self-employed, of both sexes, to acquire pension rights, including through supplementary schemes to ensure living in dignity. Pension reforms should be supported by measures that extend working lives and raise the effective retirement age, such as limiting early exit from the labour market and increasing the statutory retirement age to reflect life expectancy gains. Members States should establish a constructive dialogue with the relevant stakeholders, and allow an appropriate phasing in of the reforms. Implementation of the Guidelines should be supported by Structural Funds in particular by the European Social Fund.
Amendment 70 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights.
Amendment 87 #
2017/0237(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Access to all real-time operational data and tariffs on non-discriminatory and viable terms makes rail travel more accessible to new customers and provides them with a wider range of journey possibilities and tariffs to choose from. Railway undertakings shall provide ticket vendors with their operational and tariff data in order to facilitate rail travel. Efforts should be made to allow passengers to book through-tickets and optimal single rail journeys.
Amendment 160 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 166 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 187 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 6, 10, 11 and 25, 17 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
Amendment 202 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings forming part of an end-to- end journey;
Amendment 206 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) ‘optimal single rail journey’ means the most optimal (e.g. the cheapest, fastest or most convenient) one-way rail journey between any two rail stations (both within a Member State and across internal Union borders), which may include one, two or more successive railway services and respects minimum standard connection times as provided for by official railway planners. Such a journey may comprise of more than one successive tickets or travel contracts, depending on which solution suits the passenger best.
Amendment 218 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public and shall sell tickets, through-tickets and accept reservations from customers without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union.
Amendment 226 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicyclesUnless a dedicated area is provided for the storage of bicycles, passengers shall keep them under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operationalduly justified safety reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011.
Amendment 242 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall routinely provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 243 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall routinely provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 251 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 260 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats should be clearly advertised.
Amendment 290 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Railway undertakings shall provide all ticket vendors and independent online retailers with real-time operational and tariff data on non-discriminatory and viable terms, enabling ticket vendors to show and sell optimal single rail journeys.
Amendment 327 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 364 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 250 % of the ticket price for a delay of 60 to 119 minutes,
Amendment 375 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 750 % of the ticket price for a delay of 120 minutes or more.
Amendment 437 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible;. When transport and/or accommodation is provided, it should be accessible and the needs of service animals should also be taken into account.
Amendment 443 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 454 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility; it shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 463 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an certified assistance dog in accordance with any relevant national rules at no extra cost.
Amendment 469 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20 (2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 484 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance should be free of charge.
Amendment 520 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 483 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 542 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement orbased on the actual value, or on the full costs of repair, of the wheelchair, equipment or, devices lost or damaged. , or the loss of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passenger.
Amendment 547 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnel, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 557 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employees and those who provide direct assistance to passengers with disabilities and passengers with reduced mobility receive disability-related training and that personnel attend regular refresher training courses.
Amendment 565 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requesttively encourage the participation, in the training, of employees with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.
Amendment 635 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 57 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 82 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State (‘cabotage’) should be clear, simple and easy to enforce, while broadly maicontainuing the level of liberalisation achieved so far.
Amendment 90 #
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, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced.
Amendment 147 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6
Article 6
(xi) the posting of workerssocial and labour law;
Amendment 159 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 paragraph 1
Article 6 paragraph 1
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workershe threat to the health and safety of the worker posed by the non- compliance with labour law;
Amendment 180 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
(h) the number of employees working in the company over the last calendar year;
Amendment 185 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
(i) the total assets, liabilities, equity and turnover during the last two years;a copy of the annual financial report or other documents proving financial capacity, of the kind mentioned under Article 7(2).
Amendment 228 #
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 1071/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage’;
Amendment 34 #
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 reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from homtheir place of residence are not excessively long. Drivers should also be able to choose how they take their rest.
Amendment 39 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from home. If this condition is to be fulfilled, the Member States must put sufficient investment into the construction of safe parking areas that are adapted to the needs of drivers.
Amendment 98 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.
Amendment 111 #
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 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or:
Amendment 116 #
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 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rest periods of at least 24 hours.
Amendment 120 #
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 2
Article 8 – paragraph 6 – subparagraph 2
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
Amendment 128 #
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 notmay be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;vehicle if the vehicle is properly equipped for sleeping in, and is parked in a secure and suitably equipped parking area, if possible. Otherwise, these rest periods shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities; The Commission should encourage Member States to construct safe and suitably adapted parking areas. Two years after the regulation has entered into force, the Commission should draw up a report on the quality and number of parking areas in the Member States. If the Commission finds that the quality and quantity of parking spaces meet the requirements of European international transport, it should submit proposals for relevant legislative changes concerning the possibility to rest in the cabin.
Amendment 135 #
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 – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another privateanother location chosen by the driver.
Amendment 141 #
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 homthe driver’s place of residence within each period of three consecutive weeks. Confirmation that a regular weekly rest period or a weekly rest period of more than 45 hours to compensate for a previous reduced weekly rest period in another location chosen by the driver has been taken shall take the form of a declaration by the driver. The Commission shall draw up a paradigm for this declaration.
Amendment 102 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 110 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. Checks of conformity with Directive 2002/15/EC shall be done solely at premises. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 119 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorterdifferent time limit may be mutually agreed between the Member States if justified by the nature of the request. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 137 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 156 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations are fully exempted from the scope of Directive 96/71/EC and this Directive.
Amendment 158 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. International transport operations as defined by regulations 1072/2009 and 1073/2009 are fully exempted from the scope of Directive 96/71/EC and this Directive.
Amendment 179 #
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 carricabotage 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 218 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2, a day may not be less than 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting. :
Amendment 240 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Cabotage operations falling under the scope of this Directive are excluded from rules on long-term posting referred in Article 1 of the legislative act amending Directive 96/71/EC.
Amendment 241 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Cabotage operations falling under the scope of this Directive shall be excluded from rules on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 246 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. For the purpose of transport operations covered by this Directive, Article 9 paragraph 1 and 2 of the Enforcement Directive 2014/67/EU is replaced by the following: Member States may only impose the following administrative requirements and control measures:
Amendment 259 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a postingstandardized, electronic, simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 274 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
Amendment 281 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
For the purposes of this point, the road transport operator may provide a simple declaration covering a period of a maximum of six months. The information referred to in points from (ii) to (vi) shall be updated electronically by the road transport operator in line with current factual situation.
