Activities of Dennis RADTKE
Plenary speeches (3)
The crisis facing the EU’s automotive industry, potential plant closures and the need to enhance competitiveness and maintain jobs in Europe (debate)
World Mental Health Day - need for a comprehensive EU strategy on mental health (debate)
Tackling the steel crisis: boosting competitive and sustainable European steel and maintaining quality jobs (debate)
Written questions (2)
Impact of climate policy on the employment rate in the mobility sector
Access to justice for European Works Council – Verizon Ireland case
Amendments (679)
Amendment 5 #
2024/0599(NLE)
Recital 4
(4) In order to enhance economic and social progress and upward convergence, support the green and digital transitions, strengthen the Union industrial base and achieve inclusive, competitive and resilient labour markets in the Union, Member States should address labour and skills shortages and promote quality and inclusive education and training, with a particular focus on improving basic skills, especially among disadvantaged students, and on STEM (science, technology, enginerering and mathematiscs) in school and higher education, future-oriented vocational education and training, and lifelong upskilling and reskilling, as well as effective active labour market policies and improved working conditions and career opportunities. Member States should take prevention and prompt intervention measures to reduce early school leaving, with a particular focus on students at risk. Such measures will include psychological support, mentoring, career guidance and extracurricular activities to foster students' interest and participation, to ensure inclusive and quality education for all. This is of particular relevance for the less developed, remote and outermost regions of the EU, where the needs are the greatest. Shortages can be further addressed by improving fair intra- EU mobility, as well as among regions within the same Member State, for workers and learners and attracting talent from outside the EU. In addition, the links between the education and training systems and the labour market should be strengthenedWithin this context, special attention to NEETs, namely young people who are neither engaged in education nor in employment or training, is essential. Member states should promote specific policies to reintegrate NEETs into the education system or the labour market through targeted training, guidance and job placement programs. In addition, the links between the education and training systems and the labour market should be strengthened, fostering the acquisition of transversal knowledge and soft skills, as well as encouraging the internationalisation of the educational offer, especially for universities, and skills, knowledge and competences acquired through non-formal and informal learning recognised.
Amendment 9 #
2024/0599(NLE)
Recital 4 a (new)
(4 a) Member States shall promote the development of digital and green skills by integrating specific courses into school and vocational curricula. This includes the creation and implementation of continuous training programmes for workers to adapt to new technologies and sustainable practices. Member States must encourage lifelong learning as well as further training for adult workers by promoting retraining and skills upgrading programmes in cooperation with companies and educational institutions. These programmes should be accessible, flexible and geared to the needs of the labour market. In particular, artificial intelligence should be used to identify at early stage, detect, and close skills gaps in the workforce, provide tailor-made educational support, and implement prevention and intervention tools against gender-based violence in the workplace.
Amendment 10 #
2024/0599(NLE)
Recital 4 b (new)
(4 b) In accordance with the objectives of the European Year of Skills promoted by the European Union, Member States should increase their efforts to promote women's participation in STEM (Science, Technology, Engineering and Mathematics) subjects through the introduction of specific support programmes for girls and young women, starting from primary school to higher education. Member States are also encouraged to integrate policies that promote the inclusion of women in STEM careers, thus reducing the gender gap in strategic areas for economic growth and innovation.
Amendment 38 #
2024/0599(NLE)
Recital 12 – paragraph 3 – subparagraph 1 (new)
Despite the progress made, significant wage disparities between men and women still persist in many areas of the Union. Member States, starting with an effective and rigorous implementation of Directive 2023/970, are invited to take measures to ensure wage transparency, implement monitoring policies and stimulate companies to implement equal pay action plans.
Amendment 41 #
2024/0599(NLE)
Recital 13 – paragraph 1
Discrimination in all its forms should be tackled, gender equality ensured and employment of young people supported. Equal access and opportunities for all should be ensured and poverty and social exclusion, in particular that of children, persons with disabilities and the Roma people, should be reduced, in particular by ensuring an effective functioning of labour markets and adequate and inclusive social protection systems, as set out in the Council Recommendation of 8 November 2019 and the Council Recommendation of 30 January 2023 (39). In addition, barriers to inclusive and future-oriented education, training, lifelong learning and labour- market participation should be removed and Member States should invest in early childhood education and care, in line with the European Child Guarantee and the Council Recommendation on early childhood education and care (the ‘Barcelona targets for 2030’), in making vocational education and training more attractive and inclusive in line with the Council Recommendation on vocational education and training, and in digital and green skills, in line with the Digital Education Action Plan and the Council Recommendation on learning for the green transition and sustainable development and the Council Recommendation on Pathways for School Success. Access to affordable housing, including through social housing, is a necessary condition for ensuring equal opportunities. Timely and equal access to affordable high-quality long-term care, in line with the Council Recommendation on access to affordable high-quality long-term care, and healthcare services, including prevention and healthcare promotion, are particularly relevant, in light of potential future health risks and in a context of ageing societies. It is also necessary to encourage the adoption of measures to reduce the existing wage differences between European regions, which particularly exist in certain job categories, such as teachers, considering that a more inclusive socio-economic convergence can positively affect the distribution of opportunities across the Union. Finally, Member States should include in their academic curricula programmes of European citizenship education and values, promoting understanding and appreciation of the fundamental principles of the European Union, such as democracy, human rights and the rule of law, in order to foster greater awareness and active participation of young people in European democratic life. __________________ 39 Council Recommendation of 30 January 2023 on adequate minimum income ensuring active inclusion (OJ C 41, 3.2.2023, p.1).
Amendment 68 #
2024/0599(NLE)
Annex I – paragraph 5
In the context of the digital and green transitions, demographic change and Russia’s war of aggression against Ukraine, Member States should promote sustainability, productivity, competitiveness, employability and human capital development, fostering acquisition of skills and competences throughout people’s lives and responding to current and future labour market needs, also in light of the Union and national headline targets for 2030 on skills. Member States should also modernise and invest in their education and training systems to provide high quality and inclusive education and training including vocational education and training, improve educational outcomes and the provision of skills and competences needed for the green and digital transitions, and ensure access to digital learning, language training (e.g. in the case of refugees including from Ukraine or in facilitating labour market access in cross-border regions) and the acquisition of entrepreneurial skills. Member States should work together with the social partners, education and training providers, enterprises and other stakeholders, also in the context of the action plan to tackle labour and skills shortages put forward by the Commission in March 2024, to address structural weaknesses in education and training systems and improve their quality and labour-market relevance, including through targeted financial and technical support. This would also contribute to enabling the green and digital transitions, addressing skills mismatches and labour shortages, including for activities related to net-zero and digital industries, including those relevant for the EU’s economic security, and those related to the green transition, such as renewable energy deployment or buildings’ renovation. Attention should be paid also to entrepreneurial skills, which are not yet included in typical educational plans. Encouraging entrepreneurship from an early stage could significantly enhance its integration into academic and training programs throughout Europe.
Amendment 100 #
2024/0599(NLE)
Annex I – paragraph 13
The mobility of learners, apprentices and workers should be increased and adequately supported, especially for learners in vocational education and training with fewer mobility experiences, with the aim of enhancing their skills and employability, exploiting the full potential of the European labour market and contributing to EU-level competitiveness. Obstacles to intra-EU labour mobility, including procedures to recognise professional qualifications or transfer acquired social security rights, should be tackled. This also involves reducing the complexity of the Single Market by ensuring that the information and documentation requirements for Member States are significantly simplified and standardized, for instance, within the framework of the SMET (Single Market Enforcement Taskforce). Additionally, Member States should allow the submission of documents in other European languages. Fair and decent conditions for all those pursuing a cross- border activity should be ensured by avoiding discrimination and ensuring equal treatment with EU nationals, enforcing national and EU legislation and stepping up administrative cooperation between national administrations with regard to mobile workers, benefitting from the assistance of the European Labour Authority.
Amendment 103 #
2024/0599(NLE)
Annex I – paragraph 14
The mobility of workers in critical occupations and of cross-border, seasonal and posted workers should be supported in the case of temporary border closures triggered by public health considerations. Member States should further engage in talent partnerships to enhance legal migration pathways by launching new mobility schemes and provide for an effective integration policy for workers and their families, encompassing education and training, including language training, employment, health and housing. A swift and efficient adoption and implementation of the EU Talent Pool would provide Member States with a user- friendly tool, avoiding the creation of parallel systems. This should be paired with an ambitious transposition of the EU Blue Card Directive.
Amendment 18 #
2023/2586(RSP)
Recital B
B. whereas the EPSR was proclaimed in 2017 in Goteborg, setting out 20 principles and establishing a social rulebook towards a strong social Europe that is fair, inclusive and full of opportunity in the 21st century; whereas at the Porto Social Summit in May 2021, the Council committed to three headline targets for 2030 on employment, training and poverty; whereas at least 78 % of the population between 20 and 64 years old should be in employment by 2030; whereas at least 60 % of all adults should participate in training every year; whereas the number of people at risk of poverty or social exclusion should be reduced by at least 15 million, of which 5 million children, by 2030; whereas the three headline targets do not cover the full implementation of the EPSR;
Amendment 118 #
2023/2586(RSP)
Paragraph 9
9. Highlights that, according to principle 19, access to social housing or housing assistance of good quality should be provided for those in need; urges the Commission to develop an ambitious action plan to achieve accessible and green social housing to meet the housing needs of all EU citizens and to progressively eradicate homelessness by 2030; Highlights in this respect the importance of the European Platform on combatting homelessness and stresses the need to further realise its work and ambitions.
Amendment 243 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remuneratedin particular for authors and composers, who are in a weaker contractual position vis-à-vis the major and dominant media companies that hire or commission a work to them; underlines that authors and composers need the protection provided for by EU law to ensure their fair remuneration to be able to fully benefit from the rights harmonised under Union law, ensuring that they are fairly and proportionately remunerated for each usage of their work;
Amendment 243 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remuneratedin particular for authors and composers, who are in a weaker contractual position vis-à-vis the major and dominant media companies that hire or commission a work to them; underlines that authors and composers need the protection provided for by EU law to ensure their fair remuneration to be able to fully benefit from the rights harmonised under Union law, ensuring that they are fairly and proportionately remunerated for each usage of their work;
Amendment 265 #
2023/2051(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in unfair contractual relationships for CCS professionals; draws attention to issues relating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in thand work-for-hire contracts video-on-demand platforms imposed by third countries on music authors by applying to their contracts in order to circumvent the EU laws protecting authors; requests the Commission to closely monitor the situation in that regard and propose solutions to prevent the circumvention of EU rules and principles and to ensure that intellectual property rights that have a strategic importance for Europe can be retained in the EU, while providing appropriate regard; muneration and fair working conditions for authors and composers;
Amendment 364 #
2023/2051(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; calls on the Member States to invest in upskilling and reskilling via skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interested to develop new skills either within or outside the cultural and creative sectors;
Amendment 509 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 5
Annex I – Recommendation 4 – paragraph 1 – indent 5
- to develop tools, such as guidelines for application, handbooks of good practices and shared principles, for improving the situation in all the areas covered under its scope and to evaluate experiences with relevant tools; to prevent buy-outs imposed by third countries based platforms and to protect the strategic interests of European CCS professionals, in particular that of authors and composers, further legislation is to be considered;
Amendment 28 #
2023/0155(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into threemaximum two separate breaks of at least 15 minutes each, in addition to the other possibility of splitting a break.