Amendment 288 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postinga simple 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.
Amendment 304 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 315 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 323 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (ec), at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 329 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 –subparagraph 1 a (new)
Article 2 – paragraph 4 –subparagraph 1 a (new)
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 help in carrying out the check. Checks and controls of employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carried out solely at the premises.
Amendment 339 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 343 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six monthsBy ... [two years after the date of entry into force of this Directive], the Commission shall develop the standardised form of the simple declaration containing only the information as specified in paragraph 4(a) (i) to (vi).
Amendment 364 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […]... [the date when COD 2016/007 -revised Posting of Workers Directive is applicable.
Amendment 50 #
2016/2061(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that the implementation of the principle of equal pay for the same work andRecalls that in accordance with article 157 TFEU "Member States shall ensure that the principle of equal pay for male and female workers for equal work or for work of equal value is applied" and that this is crucial to reducinge pay and pension gaps and to eliminatinge the risk of poverty among women;
Amendment 82 #
2016/2061(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that all people have the right to a decent public pension, and rRecalls that the Union recognises the entitlement to social security benefits and social services which provide protection in the event of old age or dependency;
Amendment 135 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Member States to increase minimum wages as an important tool forconcentrate their efforts on eliminating the pay gap between men and women, promoting equal opportunities, increasing women's participation in the labour market and improving reconciliation of work, family and private life in order to narrowing the pension gaps;
Amendment 176 #
2016/2061(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the sustainability and security of pension schemes can be reinforced by diversifying saving sources and building a system that is based on public and private pillars and by complementing social security with tax contributions as well as introducing tax incentives;
Amendment 227 #
2016/2061(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States to invest in affordable and accessible quality care for children and other dependents as a way to support women who often have a more disrupted career than men and more often take up care responsibilities in the family.
Amendment 231 #
2016/2061(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the European Commission and on the Member states to run information campaigns and constantly improve pension literacy among women and men.
Amendment 9 #
2016/0404(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 23 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 77 #
2016/0404(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 133 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 217 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 282 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 27 #
2016/0403(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 32 #
2016/0403(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States. The application for a European services e- card should be submitted to the coordinating authority of the home Member State, where the applicant has its previous legal establishment, to be checked by that same home Member State during its assessment of the application. As in the context of Directive 2006/123/EC, in case of several places of establishment for the services concerned, the location of the provider's centre of activities relating to the particular service in question should be that place of establishment. The determination that the home Member State in relation to one or more e-cards is not where the centre of activities of its holder is located should determine the revocation of those e-cards.
Amendment 34 #
2016/0403(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) During the implementation of this Regulation, Member States should inform and update the Commission of procedures imposed under national law on incoming cross-border providers wishing to provide services temporarily or through a branch, agency or office, including the information and documents to which those procedures pertain, to allow for the preparation of application forms. In order to ensure uniform implementation concerning the necessary information to be provided for the application of the European service e- card, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council23. The application form should be based only on legitimate requirements, notification and authorization schemes in line with the Services Directive. The inclusion of data-fields in the application forms to be filled-in with relevance for national requirements, prior notification and prior authorization schemes of the host Member State is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions on Union law. __________________ 23 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)
Amendment 49 #
2016/0403(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) A single coordinating authority should be designated by each Member State to carry out the tasks provided for in this Regulation, without prejudice to the competences set out in applicable national legislation. Suchas focal points for all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers as well as sole intermediaries of all exchanges of information between competent authorities and applicants or holders of European services e-cards, without prejudice to the competences set out in applicable national legislation: assessment of applications for e-cards requests for information and decisions whether to issue an e-card or whether to suspend or revoke it should all be fulfilled in substance by the competent authorities in charge already today of controlling service providers expanding operations across-borders. Apart from the e-card applicants or holders, the coordinating authorities should remain the sole actors for the purposes of progressing the procedural workflow in the electronic platform developed for the European services e-card. Such coordinating authorities should be registered as a competent authority in the Internal Market Information system for the purposes of Regulation (EU) 1024/2012 and communicated to the Commission.
Amendment 56 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation is without prejudice to other Union acts related to social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, in particular health and safety at work and the relationship between employers and workers.
Amendment 99 #
2016/0403(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Regulation, each Member State shall designate one coordinating authority, empowered to perform the tasks assigned to them in accordance with this Regulation and Directive [ESC Directive], in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7, each Member State shall designate one coordinating authority, empowered to act as the sole intermediary of all exchanges of information between competent authorities and applicants or holders of European services e-cards, as well as the sole intermediary of all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers.
Amendment 73 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that aAccess to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33only to the extend settled by existing case law C-133/13 Dano, C-67/14 Alimanovic and C-299/14 Garcia-Nieto. OJ L 158, 30.4.2004, p. 77.
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 98 #
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 State. 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 insuredone day of insurance in that Member State.
Amendment 127 #
2016/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Family benefits intended to replace or grant additional income during child- raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.
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 178 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) LIn line with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle,should, in principle, continue to be coordinated following the rules applicable to sickness benefits, in line with the case law of the Co. However, those rules should take into account the specific naturte of Justicelong- term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 184 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
Recital 35a
(35a) Family benefits in cash intended to replace income or grant additional during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIII. (Article 1- paragraph 6)
Amendment 207 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.is replaced by the following: “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits for at least one of the risks covered by the Chapter which has to be applied, in accordance with this Regulation.”
Amendment 211 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Ppoint (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., point (ii) is replaced by the following: "(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
Amendment 216 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
(c) In Point (va)(i) after the term “, point (i) is replaced by the following: “(i) for the purposes of Title III, Chapter 1, with regard to (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted., (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind within the meaning of point (vb) of this point.”
Amendment 220 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or or in cash, the purpose of which is to address the care needs of a person who, on account of impairment, require considerables assistance from another person or persons to carry out essential daily activities, including of daily living for an extended period of time in order to support this/heir personal autonomy; this includes benefits granted to or forfor the same purpose to the person providing such assistance;
Amendment 224 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 227 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
Article 3 – paragraph 1 – point ba
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 243 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
(a) In pParagraph 2 the term “sickness benefits in cash covering treatment for an unis replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdited period” is replaced by the term “y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term care benefits in cash”. paid to the person in need of care.”
Amendment 258 #
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. 1person sent previously by this employer within the meaning of this Article.
Amendment 278 #
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
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..
Amendment 283 #
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)
2a. Where an employed person covered by paragraph 1 does not complete the task or activity foreseen in the contract and is replaced by the same employer by another sent person to complete the work, the person replacing the previously sent person shall continue to be subject to the legislation of the Member State from which he/ she is sent provided that the total duration of work of that person does not exceed 24 months.
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 302 #
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
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 306 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14 c. Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation.< 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)benefit.” Or. en
Amendment 308 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 20 – title
Article 20 – title
14d. In Article 20, the title is replaced by the following: “Travel with the purpose of receiving benefits in kind -— Authorisation to receive appropriate treatment and long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 310 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 e (new)
Article 1 – paragraph 1 – point 14 e (new)
14e. In Article 20, paragraph 2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time- limit which is medically justifiable, taking into account his or her current state of health and the probable course of his illness. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)or her illness or within a time limit which is justifiable, taking into account his or her current state of need of long-term care and the probable course of his or her need of long-term care.” Or. en
Amendment 311 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 g (new)
Article 1 – paragraph 1 – point 14 g (new)
Regulation (EC) No 883/2004
Article 25
Article 25
14g. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the Institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her Family would be entitled to such benefits if they resided in that Member State. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 313 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 i (new)
Article 1 – paragraph 1 – point 14 i (new)
Regulation (EC) No 883/2004
Article 27 – title
Article 27 – title
14i. In Article 27, the title is replaced by the following: “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment or long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 314 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 j (new)
Article 1 – paragraph 1 – point 14 j (new)
Regulation (EC) No 883/2004
Article 27 – paragraph 2
Article 27 – paragraph 2
14j. In Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 316 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. A frontier worker who retires4l. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who retires because of old-age or invalidity is entitled in casethe event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his or her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State. The term" "continuation of treatment" means the continued investigation, diagnosis and treatment of an illness for its entire duration. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The term "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.” Or. en
Amendment 321 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 m (new)
Article 1 – paragraph 1 – point 14 m (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14m. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, maternity and equivalent paternity and long-term care benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity and long-term care benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 327 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 883/2004
Article 32 – paragraph 3 – point a – point i
Article 32 – paragraph 3 – point a – point i
(i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Amendment 329 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
Amendment 332 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
Article 34
Amendment 337 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of theose benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 339 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 341 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 3 c (new)
Article 34 – paragraph 3 c (new)
Amendment 342 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 351 #
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
Article 61
Amendment 356 #
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 beThe competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the person concerned having most recently completed a period of at least three monthcompletion of either periods of insurance, employment or self- employment shall, to the extent necessary, take into account periods of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, where, under the applicable legislation, the right to benefits is conditional on the completion of periods of insurance, the periods completed under the legislation of another Member State shall be taken into account only if those periods would qualify for the purposes of establishing entitlement to unemployment benefits in the Member State under whose legislation they were completed. Or. en
Amendment 360 #
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 monthsone day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 367 #
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, employment or self- employmentExcept in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed: – periods of insurance of at least one day, inf 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. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)legislation requires periods of insurance, – periods of employment of at least one day, if that legislation requires periods of employment, or – periods of self-employment of at least one day, if that legislation requires periods of self-employment. Or. en
Amendment 405 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Article 64a
Amendment 449 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace or grand additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation. (Article 1- paragraph 23)
Amendment 512 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 514 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e b (new)
Article 1 – paragraph 2 – point e b (new)
(eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
Amendment 515 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to providetransmit personal data about that person. within the meaning of Regulation (EU) 2016/679. The request and any response shall concern information which enables the competent Member State to identify any inaccuracyconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be madetransmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case, but the information shall be required in accordance with the legislation applicable to the competent institution. The request for information and any response must be necessary and proportionate.
Amendment 522 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid ifWhere not all sections indicated as compulsory are filled in, the receiving institution shall without delay notify the issuing institution, which should take the appropriate action.
Amendment 525 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where there is doubt about the validity of a document or the accuracy of the facts on which they are based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document, clearly stating the grounds and presenting all the supporting evidence of doubt.
Amendment 526 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working day shall inform the competent institutions of the Member States concerned of the result within three months from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institutionrmination that the applicable law was incorrectly certified, the certificate shall be withdrawn or rectify the document immediately and with retroactive effectied, whereby the legislation applicable in the issuing Member State shall be complied with. This shall also be applied to previous periods.
Amendment 527 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point a
Article 5– paragraph 2 – point a
(a) When receiving such aa reasoned request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
Amendment 532 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point b
Article 5– paragraph 2 – point b
(b) If the issuing institution, having reconsidered the grounds for issuing the document is unable todoes not detect any error it shall forward to the requesting institution all supporting evidence within 25 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicatedproven in the request, thise validity of the document shall be dconefirmed within two working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above.
Amendment 535 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) 987/2009
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above.and the requesting institution and the issuing institution are not able to come to an agreement, they shall make use of the dialogue and conciliation procedure set out in Decision No A11a. . __________________ 1a. Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (OJ C 106, 24.4.2010, p. 5).
Amendment 539 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)
Article 2 – paragraph 1 – point 7 (new)
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point c a new
Article 5– paragraph 2 – point c a new
(ca) Forwarding the supporting evidence shall not lead to disclosure of company's secrets or violate the protection of personal data.
Amendment 553 #
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 is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52OJ L 018 , 21.01.1997 p. 1.
Amendment 561 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a (new)
Article 2 – paragraph 1 – point 8 – point a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Once a person has been sent in accordance with Article 12(1) of the basic Regulation or pursues an activity as a self-employed person in another Member State in accordance with Article 12(2) of the basic Regulation for a total of 24 months, either continuously or with interruptions of not longer than two months, no new period under Article 12(1) or (2) for the same employed or self- employed person in the same Member State shall start until at least two months have elapsed from the end of the previous period. Undertakings may derogate from the first subparagraph in specific circumstances.”