Amendment 35 #
2023/0155(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks. Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 or 2 hours, in cases where the driving period for that day has not exceeded 5 or 7 hours respectively, and should postpone the start only when carrying out journeys of 8 days or longer. Such flexibility should be further limited to only one of each derogation during the period of the tour. It should be also possible to counter check such circumstances with a printout from the recording equipment or the duty roster, in addition to the tachograph records.
Amendment 41 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 561/2006
Article 7 – Paragraph 4
Article 7 – Paragraph 4
For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by threemaximum two breaks of at least 15 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;
Amendment 52 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 2a – subparagraph 1 – point b
Article 8 – paragraph 2a – subparagraph 1 – point b
Amendment 58 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 2a – subparagraph 2
Article 8 – paragraph 2a – subparagraph 2
Amendment 35 #
2023/0033(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The employers' obligations laid down in this Directive should take into account the fact that microenterprises and SMEs, which represent a large majority of enterprises in the Union, have limited financial, technical and human resources. In order to ensure the highest possible protection of workers in all companies, Member States should assess the impact of the implementation of this Directive and the related administrative burden on those enterprises, in order to ensure that they are not disproportionately affected, with specific focus on microenterprises, and to publish the results of such assessments. In doing so, Member States should maintain equal protection for all workers and facilitate compliance of microenterprises and SMEs. Against that background, specific measures, such as financial and administrative support, could help SMEs and microenterprises further to comply with the obligations laid down in Directive 2004/37/EC and progress towards the elimination of risks relating to exposure to carcinogens, mutagens or reprotoxic substances at the workplace, therefore benefitting all workers.
Amendment 37 #
2023/0033(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Cobalt and cobalt compounds meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set limit values for those carcinogens. Exposure to cobalt and cobalt compounds at workplaces may result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to urgently establish limit values for both the inhalable and respirable fractions of cobalt and of cobalt compounds in the context of Directive 2004/37/EC.
Amendment 41 #
2023/0033(COD)
Proposal for a directive
Recital 3
Recital 3
(3) New and revised limit values should be set out in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and cultural impact and availability of exposure measurement protocols and techniques at the place of work.
Amendment 46 #
2023/0033(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Lead is used in several sectors of strategic importance for reaching the goals set out in the European Green Deal and in Regulation (EU) 2021/11191, such as for example the batteries sector. Advancing the green transition, stimulating the circular economy and maintaining and enhancing the international strategic autonomy in raw materials are all priorities of the Union. __________________ 1 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)
Amendment 47 #
2023/0033(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Because of the harmful properties of lead and its inorganic compounds, relocation of lead-processing companies to third countries with less stringent occupational safety and health regulations needs to be avoided at all times.
Amendment 68 #
2023/0033(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Because of the current use of both a higher OEL and BLV for lead and its inorganic compounds and taking into account historical exposure of workers, health surveillance can show that workers are exceeding the new biological limit value of 15 µg/100ml blood. Given the fact that breaking down existing blood lead level is highly individual and can take several years, these workers should be granted temporary derogation to the new BLV for as long as their lead blood level exceeds the new BLV and be allowed to continue their work activities. To avoid layoffs, employers should relocate these workers to alternative functions with less exposure to lead. During this derogation, workers should be subject to enhanced medical surveillance to ensure a downward trend in their blood lead level. Whenever such relocation to alternative functions is not possible or medical surveillance shows a lack of downward trend, the European Commission should, after consultation with social partners, develop guidelines and recommendations for practical implementation by the Member States to ensure that their social safety net for workers is covering them, for example by supporting the reskilling of these workers.
Amendment 76 #
2023/0033(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 78 #
2023/0033(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) Some of the substances covered by this Directive, such as lead, are deemed necessary for the restoration of cultural heritage or certain cultural activities. For these substances and only when no suitable alternative exists, the Commission should assess the socio- economic benefits derived from the use of such substances against the risk posed to workers in these specific sectors or these activities. Based on this assessment and in consultation with the social partners, the Commission should consider targeted and limited exemptions for the cultural sector and heritage-related activities to existing OELs and BLVs.
Amendment 81 #
2023/0033(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) There is a need for in-depth knowledge on the long-term effect of lead and its inorganic compounds. Member States authorities should ensure, in particular, that the measures on the prevention and reduction of exposure measures for workers set out in Article 5 of Directive 2004/37/EC, as well as the information and training requirements provided for in Articles 11 and 12 and hygiene and individual protection measures set out in Article 10 of that Directive take into consideration the vulnerable situation of women in childbearing age.
Amendment 82 #
2023/0033(COD)
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) Union-wide data from work- related health problems due to lead exposure are often lacking, unreliable or insufficient. The European Commission should develop guidelines and recommendations for data collection by the Member States to improve the reporting and exposures registries.
Amendment 93 #
2023/0033(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The limit values established in this Directive shouldare to be kept under regular scrutiny and reviewstrictly reviewed at least every five years on the basis of advances in knowledge and technologies, in order to ensure ongoing consistency with Regulation (EC) No 1907/2006 and with social, economic and technological developments.
Amendment 94 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The central aim of this legislation is to ensure a comprehensive level of protection for workers and also to protect the cultural heritage of the European Union. Therefore, a sectoral exemption for the occupational substance lead should be introduced for activities, which are essential for cultural activities in Europe. It should be regularly reviewed whether these regulations are still necessary for the preservation of Europe's cultural heritage.
Amendment 96 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
Amendment 102 #
2023/0033(COD)
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) The World Health Organization classified the occupational exposure of firefighter as carcinogenic to humans (Group 1). Occupational exposure as a firefighter includes a variety of hazards resulting from fires and non-fire events. Firefighters can be exposed to combustion products from fires, building materials, chemicals in firefighting foams, flame- retardants and diesel exhaust. The uptake of fire effluents or other chemicals can occur via inhalation and dermal absorption and possibly via ingestion. Such workers should therefore be better protected from such exposure.
Amendment 105 #
2023/0033(COD)
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.
Amendment 127 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 1 (new)
Article 2 – paragraph -1 – point 1 (new)
Directive 2004/37/EC
Article 2 –point b
Article 2 –point b
(1) in Article 2(1), point (b) is replaced by the following: "(b) ‘mutagen’ means: (i) a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008; (ii) a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;"
Amendment 131 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 3 (new)
Article 2 – paragraph -1 – point 3 (new)
Directive 2004/37/EC
Article 2 – point e a (new)
Article 2 – point e a (new)
(3) in Article 2(1), the following point is added: “(ea) 'hazardous medicinal products’ or HMP’ means medicinal products that contain one or more substances that meet the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) or toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008.”
Amendment 138 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: "4a. The limit values set out in Annex III for the occupational substance "inorganic lead and its compounds" and Annex IIIa for the occupational substance "lead and its ionic compounds" shall not apply to activities which, in accordance to Annex IIIb, are of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union."
Amendment 139 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: “4a. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, the implementation of the possible limit values of those substances shall be adapted to take into account the combined effects."
Amendment 142 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Directive 2004/37/EC
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
In Article 14, the following paragraph is added: "4a. In case medical surveillance shows that a current or recently updated biological limit value is exceeded because of historical exposure, these workers should be granted a temporary derogation to this biological limit value and be allowed to continue to work. To avoid layoffs, employers should relocate these workers to alternative functions with less exposure. For the duration of this derogation, workers should be subject to enhanced medical surveillance to ensure a downward trend in their blood level. Whenever the continuation of work is not possible, Member States should, based on guidelines developed by the European Commission, ensure their social safety net for workers is covering affected workers, for example by supporting their reskilling."
Amendment 147 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 6 (new)
Article 2 – paragraph -1 – point 6 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 a (new)
Article 18 a – paragraph 7 a (new)
(6) in Article 18a, the following paragraph is added: "By ... [twelve months after the date of entry into force of this amending Directive], the Commission shall, after consulting the ACSH, develop guidelines on how to further protect women of childbearing age from exposure to lead. These guidelines should include better information sharing and awareness- raising of the harmful effects of exposure to lead on the long term, support to employers on relocation to alternative functions with less exposure to lead within the company or incentives and support to enable reskilling of female workers if relocations proves impossible."
Amendment 148 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 7 (new)
Article 2 – paragraph -1 – point 7 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 b (new)
Article 18 a – paragraph 7 b (new)
(7) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending directive], the Commission shall consult with the social partners and evaluate if the Council Directive 92/85/EEC and its provisions on protection against lead exposure are fit for purpose and consider the inclusion of women of childbearing age, and, if appropriate, put forward a legislative proposal to amend this Directive;"
Amendment 149 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 8 (new)
Article 2 – paragraph -1 – point 8 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 c (new)
Article 18 a – paragraph 7 c (new)
(8) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending directive], the Commission shall review the implementation of this Directive. In the context of that review, it shall consider whether further amendments to this Directive are appropriate, shall assess the feasibility of including endocrine disrupters within the scope of this Directive and, where appropriate, shall present a legislative proposal.”
Amendment 150 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 f (new)
Article 2 – paragraph 1 f (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 d (new)
Article 18 a – paragraph 7 d (new)
In Article 18a, the following paragraph is added: “No later than 31 December 2023, the Commission shall, after consulting the ACSH and taking into account the RAC opinion of 2018 and the latest developments in scientific knowledge, present a legislative proposal to introduce the limit value for cobalt and cobalt compounds.”
Amendment 168 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
Annexes I, III and IIIa to Directive 2004/37/EC are amended as follows:
Amendment 173 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph -1 a (new)
Annex II – paragraph -1 a (new)
Directive 2004/37/EC
Annex I – point 8 a (new)
Annex I – point 8 a (new)
(-1a) in Annex I, the following point is added: "8a. Work involving exposure to hazardous medicinal products.”
Amendment 194 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
Directive 2004/37/EG
Annex III
Annex III
Amendment 44 #
2023/0000(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. RegretNotes the further decrease in the allocation for the Budget line 07 20 04 06 (Specific competences in the area of social policy, including social dialogue); highlights that strong social dialogue is a key feature of the European social model; recalls the commitment of the Union to promote the role of social partners and to facilitate social dialogue, in line with Article 152 of the Treaty on the Functioning of the European Union; stresses the necessity to ensure adequate support for social dialogue and to develop and improve the capacity of social partners and to increase the allocation for this budget line, also in consideration of inflation; also, recalls that it is key to guarantee adequate support for information and training measures for workers’ organisations, taking also into account the impact of inflation on staff expenditure in the budgets of the trade union institutes; in this framework, calls for increases to be included in budget line 07 20 04 09 (Information and training measures/or workers' organisations);
Amendment 71 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From a toxicological point of view, substances with more than one constituent (‘multi-constituent substances’)s for which the information is available for this constituent are no different from mixtures composed of two or more substances. In accordance with Article 13 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council39, aimed to limit animal testing, data on multi- constituentsubstances is to be generated under the same conditions as data on any otheris to be developpedon substances, while data on individual constituents of a substance is normally not to be generated, except where individual constituents are also substances registered on their own. Where data on individual constituents is available, multi- constituent substances should be evaluated and classified following the same classification rules as mixtures, unless Annex I to Regulation (EC) No 1272/2008 provides for a specific provision for those multi- constituent substances. _________________ 39 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 87 #
2022/0432(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-constituenta substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi- constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi- constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents or substances in the mixture. Therefore, it is appropriate that data on multi-constituent substancsubstances or mixtures are used in those cases.
Amendment 107 #
2022/0432(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Harmonised classification and labelling proposals need not necessarily be limited to individual substances and could cover a group of similar substances, where such similarity based on a scientific evidence approach and justification allows for similar classification of all substances in the group. The purpose of such grouping is to alleviate the burden on manufacturers, importers or downstream users, the Agency and the Commission in the procedure for harmonisation of classification and labelling of substances. It also avoids testing of substances when similar substances can be classified as a group.
Amendment 140 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) 1272/2008
Article 5 – paragraph 7a
Article 5 – paragraph 7a
Amendment 152 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3
Article 5 – paragraph 3
A multi-constituent substance containing at least one constituent, in the form of an individual constituent, an identified impurity or an additive for which relevant information referred to in paragraph 1 is available, shall be examined in accordance with the criteria set out in this paragraph, using the available information on those constituents as well as on the substance, unless Annex I lays down a specific provision.
Amendment 205 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) 1272/2008
Article 17 – paragraph 1
Article 17 – paragraph 1
(7a) In Article 17, paragraph 1 is replaced by the following: "1. A substance or mixture classified as hazardous and contained in packaging shall bear a label or fold-out label including the following elements: " Or. en (Regulation 1272/2008)
Amendment 207 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EC) 1272/2008
Article 17 paragraph 1 – point a
Article 17 paragraph 1 – point a
(7b) In Article 17, in paragraph 1, point a is replaced by the following: "(a) the name, address and telephone number of the supplier(s); distributers who do not change the product or packaging may use the provided label unchanged." Or. en (Regulation 1272/2008/EC)
Amendment 208 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EC) 1272/2008
Article 17 – paragraph 2
Article 17 – paragraph 2
(7b) In Article 17, paragraph 2 is replaced by the following: "2. The label shall be written in the official language(s) of the Member State(s) where the substance or mixture is placed on the market, unless the Member State(s) concerned provide(s) otherwise.Suppliers may use more languages on their labels or fold-out labels than those required by the Member States, provided that the same details appear in all languages used. " Or. en (Regulation 1272/2008)
Amendment 215 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EC) 1272/2008
Article 25 – paragraph 6
Article 25 – paragraph 6
(10a) In Article 25, paragraph 6 is replaced by the following: "6. Where a mixture contains any substance classified as hazardous, it shall be labelled in accordance with Part 2 of Annex II.The statements shall be worded in accordance with Part 3 of Annex III and shall be placed in the supplemental information section of the label.The label shall also include the product identifier referred to in Article 18 and the name, address and telephone number of the supplier of the mixture. Distributers who do not change the product or its packaging may use the provided label unchanged." Or. en (Regulation 1272/2008/EC)
Amendment 222 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 1272/2008
Article 30 – paragraph 1
Article 30 – paragraph 1
1. In case of a change regarding the classification and labelling of a substance or a mixture, which results in the addition of a new hazard class or in a more severe classification, or which requires new supplemental information on the label in accordance with Article 25, the supplier shall ensure thupdate the label is updated within 612 months after the supplier has received the results of the new evaluation referred to in Article 15 (4) were obtained.
Amendment 223 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 1272/2008
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a change regarding the classification and labelling of a substance or a mixture is required other than that referred to in paragraph 1, tThe supplier shall ensure that the label is updated within 18 months after the results ofsupplier has received the new evaluation referred to in Article 15(4) were obtained.
Amendment 225 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 1272/2008
Article 30 – paragraph 3a new
Article 30 – paragraph 3a new
3a. Paragraphs 1 and 2 shall not be applicable to distributers who do not modify the product, its packaging or label.
Amendment 228 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) 1272/2008
Article 31 – title
Article 31 – title
Amendment 132 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 87 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 110 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Amendment 119 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2, after point (c)
Article 13 – paragraph 2, after point (c)
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 125 #
2022/0104(COD)
Amendment 129 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Amendment 132 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Amendment 135 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Amendment 137 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a (new)
Article 14 a (new)
Amendment 138 #
2022/0104(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 149 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 160 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 161 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 189 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15a) 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 206 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 207 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 208 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 211 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 213 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 215 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 (new) – paragraph 1
Article 27 (new) – paragraph 1
Amendment 216 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d (new) – paragraph 1 – first part
Article 27d (new) – paragraph 1 – first part
Amendment 225 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – second part
Article 27 d (new) – paragraph 1 – second part
Amendment 229 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2
Article 27 d (new) – paragraph 2
Amendment 231 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Article 27 d (new) – paragraph 2 – first part
Amendment 234 #
2022/0104(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 238 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 244 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
Article 27 d (new) – paragraph 3
Amendment 251 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 4
Article 27 d (new) – paragraph 4
Amendment 253 #
2022/0104(COD)
Proposal for a directive
Recital 33
Recital 33
(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf orf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adaptfacilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
Amendment 268 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 2
Article 79 a (new) – paragraph 2
Amendment 272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
Article 79 a (new) – paragraph 4
Amendment 279 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 290 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3.6 (new)
Annex I – paragraph 3.6 (new)
Amendment 293 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 6.5
Annex I – paragraph 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 338 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
Article 3 – paragraph 1 – point 23 b
Amendment 343 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
Article 3 – paragraph 1 – point 23 c
Amendment 417 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 428 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 516 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
Article 11 – paragraph 1 – point f a
Amendment 521 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 533 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a – f c
Article 11 – paragraph 1 – point f a – f c
Amendment 602 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 610 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 650 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a
Article 14 – paragraph 1 – subparagraph 2 – point a a
Amendment 659 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b b
Article 14 – paragraph 1 – subparagraph 2 – point b b
Amendment 664 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c
Article 14 – paragraph 1 – subparagraph 2 – point b c
Amendment 680 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Amendment 697 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
Article 14a
Amendment 791 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 820 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 2 a (new)
Article 15 – paragraph 3 – subparagraph 2 a (new)
(2a) When setting general binding rules, in accordance with Article 6 of this Directive, Member States shall define emission limit values after assessing the entire BAT-AEL range for the sector.
Amendment 824 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 962 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15d) In Article 21, paragraph 3 a (new) is inserted as follows: 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 1059 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – title
Article 27 c – title
Amendment 1060 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
Article 27 c – paragraph 1
Amendment 1070 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – number
Article 27d – number
Amendment 1081 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Article 27 d – title
Amendment 1088 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
Article 27 d – paragraph 1
Amendment 1123 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
Article 27 d – paragraph 2
Amendment 1158 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
Amendment 1175 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
Amendment 1230 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS AND CATTLE
Amendment 1246 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
Amendment 1250 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
Amendment 1254 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Article 70b – title
Amendment 1259 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
Article 70b – paragraph 1
Amendment 1272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – title
Article 70c – title
Permits and simplified registration
Amendment 1275 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
Amendment 1282 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
Amendment 1285 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point a
Article 70c – paragraph 2 – subparagraph 1 – point a
(a) the installationfarm, its building and its activities
Amendment 1288 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point c
Article 70c – paragraph 2 – subparagraph 1 – point c
(c) the capacity of the installationbuilding where the rearing takes place;
Amendment 1292 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(d) the sources of emissions from the installationbuilding where the rearing takes place;
Amendment 1295 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
Amendment 1313 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 1319 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – number
Article 70d – number
Amendment 1322 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Article 70d – paragraph 1 – subparagraph 1
Amendment 1323 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
Article 70d – paragraph 1– subparagraph 2
Amendment 1325 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
Article 70d – paragraph 2
Amendment 1329 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
Article 70d – paragraph 3
Amendment 1392 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
Amendment 1407 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.
Amendment 1542 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
Article 79a – paragraph 2
Amendment 1543 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a - paragraph 2
Article 79a - paragraph 2
Amendment 1550 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
Amendment 1558 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
Amendment 1581 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia
Annex Ia
Amendment 1583 #
2022/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP please insert the date = the first day of the month following 1836 months after the date of entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1621 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Amendment 1639 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.5
Annex I – paragraph 3 – subparagraph 6 – point 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 1652 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – number
Annex Ia – number
Amendment 1659 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
Amendment 1678 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Amendment 65 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact). In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, used only in cases of severe or repeated infringements of obligations under this Directive, after repeated attempts at measures of risk mitigation have failed and only if it is in the best interest of those impacted (responsible disengagement), also in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. Moreover, responsible disengagement should also take into account possible impacts for those depending on the product or affected by disruptions of supply chains.
Amendment 76 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaintsinformation directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsinformation should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have substantiated and documented knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification. This can include to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintnotification. This access should not lead to unreasonable solicitations of companies nor to sanctions. Companies may deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 124 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 53000 employees on average and had a net worldwide turnover of more than EUR 15900 million in the last financial year for which annual financial statements have been prepared;
Amendment 129 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 168 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) (c)‘adverse human rights impact’ means an adverse impact on protected persons that may impair the full enjoyment of human rights resulting from the violation of one of the prights or prohibitions listed in the Annex, Part I Section 1, as enshrinnciples set out in the OECD Due Diligence Guidance for Responsible Business Conduct and Guidance for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights. (ca)‘adverse impact’ means adverse environmental impact and adverse human rights impact; (cb)‘to cause an adverse impact’ means a company’s own actions or omissions that directly led into the international conventions listed in the Annex, Part I Section 2; adverse impact. (cc)‘to contribute to an adverse impact’ means a company’s own actions in combination with the activities of other entities cause an adverse impact, or if the activities of a company cause, facilitate or incentivise another entity to cause an adverse impact. (cd) being ‘linked to an adverse impact’ means a company’s direct or indirect business relationship caused the adverse impact.