Amendment 570 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Regulation (EC) No 987/2009
Article 14 – paragraph 5a
Article 14 – paragraph 5a
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking performs a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.. In determining the location of the "registered office or place of business" the following factors shall be taken into account in an overall assessment: (a) the place of residence of the main directors; (b) the places where general meetings are held; (c) the place where administrative and accounting documents are kept; (d) the place where financial and particularly transactions mainly take place; (e) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment giving due eight to each of the criteria mentioned above.
Amendment 575 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point c
Article 2 – paragraph 1 – point 8 – point c
Regulation (EC) No 987/2009
Article 14 – paragraph 12
Article 14 – paragraph 12
12. If a person who resides outside the territory of the Union pursues his activities as an employed or self-employed person in two or more Member States and if this person, by virtue of the national legislation of one of those Member States, is subject to the legislation of that State, the provisions of the basic Regulation and the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis subject to the proviso that his or her residence shall be deemed to be in the Member State where the registered office or place of business of the undertaking or his or her employer or the centre of interest of his or her activities as self-employed person is located..
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 587 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 987/2009
Article 19 – paragraph 2
Article 19 – paragraph 2
10a. In Article 19, paragraph 2 is replaced by the following: "2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. As of 1 July 2019, at the latest, such an attestation shall be made solely in the form of the Structured Electronic Document referred to in point (d) of Article 1(2) of the implementing Regulation and using the Electronic Exchange of Social Security Information — EESSI referred to in the third subparagraph of Article 95(1) of the implementing Regulation. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1515592051048&uri=CELEX:02009R0987-20170411)
Amendment 594 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20a – paragraph 1 – introductory part
Article 20a – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt implementing acts specifying the procedure to be followed in order to ensure uniform conditions for the application of Articles 12 and 13 of the basic Regulation. Those acts shall establish a standard procedure includingfor the issuing institution with regard to time limits for:
Amendment 611 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Regulation (EC) No 987/2009
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 616 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 619 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 621 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 c (new)
Article 2 – paragraph 1 – point 15 c (new)
Regulation (EC) No 987/2009
Article 26
Article 26
15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of healthneed of long-term care and the probable course of illnessneed of long- term care of the person concerned. The competent institution shall inform the institution of the place of residence of its decision. In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution. 3. If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence. The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment. 4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or, in the case of the need for long-term care, by a doctor or another expert of its own choice in the Member State of stay or residence. 5. The institution of the place of stay shall, without prejudice to any decision regarding authorisation, inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured persor appropriate taking into account the current state of need for long-term care to supplement the treatment or long-term care covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured person 6. Without prejudice to paragraph 7, Article 25(4) and (5) of the implementing Regulation shall apply mutatis mutandis. 7. If the insured person has actually borne all or part of the costs for the authorised medical treatment or long-term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 (actual cost) are lower than the costs which it would have had to assume for the same treatment or long-term care in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment or long-term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost. The reimbursed sum may not, however, exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long-term care had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment or long-term care 8. Where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long-term care of the insured person, such costs for the person concerned and, if necessary, for a person who must accompany him/her, shall be assumed by this institution when an authorisation is granted in the case of treatment or long- term care in another Member State. D. Family members 9. Paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 623 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Regulation (EC) No 987/2009
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 626 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EC) No 987/2009
Article 31 – title and paragraphs 1 and 2
Article 31 – title and paragraphs 1 and 2
Amendment 632 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 637 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
Amendment 640 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
Article 55a
Amendment 646 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
Title VI – Chapter I – title
Amendment 648 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
Regulation (EC) No 987/2009
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
Amendment 649 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 66 – paragraph 2
Article 66 – paragraph 2
26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and Article 41 of the basic Regulation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. " Or. en 20170411&from=EN)
Amendment 650 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 1
Article 67 – paragraph 1
26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met, where possible, within one month, and in any event within six months, of the claim. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 651 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 c (new)
Article 2 – paragraph 1 – point 26 c (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 652 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 e (new)
Article 2 – paragraph 1 – point 26 e (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 654 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 f (new)
Article 2 – paragraph 1 – point 26 f (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within sixnine months following the month in which the matter was referred to it. The Audit Board shall receive the request no later than nine months after expiry of the period set out in paragraph 6. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 656 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 g (new)
Article 2 – paragraph 1 – point 26 g (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
Article 68 – paragraph 2
26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0987)
Amendment 660 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest threesix months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which unduly paid cash benefits shall draw up a statement of the amount paid and shall send it to the institution identified as being competent for the purpose of their reimbursement.
Amendment 661 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 3 – subparagraph 3
Article 73 – paragraph 3 – subparagraph 3
If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned. in accordance with national law.
Amendment 662 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 4
Article 73 – paragraph 4
4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Amendment 682 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85 a – paragraph 1 – introductory part
Article 85 a – paragraph 1 – introductory part
1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party resulting from existing national law or practice, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 685 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
Regulation (EC) No 987/2009
Article 86
Article 86
39a. Article 86 is replaced by the following: "Article 86 Review clause 1. No later than the fourth full calendarwo years after the entry into force of the implementing Regulationexpiry of the transitional period referred to in Article 95, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way. 2. No later than the date referred to in paragraph 1, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to simplifying those rules, if possible. 3. Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV ofThe report shall include a review of when settlement on the basis of fixed amounts, as referred to in Section 2 of Chapter I of Title IV, can be deleted. On the basis of this report, the Commission may, as appropriate, submit proposals to shorten those timplementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation. In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced. e limits as well as a proposal to delete Section 2 of Chapter I of Title IV. " No later than 1 May 2015, the Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 687 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40 – point b
Article 2 – paragraph 1 – point 40 – point b
Regulation (EC) No 987/2009
Article 87 – paragraph 6
Article 87 – paragraph 6
However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
Amendment 696 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
Amendment 21 #
2016/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should therefore provide for mandatory exceptions to the rights that are harmonised by Union law and are relevant for the uses and works covered by the Marrakesh Treaty. These include in particular the rights of reproduction, communication to the public, making available, distribution and lending, as provided for in Directive 2001/29/EC, Directive 2006/115/EC, and Directive 2009/24/EC, as well as the corresponding rights in Directive 96/9/EC. As the scope of exceptions and limitations required by the Marrakesh Treaty also includes works in audio form, like audiobooks, it is necessary that these exceptions also apply to related rights. The exercise of the exceptions provided for by this Directive is without prejudice to exceptions for persons with disabilities provided for by the Member States on the basis of point (b) of Article 5(3).