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its value chain and other individuals, groups, communities or entities whose rights or interests are or could be directly affected by the potential and actual adverse environmental and human rights impacts connected to the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 224 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and prioritising the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations engage with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 229 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention action plan shall be developed in consultationmeaningful engagement with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with industry initiatives;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including, where reasonable and applicable, by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact, as well as to its resources and leverage;
Amendment 262 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, tThe corrective action plan shall be developed in consultationthrough meaningful engagement with stakeholders;
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
Amendment 290 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintsnotification may be submitted by:
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, including from third countries, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Agency for Small and Medium Enterprises and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impashall issue clear and easily understandable guidelines in the form of targeted guidance where applicable to facilitate compliance; a) in digital, free of charge and easily accessible format; b) including for specific sectors or specific adverse impacts; c) including lists of risk areas whether sectoral or geographic; d) including an overview on applicable industry initiatives; e) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; f) including taking into account SMEs needs 2. The guidelines shall be made available no later than ... [18 months after the date of entry into force of this Directive]. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 360 #
Amendment 67 #
2021/2253(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
Amendment 68 #
2021/2253(INI)
Motion for a resolution
Citation 35 b (new)
Citation 35 b (new)
— having regard to the report by the International Labour Organisation (ILO) entitled ‘The Employment Generation Impact of Meeting SDG Targets in Early Childhood Care, Education, Health and Long-Term Care in 45 Countries’, published on 19 December 2019,
Amendment 72 #
2021/2253(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
Amendment 74 #
2021/2253(INI)
Motion for a resolution
Citation 38 b (new)
Citation 38 b (new)
— having regard to Directive (EU) 2022/431of the European Parliament and of the Council of 9 March 2022 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work,
Amendment 93 #
2021/2253(INI)
Motion for a resolution
Recital B
Recital B
B. whereas care encompasses services to addresspersons in need of care and support are persons who are challenged in their activities of daily living by a disability or chronic health condition; whereas care encompasses services to support the autonomy and independence of persons in need for care, and by supporting their physical, psychological and social needs of dependents, as well as support to guaranteeing the equal exercise of their rights, dignity, autonomy, inclusion and well-being for all members of society;
Amendment 219 #
2021/2253(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce, the creation of attractive and decent working conditions and integrated services, and adequate funding;
Amendment 239 #
2021/2253(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the structures of care need to be changed from centralised institutions to community-based careand live-in home care to support the independence and autonomy of individuals at all stages throughout their lives; whereas that shift has been too slow;
Amendment 256 #
2021/2253(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the proportion of undeclared work in the care sector remains too high, leading to fewer protections for workers in the sector, and a loss of income for member states;
Amendment 272 #
2021/2253(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Amendment 276 #
2021/2253(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas quality care work is a skilled occupation, and demand for skilled care workers will only increase in the coming years;
Amendment 277 #
2021/2253(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Amendment 278 #
2021/2253(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas the European Commission estimates that 8 million new jobs can be created in the EU in the care sector by 20301a; _________________ 1a European Commission, 2021, Green Paper on Ageing;
Amendment 279 #
2021/2253(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas the proportion of undeclared work in the care sector remains too high, leading to fewer protections for workers in the sector, and a loss of income for Member States;
Amendment 280 #
2021/2253(INI)
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. whereas quality care work is a skilled occupation, requiring training and experience; whereas employment and ongoing training in the workplace through professionalisation of the sector can contribute to an increased quality of provision of care services;
Amendment 295 #
2021/2253(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the care sector in the EU still relies heavily on migrant workers both within and outside the Union, and there are still obstacles hampering the free movement of care workers within the EU;
Amendment 396 #
2021/2253(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the European Union can complement and support Member State action in improving care services, for those who are cared for and those who provide care;
Amendment 477 #
2021/2253(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to increase funding for both formal and informal care across the EU to guarantee equal access for dependantspersons in need of care to affordable quality care services, as well as an active and fulfilling professional life for carers, and therefore calls on the Member States to make the best use of the European structural and investment funds, including the ESF+, as well as the Recovery and Resilience Facility, for investing in care;
Amendment 604 #
2021/2253(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 621 #
2021/2253(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to incentivise declared work by supporting personal household services, and other alternative employment models for home care services such as households as direct employers or intermediaries;
Amendment 632 #
2021/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that accessibility derives from a combination of cost and flexibility; believes that in this respect different forms of care service provision should be available, such as in in-home and community-based settings; recognises the importance of personal and household service providers, including live-in carers, in this regard; consequently calls on Member States to invest in the professionalisation of the sector;
Amendment 660 #
2021/2253(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that care services, particularly live-in care services, are often provided on a cross-border basis; Stresses that the free movement of persons and workers is one of the key pillars of the EU, but that challenges to cross-border care remain; calls for the protection of the social security rights of all mobile care workers and care receiversfurther notes that without barrier- free cross-border provision of care services, it will not be possible to meet the growing demand for carers; calls for the protection of the social security rights of all mobile care workers and care receivers; calls on the European Commission to ensure that existing barriers to free movement in the sector should be lifted;
Amendment 708 #
2021/2253(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to establish a comprehensive set of indicators for long-term care, and corresponding targets and tools for monitoring the accessibility, affordability and quality of care, especially taking into account vulnerable groups such as the elderly and people with disabilities, similar to the Barcelona objectives for childcare;
Amendment 711 #
2021/2253(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to establish a comprehensive set of indicators for long-term care, including for those with disabilities and older persons, and corresponding targets and tools for monitoring the accessibility, affordability and quality of care, similar to the Barcelona objectives for childcare;
Amendment 756 #
2021/2253(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States and relevant authorities to recognise the pivotal role of informal carers and to integrate them into regular health and care teams;
Amendment 784 #
2021/2253(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Commission to propose a common coherent package of actions at EU level on informal care, to identify and recognise the different types of informal care provided in Europe, and to guaranteeto consider the formalisation of informal care, and to guarantee a certain minimum standard of rights, carers financial support and other additional support services, including time off for carers, and a work-life balance and, rehabilitation services for carers and care recipients and access to specific psychological support for carers;
Amendment 791 #
2021/2253(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 836 #
2021/2253(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to ensure decent working conditions for all workers in the care sector, both formal and informal, and to adopt high standards of occupational health and safety, in line with and beyond the ambition of the recently adopted EU strategic framework on health and safety at work 2021-2027; stresses the importance of fully respecting the Working Time Directive in particular for those who are providing live-in care, as well as reasonable accommodation provided for the carer and vigilance for additional broader job descriptions that go beyond the role of a carer;
Amendment 850 #
2021/2253(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. 23a new. recalls, in this context, the fourth revision of Directive 2004/37/EC and the inclusion of work involving exposure to hazardous medicinal products meeting the criteria for classification as carcinogenic, mutagenic and/or toxic for reproduction category 1A or 1B as defined in Regulation (EC) No 1272/2008, in order to ensure the best possible general and individual protection measures for workers handling these products;
Amendment 3 #
2021/2233(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission European Economic Forecast Autumn 2021,
Amendment 19 #
2021/2233(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in coordinating economic, budgetary, employment and social policies in the Member States, the European Semester must respectpolicy coordination must respect applicable and relevant Union rules on sound public finances;
Amendment 27 #
2021/2233(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is founded on and upholds the fundamental values of the Treaties and the United Nations, and whereas the consequences of the COVID-19 pandemic on the economy, social affairs and employment, the European Green Deal and poverty must be taken into account in the 2022 annual sustainable growth strategysuch as respect for human dignity, equality and human rights; whereas the deep economic and social impact of COVID-19 pandemic demonstrates the need to address social issues at European level while respecting the diversity of national law and practices;
Amendment 46 #
2021/2233(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the COVID-19 pandemic is placing a heavy burden on families and vulnerable groups in terms of their everyday lives, working lives and general livelihoods2 ; __________________ 22021 report of the Bundesinstitut für Bevölkerungsforschung entitled ‘Belastungen von Kindern, Jugendlichen und Eltern in der Corona-Pandemie’.
Amendment 62 #
2021/2233(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU’s climate neutrality targets represent aboth challenge to the economy and society; whereas they also present opportunities for businesses and opportunitiess and opportunities and an absolute necessity in order to predeploy workers, which will meserve the climate and that socially vulnerable people, families and micro-enterprises will come under pressureo build a better future for the younger and future generations;
Amendment 102 #
2021/2233(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the well-being of the EU is at the heart of a modern sustainability and economic strategSocial Market Economy is at the heart of the European project and the EU strategy of competitive sustainability; points out that the dimensions set out in the annual sustainable growth strategy – social and environmental sustainability, productivity, equality and macroeconomic stability – serve as guiding principles for the EU’s recovery and the development of the national recovery and resilience plans and necessary reforms;
Amendment 114 #
2021/2233(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the aim of sustainable economic growth must be to weather future crises in the best possible way, by strengthening the competitiveness of our economies and developing the right skills set for the future to keep up with the demands of a modern labour market;
Amendment 119 #
2021/2233(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned that countries were already heavilysome Member States were indebted before the COVID-19 pandemic, that these debts are to be borne by future generations and that some Member States have little room for manoeuvre to support economic recovery through national measures; is convinced that additional instruments are needed that do not place a lasting burden on national budget; welcomes the historic and unprecedented European response in the form of the NextGenerationEU and the Recovery and Resilience Facility as instruments to mitigate the economic and social impact of the pandemic in the Member States;
Amendment 138 #
2021/2233(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that bureaucratic obstacles hinder economic growth; calls on the Commission to recommend reforms to all Member States for immediate implementationUnderlines the need to reduce bureaucratic burdens and red tape in order to support and stimulate economic growth and competitiveness and underlines in this context the Commission Better Regulation Agenda; calls on the Commission in the context of the country- specific recommendations to recommend reforms to cut red tape and simplify access to funding opportunities; for businesses and citizens;
Amendment 160 #
2021/2233(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. EWelcomes and emphasises the central role inof the new EU strategic framework ofn health and safety at work 2021-2027; notes that prevention so as to ensure safe and healthy working conditions contributes to the health of workers in order to maintainand wellbeing of workers and lead to long-term productivity and competitiveness gains;
Amendment 174 #
2021/2233(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that increasing purchasing power is a guaranteed means of ensuring furthern important element of economic recovery;
Amendment 194 #
2021/2233(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that families are the main victims of the COVID-19 pandemic; calls on the Commission to introduce a 25/25 child cost allowance; stresses that the amount will be split between a national allowance under the responsibility of the Member States and a direct EU benefit; stresses that families need this money, and that they would spend it and in turn contribute to the economynd vulnerable groups are among the main victims of the COVID-19 pandemic;
Amendment 202 #
2021/2233(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 214 #
2021/2233(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to ensure social equality that everyone in our society has the right skills to find a job and bring their talent to fruition, in particular the young generation; underlines the need to strengthen EU education programs while at the same time aligning training and education with the needs of the economy and the society of the future, supporting employment relationshipsees and teachers to train the right skills as well as investments in digital infrastructure;
Amendment 222 #
2021/2233(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 236 #
2021/2233(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to ensure the economy is crisis-resistantand the Member States to ensure a strong and inclusive economic and social recovery, to be better prepared for future crisis, to attract investment and entrepreneurship and to ensure a fair and social EU with well-paid jobs;
Amendment 246 #
2021/2233(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to address skills shortages; notes that these shortages are holding back productivity and economic growth; expresses concern that digital skills in the EU need to play catch up and that this ibe improved, in line with the needs of future labour markets, which is among other aspects reflected in the shortage of IT professionals; emphasises the importance of focusing and investing in vocational training on thein the context of the twin digital and green transitions; demands that EU training content become more uniform and qualifications more widely recognised;
Amendment 258 #
2021/2233(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the transition to a low-carbonclimate neutral economy must be just and based on athe social market economy; stresses the need to enable private sector financing and promote research and innovation in new technologies while safeguarding jobs;
Amendment 265 #
2021/2233(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points to the need for the principles of production, service and trade with certification to be improved so as to improve quality; stresses, with reference towelcomes the Commission’s proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work (COM(2021)0762), that adherence to social standards in the context of platform work is necessary;
Amendment 269 #
2021/2233(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 120 #
2021/2179(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates its call13 for the ‘think small first’ principle to be set as a guiding principle in the drafting of future legislation and the adoption of policies, so as to make the Union’s ecosystem more competitive and supportive of micro, small and medium-sized organisations both within and outside the social economy and hereby including strong workers’ rights and stimulating the process of collective bargaining; _________________ 13 In, inter alia, its resolution of 16 December 2020 on a new strategy for European SMEs and that of 24 June 2021 on European regulatory fitness and subsidiarity principle.
Amendment 143 #
2021/2179(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reminds the Member States that the Public Procurement Directive (Directive 2014/24/EU) allows contracting authorities to use public procurement to pursue environmental and social objectives, and, in particular, allows for reserved tender procedures for organisations whose main aim is the integration of persons with disabilities or other disadvantaged groups into the workforce; invites public authorities to consider socially and environmentally responsible public procurement as an investment in the socio-economic fabric with a great potential to combine social and competitive objectives, with a strong emphasis on the non-profit nature of the social economy;
Amendment 248 #
2021/2179(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Invites the Commission, on the occasion of the next revision of the General Block Exemption Regulation (GBER), to adequately take into account the specific needs of social economy organisations in terms of access to finance and market development, to strengthen the role of State aid in promoting the recruitment of disadvantaged workers, including people with disabilities, persons with a sharply decreased yield deficit and people with a migration background, especially in the context of the post-COVID-19 recovery, and to explore different evidence-based options, after consulting relevant stakeholders, to support the development of social economy organisations;
Amendment 291 #
2021/2179(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities, where a wider application of SGEI is important for the activities of social service providers; highlights that social economy projects do generally require a close partnership with public entities, and calls therefore on the Commission and Member States to develop, within the macro- economic governance framework provided at EU level, a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations;
Amendment 8 #
2021/2165(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the first Joint Implementation Report of the Framework Agreement on Digitalisation (2021),
Amendment 11 #
2021/2165(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the European Economic and Social Committee opinion SOC/698 “Health & Safety at Work - EU Strategic Framework (2021-2027)”,
Amendment 14 #
2021/2165(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to its resolution of 20 October 2021 with recommendations to the Commission on protecting workers from asbestos(2019/2182(INL)),
Amendment 15 #
2021/2165(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to its resolution of 16 September 2021 on fair working conditions, rights and social protection for platform workers - new forms of employment linked to digital development (2019/2186(INI)),
Amendment 22 #
2021/2165(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in 2015, the European Working Conditions’ Survey (EWCS) found that 21 % of jobs in Europe were “high flying jobs“ and 20 % of jobs in Europe are of “poor quality” and put workers at increased risk regarding their health; whereas 14 % of workers have been exposed to a high level of psychosocial risks4 ; ;whereas 23 % of European workers believe that their safety or their health is at risk because of their work; whereas the fieldwork of the EWCS 2020 was put on halt due to the outbreak of the COVID-19 pandemic but was relaunched in July 2021 with a view to be published in the end of 2022; __________________ 4 ‘Sixth European Working Conditions Survey – Overview report (2017 update)’, Eurofound, 2017, Publications Office of the European Union, Luxembourg.
Amendment 25 #
2021/2165(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Eurofound concludes that in 2017-2019, many positive economic and social developments took place with consistent economic growth, new employment highs, rising living standards and convergence of Member States towards better living and working conditions1a; whereas the outbreak of the COVID-19 pandemic resulted in nearly one half of all employees in Europe working at least part of their working time from home1b; whereas some studies suggest the perceptions of remote working have substantially improved since the beginning of the pandemic, which in turn is translated into a generalised preference for hybrid work arrangements1c; __________________ 1aEurofound (2021), Living and working in Europe 2020. Publications Office of the European Union, Luxembourg, p. 66. 1b Eurofound (2020), Living, working and COVID-19. Publications Office of the European Union, Luxembourg 1c Microsoft Work Trend Index (2021). “The next great disruption is hybrid work - are we ready?”.
Amendment 64 #
2021/2165(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the COVID-19 pandemic has caused a rapid increase in teleworking where remote working served as a buffer during the crisis and preserved jobs that might otherwise have been lost9a; whereas remote working is proven to have a strong impact on the organisation of working time by increasing flexibility and workers’ constant availability9 ; whereas it is expected that the uptake of remote working and teleworking will remain higher than before the COVID-19 crisis or that it will even increase further10 ;whereas under normal conditions most employees would prefer a combination of working from home and working from the office with 32 % wanting to work from home several times a week9b; __________________ 9 ‘Working anytime, anywhere: The effects on the world of work’, Eurofound and the International Labour Office, 2017, Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva. 9aEurofound and European Commission Joint Research Centre (2021), What just happened? COVID-19 lockdowns and change in the labour market, Publications Office of the European Union, Luxembourg. 9bEurofound (2021), Living and working in Europe 2020, Publications Office of the European Union, Luxembourg, p. 43. 10‘Teleworking in the aftermath of the Covid-19 pandemic: enabling conditions for a successful transition’, European Trade Union Institute, 2021, Brussels.
Amendment 73 #
2021/2165(INI)
Motion for a resolution
Recital F
Recital F
F. whereas people who regularly work from home are more than twice as likely to work in excess of the requisite maximum 48 hours per week and are at risk of resting for less than the requisite 11 hours between working days; whereas almost 30 % of teleworkers report working in their free time every day or several times a week11 ; whereas telework also provides workers with the freedom to adapt their working hours and schedule to meet their own personal and family needs11a; __________________ 11‘Telework and ICT-based mobile work: Flexible working in the digital age’, New forms of employment series, Eurofound, 2020, Publications Office of the European Union, Luxembourg. 11a‘Telework and ICT-based mobile work: Flexible working in the digital age’, New forms of employment series, Eurofound, 2020, Publications Office of the European Union, Luxembourg.
Amendment 110 #
2021/2165(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s strategic framework and, in particular, the introduction of the Vision Zero approach to work-related accidents and diseases, including the forthcoming new social scoreboard indicator on fatal accidents at work and the stocktaking OSH Summit in 2023; calls on the Commission to expand the Vision Zero approach to other injuries and accidents, as well as physical and mental attrition; calls on the Commission to significantly increase the focus on prevention strategies; calls for the ambitious implementation of the 7-year plan, also in the light of the impact of the COVID-19 pandemic on the labour market and new ways of work, and believes that strong legislative action is needed on several aspects of EU policy on occupational health and safety in order to complement the variety of soft EU measures envisaged in order to make Vision Zero a reality; calls for a clear focus on social dialogue and workers’ participation in the Vision Zero approach;
Amendment 114 #
2021/2165(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for Directive 2004/37/EC of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work to be updated on a continual basis and in an ambitious timeframe, ensuring that occupational exposure limits containedreiterates its call on the Commission, as a matter of urgency, and following consultation of the ACSH, to present an action plan to achieve occupational exposure limits for at least 25 additional substances in the dDirective exist for a minimum of 50 priority substances by 2024; calls for the inclusion of reprotoxic substances and hazardous medicinal products in the scope of the directive; 2004/37/EC and to consider, based on that action plan, the latest developments in scientific knowledge and after consulting the ACSH, presenting a legislative proposal by 31 December 2024; stresses in that regard the need for the Commission to increase the capacity necessary for reviewing Occupational Exposure Limits (OELs) and adding new ones; reiterates its repeated calls for the inclusion of reprotoxic substances and hazardous medicinal products in the scope of the directive; reiterates its call to revamp the current system to set limit values under the fourth revision of Directive 2004/37/EC and to move towards a new coherent, transparent and risk-based methodology system to be established for setting exposure limits and to better take into account workers' exposure to a combination of substances;
Amendment 121 #
2021/2165(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the need for further action to prevent, detect and better recognise occupational cancers related to night shift work and UV radiation (for outdoor workers); points out that the automation and robotisation of certain activities can significantly reduce the risk of workers being exposed to carcinogens in workplaces; encourages constant analyses and research on new substances under suspicion of being carcinogenic, mutagenic and/or reprotoxic (CMRs), the establishment of OELs for those chemical agents for which they do not yet exist, and periodic revisions whenever it becomes necessary in the light of more recent scientific data and technical developments, in close consultation with social partners; welcomes the workers survey prepared by the EU-OSHA on exposure to cancer risk factors; stresses that more systematic human biomonitoring programmes, in full compliance with data protection measures, both in occupational settings and non-occupational settings can be a one of several relevant sources of information on general chemical exposure effects and health impacts;
Amendment 128 #
2021/2165(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to present in 2022 a legislative proposal to further reduce workers’ exposure to asbestos; recalls that asbestos has been banned in the Union since 2005 and that Member States must ensure that asbestos fibres are completely phased-out as soon as possible; calls on the Commission to be ambitious in its endeavours to achieve the total ban of asbestos and with regard to its zero accidents at work vision, and reiterates its call on the Commission to update the exposure limit for asbestos to 0.001 fibres/cm3 (1 000 fibres/m3); stresses the needreiterates its call for an EU framework directive for national asbestos removal strategies, including public national asbestos registers;
Amendment 144 #
2021/2165(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work hasmay not proven effective enough for the world of work in the 21st century and the latest developments on labour markets and the assessment and management of psychosocial risks; recalls its request that the Commission include in the Strategic Framework for Occupational Safety and Health the right to disconnect and, explicitly, that it develop new psychosocial measures as part ofnd actions within the framework; call and welcomes oin the Commission, in this regard, to step up the ambition of the Strategic Framework for Occupational Safety and Health; is regard the Commission’s commitment to modernise the OSH legislative framework related to digitalisation by reviewing the Workplaces Directive and the Display Screen Equipment Directive by 2023, as well as in cooperation with Member States and social partners to prepare a non- legislative EU-level initiative related to mental health at work before the end of 2022; commends the Commission’s call on the Member States, in this regard, to update their national legal frameworks, host “peer reviews” addressing occupational psychosocial and ergonomic issues, as well as to strengthen the monitoring and data collection on the situation of mental and psychosocial risks, and underlines the need to step up the ambition in this context; recalls on the Commission to propose a directive on psychosocial's invitation to the social partners to take action and update existing agreements at cross-industry and sectoral level to address new OSH issues related to the digital labour market, in particular psychosocial and ergonomic risks and well-being at work aimed at the efficient prevention in the workplace of, inter alia, anxiety, depression, burnout and stress; call, as well as to find commonly agreed solutions to address the challenges con the Commissionnected to telework, digitalisation and the right to disconnect, building on the European Social Partners Framework Agreement on digitalisation; highlights that occupational disease is a matter closely linked to social security which is a national competence and calls on the Member to aim for the recognition of anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of affected employees, and to shift from individual- level actions to a work organisation approach;
Amendment 146 #
2021/2165(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work hasmay not proven effective enough for the world of work in the 21st century and the latest developments on labour markets and the assessment and management of psychosocial risks; recalls its request that the Commission include in the Strategic Framework for Occupational Safety and Health the right to disconnect and, explicitly, that it develop new psychosocial measures as part of the framework; calls on the Commission, in this regard, to step up the ambition of the Strategic Framework for Occupational Safety and Health; calls on the Commission to propose a directive on psychosocial risks and well-being at work aimed at the efficient prevention in the workplace of, inter alia, anxiety, depression, burnout and stress; calls on the Commission to aim for the recognition of anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of affected employees, and to shift from individual- level actions to a work organisation approach;
Amendment 160 #