Amendment 74 #
2016/0278(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
By [date], Member States shall provide the Commission, on the basis of the information at their disposal, with a list of authorised entities established in their territories. Member States shall notify any changes to that list to the Commission without undue delay. The Commission shall publish that information and keep it up to date.
Amendment 42 #
2016/0070(COD)
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..
Amendment 43 #
2016/0070(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 51 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 65 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 111 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months andshall ensure that undertakings posting workers to their territory guarantee the posted workers additional rights, beside the terms and condition of employment to which they are entitled according to paragraph 1. This should apply from the first day subsequent to the 24 months when it effectively exceeds this duration, unless two Member States concerned agree on derogation. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I RegulationIn order to take into account characteristics of various sectors, the 24 months should be calculated within the reference period of 36 months. For the purpose of calculating the posting period the concept of "the same task at the same place" is also clearly defined and should be determined taking also into consideration the nature of the service provided and the work to be performed.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
Amendment 141 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 158 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 190 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 204 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 230 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers’ rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 258 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."
Amendment 289 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting of an individual worker exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried ouensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down by: – law, regulation or administrative provision, and/ or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to work periods and rest periods, in addition to paragraph 1(a); (b) other mandatory rules relating to leave and holidays, in addition to paragraph 1(b); (c) other mandatory rules in addition to paragraph 1 (c); (d) rules on parental and paternal leave. The duration of posting of an individual worker shall be calculated within the reference period of 36 months, with a possibility to refrain from the application of paragraph 1 following an agreement with regards to concrete cases between competent authorities from the two Member States concerned. When a period of two months has elapsed from the date of expiry of the previous posting period, the calculation shall restart.
Amendment 323 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workerscalculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker 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 365 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 392 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 412 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 420 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 b (new)
Article 3 – paragraph 1 – subparagraph 2 b (new)
Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 c (new)
Article 3 – paragraph 1 – subparagraph 2 c (new)
Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 425 #
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 in accordance with point (c)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 444 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
Amendment 453 #
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 21 #
2015/2330(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- - Having regard to the Commission's Recommendation on the active inclusion of people excluded from the labour market (October 2008),
Amendment 25 #
2015/2330(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- - Having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 28 #
2015/2330(INI)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- - Having regard to the UN Committee on the Rights of Persons with Disabilities' Concluding Observations on the initial report of the European Union (September 2015),
Amendment 88 #
2015/2330(INI)
Motion for a resolution
Recital F
Recital F
F. whereas one of the five Europe 2020 targets aims at reducing by at least 20 million the number of people in or at risk of poverty and social exclusion; whereas almost 123 million people in the EU are in this situation; whereas in 2013 26.5 million children in the EU28 were at risk of falling into poverty or social exclusion; whereas in 2012 32.2 million persons with disabilities over 16 years are in this situation;
Amendment 139 #
2015/2330(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that good and qualityquality and inclusive jobs constitute an essential pillar for social fairness, promoting human dignity for all; believes that in this sense employment and growth must be placed at the centre of EU policies, especially for youth, as a way to construct a more sustainable social European Union;
Amendment 155 #
2015/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to foster, at Member State level, forms of cooperation involving governments, enterprises, educational institutions , individualised support services and social partners, with a view to adapting Member States’' education and training systems to the needs of the labour marketsupport access to and retention of employment in the open labour market for all people in Europe;
Amendment 248 #
2015/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to gradually shift taxes from labour to other sources, and to implement tax rules that foster incentives to entrepreneurship and employment creation, especially for highly qualified young people, in order to boost research and innovation projects within European enterprises;
Amendment 279 #
2015/2330(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need to promote sustainable growth leading to the creation of more and better jobs and tangible prospects for all, young people in particular, in order to respond to the internal and external challenges facing the EU;
Amendment 296 #
2015/2330(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that enterprises in the social economy, including social services face as many difficulties as traditional enterprises in obtaining public or private financing; underlines the need to give them more support, especially as regards access to the different forms of financing, such as European funds; calls on the Commission to support investment into the social economy;
Amendment 312 #
2015/2330(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that investment priorities must be oriented to infrastructurale and human capital development projects where these are clearly needed in order to ensure social fairness or enhance sustainable growth; calls on the Commission to require both a prior presentation of the expected social and economic outcomes of any EU-funded investment project and its subsequent monitoring and evaluation;
Amendment 349 #
2015/2330(INI)
Motion for a resolution
Subheading 5
Subheading 5
Social inclusion as a challengen opportunity for society
Amendment 377 #
2015/2330(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out to the Member States, in view of the ageing of Europe’'s citizens, the social risk implied in not being able to guarantee the sustainability and effectiveness of social security systems over the coming decades;
Amendment 402 #
2015/2330(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. WelcomesCalls on the Commission recommendatioto develop a plan on how the eEuro area, which consolidates the joint analysis and definition of strategies of the social and economic dimensions of Member States under EMU, stressing the need for these criteria to be reconciled;pean Semester could be used to implement the principles of the UN Convention on the Rights of Persons with Disabilities; in particular by assessing access to quality community- based services for all people in Europe.