2021/2165(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that the Commission is strengthening the gender focus on occupational safety and health; calls on the Commission to propose a legal act based on the framework agreement on harassment and violence at work, and calls on the Commission and the Member States to ensure that the fight against workplace violence, discrimination and harassment applies regardless of the reason for the harassment and that it is not limited to cases based on discriminatory grounds; calls on the Member States’ governments to ratify ILO Convention No 190 to put in place the necessary laws and policy measures to prevent and address violence and harassment in the world of work;
Amendment 173 #
2021/2165(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s intention to present by the end of 2021 a legislative initiative to improve the working conditions of platform workers; calls on the Commission to ensure that the proposal guarantees rights for all platform workers forand to address the specificities of platform work to ensure fair and transparent working conditions and a healthy and safe working environment;
Amendment 183 #
2021/2165(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to guarantee that all workers, including non- standard workers, workers in platform companies and the self-employed are covered by occupational safety and health (OSH) legislation and policies;
Amendment 217 #
2021/2165(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls the commitment by the Commission to assess the need for further actions to improve the functioning of the existing EU regulatory framework for health and safety and the need to amend the Biological Agents Directive; calls on the Commission to conduct, without delay, a targeted revision of the Biological Agents Directive, drawing on the lessons learned from the unprecedented pandemic health crisis with a view to better preparedness and response planning on health crises in all workplaces;
Amendment 220 #
2021/2165(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to improve research and data collection on the situation of mental health, psychosocial and ergonomic risks across sectors and additional research on the economic costs of health and workplace exclusion and to conduct a detailed assessment of problems with health and safety associated with remote- work and teleworking;
Amendment 234 #
2021/2165(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission, in close consultation with Member States and the social partners, taking into account existing national and sectorial practices, to assess the need for an EU framework with a view to establishing minimum safety and health requirements for remote work across the Union; calls on the Commission to propose a legislative framework with a view to establishing minimum requirements for remote work across the Union; stresses that such a framework should clarify working conditions, including the provision, use and liability of equipment, including as regards existing and new digital tools, and that it should ensure that such work is carried out on a voluntary basis and that the rights, workload and performance standards of teleworkers are equivalent to those of comparable workers;
Amendment 236 #
2021/2165(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission, in close consultation with Member States and the social partners, and taking into account existing national and sectorial practices, to propose a legislative framework with a view to establishing minimum requirements for remote work across the Union; stresses that such a framework should clarify working conditions, including the provision, use and liability of equipment, including as regards existing and new digital tools, and that it should ensure that such work is carried out on a voluntary basis and that the rights, workload and performance standards of teleworkers are equivalent to those of comparable workers;
Amendment 247 #
2021/2165(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission, on the basis of a thorough assessment, a proper evaluation and a consultation of Member States and the social partners, to propose a directive on minimum standards and conditions to ensure that workers are able to exercise effectively their right to disconnect and to regulate the use of existing and new digital tools for work purposes, whilst taking into consideration the European Social Partners Framework on Digitalisation, which includes arrangements for connecting and disconnecting and provides for the social partners to take implementation measures within the next three years; stresses that a legislative proposal before the end of that implementation period would disregard the role of social partners laid down in the TFEU; insists that any legislative initiative respects the social partners’ autonomy at national level, national collective agreements, and national labour market traditions and models, and does not affect the right to negotiate, conclude and enforce collective agreements in accordance with national law and practice;
Amendment 250 #
2021/2165(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s commitment to revisemodernise the OSH legislative framework by reviewing Directive 89/654/EEC and Directive 90/270/EEC laying down minimum safety and health requirements for the work place and work with display screen equipment; calls on the Commission and the Member States to step up the research and data collection, to be more ambitious in this regard and to propose a directive on work- related musculoskeletal disorders (MSDs) and rheumatic /chronic inflammatory diseases; welcomes in this regard the Commission intention to support awareness raising on MSDs and joins the call on the Member States to address occupational risks related to circulatory diseases;
Amendment 260 #
2021/2165(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Repeats its call on the Commission to undertake an urgent study of the situation of the employment and health and safety conditions of cross-border and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries and subcontractors, with a view to identifying protection gaps and the need to revise the existing legislative framework, as well as pandemic-proofinglso considering the lessons learned from the COVID-19 pandemic;
Amendment 278 #
2021/2165(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to recognise and involve social partners in the implementation and enforcement of the OSH legislative framework; calls on the Commission and the Member States to promote social dialogue and to ensure the involvement of social partners in the formulation of all EU and national OSH policies and in measures taken at all levels;
Amendment 198 #
2021/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the Commission to recognise anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention of anxiety, depression and burnout and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; __________________ 16 European Agency for Safety and Health at Work (2021), Telework and health risks in the context of the covidovid-19 pandemic: evidence from the field and policy implications, 2021.
Amendment 6 #
2021/2013(INI)
Draft opinion
Recital A
Recital A
A. whereas the pandemic has revealed the strengths and limitations of the current set-up for managing value chains and accessibility to medicines and vaccines;
Amendment 23 #
2021/2013(INI)
Draft opinion
Recital B
Recital B
B. whereas universequal access toibility, affordability, and availability of medicines is a fuanda mental right the full realisation of which is incompatible with a pharmaceutical model based primarily on the pursuit of profitdicinal products is essential; whereas the EU can support this by applying a predictable policy framework that fosters public and private investments ensuring affordable patient access to medicines and benefit to society as a whole;
Amendment 33 #
2021/2013(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Amendment 47 #
2021/2013(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas Europe’s pharmaceutical sector is a major contributor to the EU economy in terms of creation of highly skilled jobs and investment in innovation; whereas the pharmaceutical sector is a significant driver of trade and economic growth in the EU;
Amendment 52 #
2021/2013(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Amendment 73 #
2021/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to work towards a European public biomedical infrastructure covering the entire medicines value chain and to develop the prospective European Health Emergency Response Authority (HERA) along those lines; considers that HERA should closely collaborate with public and private entities to plan, coordinate and build an ecosystem of private and public capabilities which can provide suitable emergency frameworks for EU access to key raw materials in case of global supply chocks;
Amendment 108 #
2021/2013(INI)
2. Calls on the Commission to keep the results of Union-funded R&D in the public domain; points out that the protection of patents must not run counter to the right to healthPoints out that the protection of the social contract between European pharmaceutical companies, patients and society as a whole rests on the EU intellectual property framework; points out that the intellectual property framework acts as a driver of investments in research and development, which is essential to innovation;
Amendment 137 #
2021/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to develop a new incentive model, look into decoupling mechanisms as an alternative to exclusive protections, and attach strict conditions to public funds in accordance with the principle of fair return on investmenttargeted incentives to ensure equitable access to medicines also in areas where the development of products would otherwise not be sustainable;
Amendment 139 #
2021/2013(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the impact of the Regulation on orphan medicinal products (EC/141/2000) and the Regulation on medicinal products for paediatric use (EC/1901/2006); notes however that scientific progress and investment in research have not been sufficient for the unmet needs of patients with rare diseases, paediatric cancers and neurodegenerative diseases, to deal with antimicrobial resistance (AMR) or to prevent infectious diseases outbreaks; Calls on the Commission to support a regulatory framework which strengthens incentives for orphan medicines research and development in the EU to effectively address these shortcomings;
Amendment 151 #
2021/2013(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to incentivise child specific and first-in-child innovation and to facilitate the repositioning of medicines failing in adults when there is scientific and preclinical rationale;
Amendment 156 #
2021/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls onWelcomes the Commission to develop a mandatory European licence in order to be able to respond rapidly to health's proposal to foster production and investment in Europe as well as to simplify and streamline relevant procedures in order to be able to respond rapidly to health crises; points out that a regulatory framework which supports the open strategic autonomy of the EU will benefit patients also outside times of crises;
Amendment 177 #
2021/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for public investment in R&D to be made transparent and for it to be reflected in product availability and pricingaffordability;
Amendment 182 #
2021/2013(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support pricing models based on real production costs, innovation and value to patients; calls also on the Commission to investigate novel pricing and payment models and their possible impact on patient access to innovative medicines;
Amendment 203 #
2021/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls ononsiders that the Commission to promoteand Member States could consider launching joint public procurement and apply most economically advantageous tender (MEAT) criteria more stringently- procedures in times of health crises, as has been done during the COVID-19 crisis, with simplified and transparent procedures in the interest of improved response times; highlights that joint public procurement should not hinder patient access, medical innovation or competition;
Amendment 209 #
2021/2013(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 220 #
2021/2013(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 231 #
2021/2013(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Points out that small and medium sized enterprises (SMEs) and mid-caps play a crucial role in the pharmaceutical value chain, often as first-movers and drivers of innovation; calls on the Commission to maintain a comprehensive and predictable regulatory framework that fosters the investment and innovation of especially European pharmaceutical SMEs and mid-caps;
Amendment 244 #
2021/2013(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the Commission to address unjustified trade restrictions; points out that trade barriers can harm the accessibility and affordability of medicinal products;
Amendment 246 #
2021/2013(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the Commission and Member States to fully implement the Clinical Trials Regulation; supports a new framework for the design of innovative trials, the simplification of the requirements for the conduct of clinical trials and additional support for the conduct of so-called pragmatic trials and the pilot project to adopt a framework for the reuse of off-patent medicines; welcomes the launch of a vaccine platform to monitor vaccine efficacy and safety, supported by an EU-wide clinical trials network;
Amendment 255 #
2021/2013(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Calls for the prudent implementation of the General Data Protection Regulation (GDPR) with regard to data minimisation, purpose limitation, the secondary use of data as well as on data transfer to third countries to avoid unnecessary restriction for health research and cross-border data sharing;
Amendment 260 #
2021/2013(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Urges the Commission, based on the experience with the authorisation of COVID-19 vaccines, to work with the EMA to consider extending the application of rolling reviews to other emergency medicines; further calls on the Commission to work with the EMA to develop the use of electronic product information for all medicines in the EU;
Amendment 265 #
2021/2013(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Calls on the Commission to develop new- and extend the scope of existing Mutual Recognition Agreements on Good manufacturing practice (GMP) certificates (most importantly on inspections and batch testing) with more countries who have high manufacturing standards; points out that this could make it easier to include sites in third countries in a production supply chain, without giving up European standards to allow for broadening the production capacity in times of crisis.