Amendment 418 #
2015/2330(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the fact that the Commission has clearly distinguished a European and a national phase with regard to the European Semester; stresses the need for closer coordination between the European institutions in the design, implementation and evaluation of the European strategy for growth; calls on the Commission to establish a clear agenda in this respect, also involving the social partners and civil society and the national parliaments;
Amendment 8 #
2015/2258(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the CRPD is the first international human rights treaty ratified by the EU, which has also been signed by all 28 EU Member States and ratified by 25 Member States excluding Finland, Ireland and the Netherlands;
Amendment 10 #
2015/2258(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 14 #
2015/2258(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas children with disabilities have the rights to live in (their) families or family environment in line with their best interest;
Amendment 15 #
2015/2258(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas children with disabilities are 17 times more likely to live in an institution than their peers without disabilities, where their risk of violence, neglect and abuse is much higher than when living at home;1a __________________ 1aFRA Report: Violence against children with disabilities: legislation, policies and programmes in the EU, http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-violence-against- children-with-disabilities_en.pdf
Amendment 17 #
2015/2258(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Amendment 18 #
2015/2258(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas disability is a cause and consequence of poverty and approximately 30% of the homeless population have a disability and are at risk to be overlooked;1a __________________ 1aVan Straaten et al (2015). Self-reported care needs of Dutch homeless people with and without a suspected intellectual disability: a 1.5-year follow-up study, In: Health Soc Care Community 2015 Oct 1. Epub 2015 Oct 1.
Amendment 19 #
2015/2258(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas an estimated 80% of persons with disabilities live in developing countries;1a __________________ 1a World Report on Disability, 2011.
Amendment 20 #
2015/2258(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas the EU supports the promotion of the rights of persons with disabilities at the international level, and is the world’s biggest donor of Official Development Assistance (ODA);
Amendment 25 #
2015/2258(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas disability can be caused by a gradual and sometimes invisible degradation of the state of health of an individual, as is the case for people with neurodegenerative or rare diseases; 2Or. en
Amendment 28 #
2015/2258(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the EU, as a party to the CRPD, has the duty to ensure the close involvement and active participation of persons with disabilities and their representative organisations in the development and implementation of legislation and policies to implement the Convention and in all decision making processes concerning issues that relate to persons with disabilities;
Amendment 42 #
2015/2258(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and funding programmes, including future programming periods, with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’);
Amendment 49 #
2015/2258(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission to proposevide a list of legislation with a view to proposing an update of the declaration of competence in light of the Concluding Observations, to be repeated periodically with the formal involvement of disability organisations and the European Parliament;
Amendment 53 #
2015/2258(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to set up a structured dialogue with disabilityconsolidate and make a proposal for a structured dialogue between the EU and disability organisations including appropriate funding to ensure full and equal participation by persons with disabilities and their representative organisations;
Amendment 58 #
2015/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to use the review of the European Disability Strategy and to develop a comprehensive EU CRPD strategy with a clear implementation timeframe, benchmarks and indicators;
Amendment 91 #
2015/2258(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and the Commission to work with Parliament to deliver a strongclear and effective directive on the accessibility of public sector bodies’ websites, with a broad scope and a robust enforcement mechanism in line with the proposed European Accessibility Act;
Amendment 109 #
2015/2258(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the Employment Eq2uality Directive does not explicitly make the denial of reasonable accommodation for persons with disabilities a form of discrimination; asks the Commission to provide a state of play on the kinds of complaints received;
Amendment 136 #
2015/2258(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the ex-ante conditionalities on social inclusion and its investment priority on the ‘transition from institutional to community based services’ in Regulation 1303/2013 on the European Structural and Investment Funds (ESIF); calls on the Member States to use the funds for deinstitutionalisation and as a tool to implement the CRPD;
Amendment 151 #
2015/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of human rights-based indicators and calls on the Member States to provide comparable disaggregated disability data;
Amendment 160 #
2015/2258(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commissionbudget authorities to allocate adequate resources to enable the EU Framework to perform its functions independently;
Amendment 166 #
2015/2258(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the institutions to review allensure existing staff regulations, internal rules and implementing provisions for CRPD compatibility are fully implemented in line with the CRPD and internal rules and implementing provisions are developed fully applying CRPD provisions, as part of an open and disability-inclusive process, in order to address the Concluding Observations;
Amendment 168 #
2015/2258(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the provision of adequate needs-based and CRPD-compatible reasonable accommodation for persons with disabilities – or with dependent family members with disabilities – who are in the service of the European institutions, paying particular attention to the needs of disabled parents;
Amendment 180 #
2015/2258(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Urges the EU institutions to make their internet-based content and apps, including their intranets and all documents and audiovisual content, accessible while equally ensuring physical accessibility of their buildings;
Amendment 183 #
2015/2258(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for the EU to revise the rules of the Joint Sickness Insurance Scheme, the pension system and disability-related social security and social protection measures in order to ensure non- discrimination and equality of opportunities for persons with disabilities, inter alia by recognising disability-related health needs as being distinct from an illness;
Amendment 78 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion and stigmatise cases of legal competitiveness based on lower labour costs;
Amendment 85 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas undefined terms in the EU acts favour arbitrary interpretation which may lead to different national solutions, aimed at fighting the abuses but contrary to fundamental freedoms of the single market;
Amendment 89 #
2015/2255(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. having regard to the balance between social and economic rights stipulated in the Treaty and confirmed by the European Court of Justice in its several judgements (Laval und Partneri (C- 341/05), Rüffert (C-346/06), Luxembourg (C-319/06), proving that the exercise of certain rights constituting a restriction to the basic freedoms of movement cannot always be justified with regard to the objective of protecting workers;
Amendment 261 #
2015/2255(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings that endangers the life or health of workers;
Amendment 463 #
2015/2255(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on a stronger cooperation of the national transport agencies;
Amendment 19 #
2015/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the absence of a more recognisable branding for CLLD and ITI and encourages the Commission and the Member States to make both tools as visible and understandable as possible for their users, while avoiding any additional bureaucratic burden and making further efforts in simplifying rules and procedures;
Amendment 23 #
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 and points out that CLLD and ITI will only achieve success with the commitment and ownership of all the stakeholders involved; calls on the Commission to establish a coordination unit for effective implementation of CLLD and ITI;
Amendment 35 #
2015/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential of the bottom-up approach of CLLD in creating job opportunities and encouraging sustainable rural development, and would welcomes the inclusion of urban areas in this mechanism;
Amendment 43 #
2015/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission, in view of the limited use of the European Social Fund within the method in question andfact that only 13 Member States has set- up CLLD funding schemes for the European Social Fund and given the absence of a centralised managing authority in most Member States, to use the mid-term review of the MFF to address the difficulties that have already been identified in the application of the instruments and to find sustainable solutions;
Amendment 33 #
2015/2116(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the current refugee crisis is used by extremists to proliferate a negative attitude towards ethnic and religious minorities across the Member States, which undermines core values of the EU;
Amendment 46 #
2015/2116(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the employment rate of women with disabilities in the EU (44%) is significantly lower compared to the employment rate of men with disabilities (52%);
Amendment 50 #
2015/2116(INI)
Motion for a resolution
Recital J
Recital J
J. whereas only half of the people between 55 and 65 are in employment, and long- underlines the fact that the female employment rate in this age group in some Member States is around or less than 30%, and the gender employment gap is the highest - 14,5 pps compared to the gap for the middle age group (30-54 years old)- 12.4 pps and the young group (20-29 years old) - 8.3 pps1a , takes the view that long-term unemployment is particularly prevalent among younger and older employees;, especially women; __________________ 1a Source: Eurostat, LFS, 2012
Amendment 66 #
2015/2116(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that according to the EU Agency of Fundamental Rights all forms of discrimination, including multiple and intersection discrimination, to a great extent hinder the deployment of human capital and constitutes a barrier in career development; underlines the fact that people with disabilities are often victims of those types of discrimination;
Amendment 68 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that the protection against discrimination on the grounds of religion and belief in the European Union is currently provided in both human rights law and anti-discrimination law and these two are mutually influencing each other;
Amendment 98 #
2015/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member States to interpret the EU law in such as way as to provide a basis for a wide concept of disability, following the definition from the UN Convention on the Rights of Persons with Disabilities, and combining those elements that are advantageous for disabled persons, and regrets that some Member States still have legislation in place that require a threshold of 50 % of incapacity and official medical certification17 ; __________________ 17 Ibid.
Amendment 115 #
2015/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that all Member States offer grants or subsidies to employers providing reasonable accommodation, thereby incentivising employers to adapt the workplace in order to hireso that people with disabilities can have access to an open labour market;
Amendment 122 #
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; underlines the importance of promotion and the inclusion of the principles of universal design into the Members States national laws regarding design for the workplace and public space, calls on Member States to respect EU commitments on accessibility, welcomes therefore the progress in works on the European Accessibility Act;
Amendment 155 #
2015/2116(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of having elderly in the workplace who can pass on their knowledge and experience to younger workers, and regrets the fact that age is the first grounds for employment discrimination;
Amendment 220 #
2015/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 270 #
2015/2116(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that pursuing court cases, and ensuring adequate representation, is still problematic in some cases22 , and urges the Member States to find ways to help victims in this regard, including by means of tax exemptions, legal aid and assistance from specialised NGOs, etc., and by ensuring legal redress and adequate representation; __________________ 22 EPRS, op. cit.
Amendment 287 #
2015/2116(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on employers to create anti- discriminatory working environments for their employees through respecting and implementing the existing anti- discrimination directives based on the principle of equal treatment regardless of sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation; calls on the Commission to monitor the implementation of the related measures;
Amendment 84 #
2015/2103(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. an answer must be found to the question of which areas might see restrictions or a ban on total automation in order to safeguard employment levels, taking into account demographic changes and sustainability and any unintended social consequencesn how to safeguard employment levels challenged by growing automation.
Amendment 3 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Commission has adopCommission's efforts to created an ambitious European migration agenda; and urges the European Council to show the samea high level of ambition and to support the Commission by deedstay united in order to come up with timely and strong responses towards the migration crisis;
Amendment 28 #
2015/2095(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Member States to exchange good practice on how to integrate refugees into European society and labour market; calls on the Commission to take advantage of Member States' experiences and come up with a set of recommendations on how to complete this process in an effective way;
Amendment 32 #
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 refugeeswhen designing integration policies in the EU in order to ensure that ithis process will not worsen the social and economic situation for refugees’ home territoriin host Member States and their populations;
Amendment 70 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to carefully screen their education systems in order to identify ways on how to integrate refugees’ children as soon as possible into the education process;
Amendment 95 #
2015/2095(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to duly take into account non- governmental organisations and other relevant stakeholders when designing integration strategies as well as information campaigns addressed to local communities;
Amendment 98 #
2015/2095(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on Member States to prepare local societies to welcome refugees and their families via well prepared information campaigns;
Amendment 78 #
2015/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesPoints out that regardless of 2 million unfilled vacancies in the EU there are many over-qualified youth unemployed whose skills do not match demand of the labour market, stresses therefore, the need to build up partnerships between local authorities, education and employment services and the business community to support the creation, implementation and monitoring of employment strategies and action plans; calls for closer and structural co-operation between education, public administration, business and civil society, especially youth organisations;
Amendment 82 #
2015/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to build up partnerships between local authorities, education and employment services and the business community to support the creation, implementation and monitoring of employment strategies and action plans; calls for closer and structural co-operation between education, public administration, business and civil society, especially youth organisations;
Amendment 95 #
2015/2088(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of administrative capacity; calls thereforefor the strengthening of the partnership principle as well as for the provision of appropriate training for local and regional authorities as well as other relevant stakeholders in order to use European funds more effectively and strategically;
Amendment 130 #
2015/2088(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that entrepreneurial skills can be acquired also through skills development programmes organised outside of the general education system and that these programmes may include coaching and mentoring activities supplied by experienced trainers, entrepreneurs and business experts that facilitate not only valuable business know-how, advice and feedback to potential entrepreneurs but also allow them to develop valuable network of contacts with existing enterprises and entrepreneurs that could otherwise take very long time to achieve;
Amendment 146 #
2015/2088(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that employers and entrepreneurs play a great role in training in the workplace as well as providing apprenticeships and that this should be further supported and developed;
Amendment 166 #
2015/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that good quality educational guidancetailor- made guidance and support at all stages of education is necessary and can lower the risk of early school-leaving as well as help to overcome difficulties in accessing the labour market;
Amendment 170 #
2015/2088(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of regular monitoring of the future skills needs' and encourages therefore Member States and all relevant stakeholders to share good practice in this regard and further develop monitoring and forecasting tools;
Amendment 205 #
2015/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for enhanced cooperation between education institutions (both on vocational and higher level) and entrepreneurs in developing curricula adjusted to the labour market needs;
Amendment 209 #
2015/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the importance of developing digital skills and media literacy from the earliest stage at school and going through the whole education cycle;
Amendment 230 #
2015/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the recent decision by EU co-legislators on increasing pre-financing for the Youth Employment Initiative, which aims to smooth the implementation of this important initiative for regions and states facing financial difficulties; calls Member States and local and regional authorities to use the available funds for bringing forward the necessary structural reforms and creating sustainable instead of only ad hoc solutions;
Amendment 235 #
2015/2088(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that, despite high youth unemployment rates in some Member States and unfilled job vacancies in others, intra-EU labour mobility remains low; recalls therefore the importance of the mobility of workers for a competitive labour market, and stresses the need to reduce the linguistic and cultural barriers that are liable to restrain it by providing sector-specific language courses and trainings on intercultural communication for the unemployed;
Amendment 243 #
2015/2088(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that skills development should also be considered as a mechanism leading to equal opportunities for people from disadvantaged groups, in particular for children and young people from families affected by poverty, the long-term unemployed, including second-generation unemployed, immigrants and people with disabilities; stresses that prevention as well as life- long support and counselling at anfrom the earlyiest stage possible are of the outmost importance, because although enabling people who are at a disadvantage to develop skills and to enter the labour market requires time and resources it is also socially and economically profitable; also stresses the need to provide support and skills development via training for employers, recruiters and human resources managers to support the inclusion of disadvantaged groups into the labour markets;
Amendment 257 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services and build environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 262 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selecwhich enable all people to fully use the products and services and infrastructure covered by this directive. Accessibility requirements should be introduced in the least burdensome manner for the economic operators and the Member Stateds.