Amendment 272 #
2021/2013(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8 g. Calls on the Commission and the Member States to screen foreign direct investment in pharmaceutical manufacturing plants, which are part of Europe’s critical health infrastructure;
Amendment 276 #
2021/2013(INI)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8 h. Calls on the Commission to increase its involvement in supporting critical health infrastructure protection in Member States and to start applying the European Programme for Critical Infrastructure Protection to the health infrastructure sector;
Amendment 280 #
2021/2013(INI)
Draft opinion
Paragraph 8 i (new)
Paragraph 8 i (new)
8 i. Whereas the Horizon Europe programme provides essential support for research and innovation; whereas the programme is a key driver of job creation, industrial competitiveness, research and innovation also in the health and pharmaceutical sector;
Amendment 283 #
2021/2013(INI)
Draft opinion
Paragraph 8 j (new)
Paragraph 8 j (new)
Amendment 286 #
2021/2013(INI)
Draft opinion
Paragraph 8 k (new)
Paragraph 8 k (new)
8 k. Stresses that the EU has to build a stronger European Health Union in particular by supporting closer EU cooperation in research and development and by sharing health data;
Amendment 287 #
2021/2013(INI)
Draft opinion
Paragraph 8 l (new)
Paragraph 8 l (new)
8 l. Stresses that R&D is key for the development of innovative medicines, therapies and diagnosis;
Amendment 288 #
2021/2013(INI)
Draft opinion
Paragraph 8 m (new)
Paragraph 8 m (new)
8 m. Highlights that supporting the competitiveness and innovative capacity of the EU’s pharmaceutical industry is crucial;
Amendment 289 #
2021/2013(INI)
Draft opinion
Paragraph 8 n (new)
Paragraph 8 n (new)
8 n. Welcomes the Commission’s Action Plan on Intellectual Property which shall help companies, especially small and medium-sized companies (SMEs), to make the most of their inventions and creations and ensure they can benefit our economy and society and which aims at enabling the European innovative industry to remain a global leader;
Amendment 290 #
2021/2013(INI)
Draft opinion
Paragraph 8 o (new)
Paragraph 8 o (new)
8 o. Fully supports the IP Action Plans proposal to upgrade a series of existing IP tools and make them fit for the digital age, including improving the supplementary protection certificates (SPC) for patented medicinal products among other;
Amendment 291 #
2021/2013(INI)
Draft opinion
Paragraph 8 p (new)
Paragraph 8 p (new)
8 p. Recalls the Council conclusions ‘An EU Industrial Policy Strategy: a Vision for 2030’ of May 2019 recognising that a well-functioning and effective intellectual property rights regime is key to continued development and growth and recalling that it is essential to continue developing, improving and updating the European intellectual property frameworks, so as to ensure that ideas and inventions can be effectively developed and brought to the market, in particular by and for SMEs, to the benefit of the European economy and society at large;
Amendment 292 #
2021/2013(INI)
Draft opinion
Paragraph 8 q (new)
Paragraph 8 q (new)
8 q. Recalls the Commission’s ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ of May 2021 which states that the EU is strategically dependent on third countries regarding pharmaceutical ingredients and other health related products, which could lead to vulnerabilities for the EU and affect the EU’s core interests, and refers to the pharmaceutical strategy to address these issues;
Amendment 293 #
2021/2013(INI)
Draft opinion
Paragraph 8 r (new)
Paragraph 8 r (new)
8 r. Underlines the need to ensure a smart use of IP, and to better fight IP theft, as smart IP policies are essential to help companies to grow, to create jobs and to protect and develop what makes them unique and competitive;
Amendment 294 #
2021/2013(INI)
Draft opinion
Paragraph 8 s (new)
Paragraph 8 s (new)
8 s. Urges to make the IP systemmore effective for SMEs, through actions to simplify IP registration procedures(e.g. reforming EU legislation on industrial designs), to improve access to strategic IP advice (e.g. by making such advice available in all EU-level R&D funding), and to facilitate the use of IP as a lever to gain access to finance;
Amendment 295 #
2021/2013(INI)
Draft opinion
Paragraph 8 t (new)
Paragraph 8 t (new)
8 t. Stresses that investing in research and development is a costly, high-risk endeavour; underlines that patents are intended to offer some guarantee of a return on investment, but the patent system is also designed to balance the interests of inventors with those of the public; repeats therefore that pharmaceutical companies need intellectual property (IP) rights and thus patents to achieve profits and keep innovating also in the interest of the consumers and patients;
Amendment 296 #
2021/2013(INI)
Draft opinion
Paragraph 8 u (new)
Paragraph 8 u (new)
8 u. Underlines that the patent systems all over the world are drafted in a way that for a specific period of time, only for the duration of the patent, the inventor is allowed to commercially exploit its patent. Thereafter, the invention can be freely exploited by anyone;
Amendment 11 #
2021/2005(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the University of Leuven research project of May 2016 “European Works Councils on the Move: Management Perspectives on the Development of a Transnational Institution for Social Dialogue”,
Amendment 25 #
2021/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the voice of workerssocial partnership and collective bargaining between representatives of employees and employers on national level and the social dialogue on European level is a key element of the European Social Model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation, and tripartism are the building blocks of a diverse and socially sustainable future;
Amendment 55 #
2021/2005(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas according to Eurostat, in 2020 EU Member States with well- developed industrial relations systems, working arrangement sand short-working schemes performed better than the EU average and far fewer workers lost their job19a; __________________ 19aEurostat press release, Euro area GDP down by 12.1 % and employment down by 2.8 % (EU 11.8 % and 2.6 %), August 2020.
Amendment 97 #
2021/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2021/2005(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of continuously improving the EU’s and Member States’ education, training and skills policies including vocational training, in particular in order to ensure lifelong learning and training, as well as the upskilling and reskilling for all workers;
Amendment 107 #
2021/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to respect the agreements between European social partners at both cross-industry and sectoral level, in accordance with TFEU Article 154 and 155, and to refrain from unilaterally deciding, in spite of the joint request of those social partners, not to transpose such agreements through a generally binding Council decision;
Amendment 130 #
2021/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to establish the necessary conditions and requirements to ensure that at least 80 % of corporations in the EU are covered by sustainable corporate governance agreements by 203025 while recognising the particular administrative burden for small and medium-sized enterprises; calls, to this end, for the establishment of strategies agreed with workers to positively influence environmental, social and economic development through governance practices and market presence, to strengthen the role of directors in pursuing the long-term interests of their company, to improve directors’ accountability towards integrating sustainability into corporate decision-making, and to promote corporate governance practices that contribute to company sustainability, including corporate reporting, board remuneration, a maximum CEO-to-worker pay ratio, board composition and stakeholder involvement26 ; __________________ 25Commission staff working document of 4 March 2021 accompanying its European Pillar of Social Rights Action Plan (SWD(2021)0046). 26 Ibid.
Amendment 144 #
2021/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to deliver on its commitment to put forward without further delay a directive on binding human rights due diligence and responsible business conduct, including workers’ rights such as the right to organise and collectively bargain, health and safety, social protection and working conditions; stresses that this directive should establish mandatory due diligence covering certain companies’ activities and their business relationships, including supply and subcontracting chains, and should ensure the full involvement of trade unions and workers’ representatives throughout the wholein the establishment and implementation of due diligence processtrategies;
Amendment 151 #
2021/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that introducing and monitoring new digital technologies in the workplace successfully and in a trustworthy manner will have a positive impact on the working environment and will at the same time require timely and meaningful information for and consultation with trade unions and workers’ representatives to ensure full respect for their health, safety, data protection, equal treatment and well-being at work and prevent undue exploitation and surveillance of workers, in particular via management by algorithms; underlines the fact that trade unions and workers’ representatives should have the necessary access and means to assess and evaluate digital technology;
Amendment 171 #
2021/2005(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance of ensuring timely and meaningful information and consultation across the EU before any decisions are made abouton policies or measures with cross-border implications; emphasises thate need of workers’ representatives must have access to the requisite expertise to assess the implications of these cross- border policies and processes for the workforce and companies;
Amendment 195 #
2021/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that many shortcomings in EU law would be overcome by introducing thresholds for a minimum EU standard of board-level representation under this new framework directive; considers, to this end, that workers’ representatives should have the following number/proportion of seats on boards: 2 or 3 seats in small companies with 50 to 250 employees, one third of all seats in companies with 250 to 1 000 employees, and half of all seats in big companies with more than 1 000 employees (within the company and its direct or indirect subsidiaries);
Amendment 203 #
2021/2005(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to guarantee information and consultation rights to ensure that the European Works Council can deliver its opinion’s opinion is taken into account in company decisions and is delivered before consultation is completed at the respective level; calls on the Commission, moreover, to ensure access to justice for special negotiation bodies and European Works Councils, to introduce effective, dissuasive and proportionate sanctions, to include joint ventures, franchise systems and contract management in the scope of the Directive; to secure that “representative agent” and “central management” location are based upon objective criteria, to put an end to exemptions for old, so-called ‘voluntary’ pre-directive agreements after more than 20 years, to introduce sanctions, to consolidate the concept of the ‘transnational character of a matter’ and incorporate it into the European Works Council Directive, to prevent the abuse of confidentiality rules, to strengthen the subsidiarity requirements and to ensure the efficient coordination of information, consultation and participation at local, national and EU levels;
Amendment 421 #
2021/0425(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Promotion of the use of hydrogen in the industry At the early stages of the hydrogen market, Member States shall ensure the prioritisation of hydrogen supply to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 776 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and, electricity operators and sectors of hydrogen priority shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .
Amendment 785 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including investments which are to be realised based on the notification of identified sectors of prioritisation;
Amendment 823 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response enhancing the creation of new hydrogen lead markets, as well as expected consumption following the application of the energy efficiency first principle, the prioritisation of industrial users having the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .
Amendment 281 #
2021/0424(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account security of supply and, the efficiency of the final hydrogen uses and the needs of infrastructure of sectors of prioritisation with the highest CO2 abatement potentials per tonne of consumed hydrogen.
Amendment 295 #
2021/0424(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on Article 51 of [recast Gas Directive as proposed in COM(2021) xxx] as well as security of supply, and sectors of hydrogen prioritisation identified based on the highest CO2 abatement potentials per tonne of consumed hydrogen.