Amendment 272 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cCommon accessibility requirements of the built environment would facilitateare essential for the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 305 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services and infrastructure;
Amendment 344 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following sSelf-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 354 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Air, bus, rail and waterborne passenger transport infrastructure, services, the websites, the mobile device- based services, smart ticketing and real- time information and Self-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Sections V and X of Annex I.
Amendment 424 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) easily accessible provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
Amendment 296 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) investments with high socio- economic returns, supporting long- term growth and employment creation;
Amendment 52 #
2014/2237(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas decent, well-paid work for at least one parent constitutes the main factor protecting families from the threat of poverty;
Amendment 72 #
2014/2237(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas pre-school education may play a significant role in compensating for the low socio-economic status of children at threat of poverty and constitute a factor facilitating parents’ return to the labour market 1a; 1 a European Commission report entitled ‘Study regarding funds for implementing policy regarding child poverty’ 2008, p. 9
Amendment 100 #
2014/2237(INI)
Motion for a resolution
Recital J
Recital J
J. Whereas all children have the right to be protected from abuse, violence and neglect and that research has concluded that financial pressures within families and cuts in public services put children at greater risk; whereas so-called austerity measures are leading to greater violence against children ;
Amendment 131 #
2014/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recommends that Member States increase the quantity, amounts, scope and effectiveness of the social support specifically directed to children, but also to parents (such as unemployment benefits) and to promote labour laws that guarantee social rights and security to families and fight precarious employment;
Amendment 159 #
2014/2237(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 191 #
2014/2237(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the European Commission and the European Parliament to take the opportunity provided by the mid-term review of the multiannual financial framework to increase the appropriations frommake better use of the European Social Fund and the Food Aid Program forund for European Aid to the mMost dDeprived groups and to check if children are a priority in the programming and implementation of regional and cohesion policies;
Amendment 228 #
2014/2237(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recommends that Member States move away from institutional care in favour of stable foster care systems which better prepare children and young people for an independent life, continued learning or work;
Amendment 232 #
2014/2237(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Urges Member States to conduct policies facilitating the creation and maintenance of decent workplaces as well as developing systems for training, increasing qualifications and amenities such as teleworking or flexitime facilitating parents’ entry or return to the labour market following a break in their professional career;
Amendment 240 #
2014/2237(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that Member States guarantee all children access to free, quality public education at all ages, including early childhood, particularly taking into account education for developing key skills, including enterprise, and establish appropriate teacher-student ratios;
Amendment 245 #
2014/2237(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges Member States to increase the quality of educational services offered by applying an individual approach and promoting cooperation among teachers, social workers and parents in order to prevent children and young persons from ceasing their education;
Amendment 248 #
2014/2237(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Urges Member States to provide universal and equal access to crèches and pre-schools to children from all social groups;
Amendment 253 #
2014/2237(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that Member States provide freeuniversal access to school materials and school transportation during school hours, as well as access to meals in educational establishments;
Amendment 262 #
2014/2237(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges Member States to guarantee universal, public, free and quality access to health care with regard to prevention and primary care, access to diagnosis, treatment and rehabilitation, guaranteeing women the right to sexual and reproductive health by ensuring health care for babies, maternity care in the pre- and post-natal care period, particularly in the case of premature birth, access to family doctors, dentists and mental health specialists for all children, and integrate these aspects into national and the EU public health strategies;;
Amendment 283 #
2014/2237(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States, particularly those where social inequalities are greater, to strengthen the effectiveness of the social rights that the state must guarantee, increasing the number of employees and technicians in social security services, and increasing the medical, psychological and social care of by directing them well at those most in need, in particular at children;
Amendment 247 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) to support smooth transition from education to work in the Union labour market.
Amendment 335 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration with stakeholders such as career guidance services, universities, chambers of commerce, organisations representing vulnerable groups on the labour market such as woman, people with disabilities, elderly people, migrants and organisations involved in apprenticeships and traineeships schemes.
Amendment 336 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration with stakeholders such as career guidance services, universities, chambers of commerce, organisations representing vulnerable groups on the labour market such as women, people with disabilities, elderly people, migrants and organisations involved in apprenticeships and traineeships schemes.
Amendment 400 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Applicant organisations can choose to participate in the EURES network according toby means of the following options:
Amendment 401 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) to contributeing to the pool of job vacancies in accordance with Article 14(1), paragraph (a);
Amendment 404 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) to contributeing to the pool of job applications and CV’s in accordance with Article 14(1), paragraph (b);
Amendment 407 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) to provideing support services to workers and employers in accordance with Chapter IV or.
Amendment 409 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 699 #
2014/0002(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 14(1) to (7) shall apply from … [two years after the date of entry into force].