Amendment 539 #
2021/0424(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants and particularly those sectors with the highest CO2 abatement potential per tonne of hydrogen consumed, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established.
Amendment 550 #
2021/0424(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point h
Article 42 – paragraph 1 – point h
(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in prioritised industrial end-users having the highest CO2 abatement potential per tonne of consumed hydrogen, electricity generation or for supplying households;
Amendment 560 #
2021/0424(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c
Article 43 – paragraph 1 – subparagraph 1 – point c
(c) identify investment gaps, notably with respect to cross-border capacities and to the needs of infrastructure for connecting sectors of prioritisation with the highest CO2 abatement potential per tonne of consumed hydrogen.
Amendment 197 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘verifier’ means a legal person different from the competent authorities appointed in accordance with Article 4 of this Regulation which carries out verification activities and which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation, at the time a verification statement is issued;
Amendment 295 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [18 months after the date of entry into force of this Regulation]. This is not necessary if a control mechanism has already been established with the competent authorities.
Amendment 344 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. VeThe competent authoriftiers shall assess the conformity of the emissions reports submitted to them by operators or mine operators in accordance with this Regulation. They shall assess the conformity of the reports with the requirements laid down this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
Amendment 354 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, vethe competent authoriftiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, vethe competent authoriftiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions.
Amendment 357 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 362 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 931 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Methane concentration measurements shall be taken in accordance with appropriate scientific standards and at least on an hourly basis from all elements listed in part 1(vi) of Annex VII which were found to emit methane. If measurements do not show any emissions for three consecutive years, no further action shall be taken.
Amendment 946 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
The reports shall cover the last available calendar year and include the elements set out in Part 3 of Annex VII. This is not necessary if a control mechanism has already been established with the competent authorities.
Amendment 947 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 3
Article 25 – paragraph 3 – subparagraph 3
Amendment 1119 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
Annex VII – Part 1 – paragraph 1 – point v – point 2
2) unused vent pipes , if not part of safety infrastructure.
Amendment 1122 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
Annex VII – Part 1 – paragraph 1 – point v – point 4
Amendment 1124 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
Annex VII – Part 1 – paragraph 1 – point v – point 5
Amendment 169 #
2021/0414(COD)
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission Communication on draft Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (C(2021) 8838);
Amendment 170 #
2021/0414(COD)
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Commission Staff Working Document Impact Assessment Report (SWD(2021 396);
Amendment 218 #
2021/0414(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Platform work may facilitate flexibility and optimisation of resources, and provide opportunities for both people working in or through digital labour platforms and clients, and the matching of demand for and supply of services.
Amendment 220 #
2021/0414(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Innovation in digital tools is a precondition for platform work and can contribute to growth in times of crisis and recovery.
Amendment 221 #
2021/0414(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) Platform work can offer advantages for students and those who wish to combine study and work at the same time, as well as creating access to employment for young people not in education, employment or training (NEETs), and people with lower skill levels;
Amendment 225 #
2021/0414(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. Approximately 5.5 of 28.3 million persons performing platform work in the European Union are estimated to be subject to a certain degree of control.1a While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self- employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status. __________________ 1a Commission Impact Assessment Report, SWD(2021) 396 final
Amendment 241 #
2021/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives, including trade unions, and labour inspectorates do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them.
Amendment 255 #
2021/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, notably Directive 89/391/EEC, information and consultation of workers, notably Directive 2002/14/EC and Directive 2009/38/EC, pregnant workers, work-life balance, fixed- term work, part-time work, posting of workers, information and consultation of workers, among others. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 266 #
2021/0414(COD)
Proposal for a directive
Recital 13
Recital 13
(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations, as well as to ensure the right to participate in collective bargaining in accordance with national law and practice. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.
Amendment 272 #
2021/0414(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, associations of persons performing platform work, experts from academia, Member States and international organisations and representatives of civil society. It is of utmost importance for these consultations to continue after the adoption of this Directive, including social partners at all levels, in order to guarantee the smooth transposition and implementation of the Directive and provide for a timely revision, based on lessons learned.
Amendment 292 #
2021/0414(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation, or to resell goods or services. It should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary component.
Amendment 324 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis, as a result of collective bargaining or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 326 #
2021/0414(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Collective bargaining is a key tool to improve working conditions of persons performing platform work, irrespective of the contractual designation of the relationship. The Commission Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons shall to this end serve as providing useful guidance without prejudice to Member States discretion as regards the scope and form of collective representation.
Amendment 329 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore, should the determination of an employment relationship of a person performing platform work be disputed in a legal or administrative proceeding, contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should not lead to an automatic determination of all persons performing platform work as platform workers to be in an employment relationship and should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.
Amendment 353 #
2021/0414(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance in the form of concrete and practical recommendations and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 374 #
2021/0414(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, tsuch proceedings should have a suspensive effect on the application of the legal presumption. The digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
Amendment 387 #
2021/0414(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work, including trade unions, and to national labour authorities at their request, in order to enable them to exercise their functions.
Amendment 395 #
2021/0414(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets or is protected by intellectual property rights or which would with reasonable certainty result in the enabling of deception of consumers or consumers harm through the manipulation of the system without prejudice to Directive (2016/943). However, the result of those considerations should not be a refusal to provide all the information required by this Directive.
Amendment 401 #
2021/0414(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are processed in a lawful, fair and transparent manner. Digital labour platforms should therefore not be allowed to process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform. Article 6(5) of this Directive provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. Digital labour platforms should not under any circumstances provide for discriminatory practices when processing personal data.
Amendment 409 #
2021/0414(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time and in line with Article 12 of Regulation EU (2016/679). Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible, provide adequate compensation.
Amendment 411 #
2021/0414(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Article 20 of Regulation (EU)2016/679 lays down the right of data subjects, including persons performing platform work, to have the personal data transmitted directly from one controller to another, where technically feasible.
Amendment 427 #
2021/0414(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work, including trade unions, in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration.
Amendment 434 #
2021/0414(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Representatives of persons performing platform work, including trade unions, should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisals.
Amendment 448 #
2021/0414(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Automated monitoring and decision-making systems used in the context of platform work involve the processing of personal data and affect the working conditions and rights of persons performing platform work. They therefore raise issues of data protection law as well as labour and social protection law. Data protection supervisory authorities and relevant labour and social protection authorities should therefore cooperate in the enforcement of this Directive, including by exchanging relevant information with each other, including in cross-border situations, without prejudice to the independence of data protection supervisory authorities.
Amendment 457 #
2021/0414(COD)
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Member States should take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.
Amendment 474 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 a (new)
Article 1 – paragraph 2 – subparagraph 1 a (new)
This Directive shall be without prejudice to the autonomy of social partners and their right to negotiate and conclude collective agreements in accordance with national law and practice.
Amendment 539 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets or to resell goods or services. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.
Amendment 574 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. TShould the determination of the employment status of a person performing platform work be disputed in a legal or administrative proceeding in accordance with national legislation and practices, the contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.
Amendment 588 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The legal presumption shall not lead to an automatic determination of all persons performing platform work to be in an employment relationship and shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption. determine if the contractual relationship is legally presumed to be an employment relationship within the meaning of paragraph 2, and be able to rely on that presumption. To this end, the digital labour platforms shall be required to assist the competent authorities, notably by providing all relevant information held by it.
Amendment 625 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work, excluding measures or rules required by existing EU, national and local law to safeguard data protection and the health and safety of persons performing platform work and the recipients of the service provided;
Amendment 655 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectively restricting the possibility to build a client base or to perform work for any third party, excluding measures or rules required by national law or collective agreements.
Amendment 660 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
Amendment 680 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance in the form of concrete and practical recommendations for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;
Amendment 714 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) develop precise recommendations providing guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;
Amendment 757 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Such proceedings shall have suspensive effect on the application of the legal presumption.
Amendment 779 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152 and 2009/38/EC, Member States shall require digital labour platforms to inform persons performing platform workers of:
Amendment 809 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Digital labour platforms shall not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumers harm through the manipulation of the system, without prejudice to Directive (EU) 2016/943.
Amendment 828 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d a (new)
Article 6 – paragraph 5 – point d a (new)
(da) under any circumstances provide for discriminatory practices when processing personal data.
Amendment 887 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Where platform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, they shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one weekmonth of receipt of the request.
Amendment 891 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that the deadline for reply referred to in the first subparagraph is extended to two weekmonths.
Amendment 899 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States shall ensure the right of persons performing platform work to data portability, right to erasure, in accordance with Article 20 of Regulation (EU) 2016/679.
Amendment 941 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work, including trade unions, exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:
Amendment 956 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Labour, social protection and other relevant authorities and representatives of persons performing platform work, including trade unions, shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.
Amendment 972 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work, including trade unions, or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.
Amendment 975 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Representatives of persons performing platform work, including trade unions, shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.
Amendment 999 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Article 6, Article 7(1) and (3) and Articles 8 and 10 of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679. They shall be competent to impose administrative fines up to the amount referred to in Article 83 (4) and (5) of that Regulation.
Amendment 1005 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including in cross-border situations, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.
Amendment 1022 #
2021/0414(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Collective bargaining Member States shall take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.
Amendment 178 #
2021/0211(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use, or they are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 331 #
2021/0211(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In order to reflect the actual technological progress within installations included in product benchmarks with consideration of fuel and electricity exchangeability in Commission Implementing Regulation (EU) 2021/447 and where the share of indirect emissions is higher than 50 % of the relevant product benchmarks, the update of such benchmarks for the periods as of 2026 should not be affected by the evolution of the carbon intensity of the electricity mix.
Amendment 390 #
2021/0211(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 805 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %5,09 % until 2030. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 929 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
Amendment 955 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2b
Article 10a – paragraph 1 – subparagraph 2b
Amendment 1012 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
Amendment 1031 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 2
Article 10a – paragraph 1a – subparagraph 2
Amendment 1058 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
Article 10a – paragraph 1a – subparagraph 3
The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be appliedport by the Commission shall be accompanied by a legislative proposal to amend this article in view of gradually phasing out free allocation after 2030proportionally to the proven level of effectiveness of the CBAM.
Amendment 1070 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation in relation to the production of products listed in Annex I of Regulation [CBAM] in accordance with Article 10a(8).;
Amendment 1084 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a – paragraph 2 –subparagraph 3– point c
Article 10a – paragraph 2 –subparagraph 3– point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.; The annual reduction rate calculated pursuant to the previous sub-paragraph shall not include in its calculation installations that were operational in the period referred to the first sub-paragraph of Article 10a(2) when such installations are added in the product benchmark as a result of the modification of benchmark definitions and system boundaries pursuant to Article 10a(1), fifth subparagraph;
Amendment 1095 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.; By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fall back benchmarks shall remain at 1,6 % .
Amendment 1132 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive 2003/87/EC
Article 10a – paragraph 5a
Article 10a – paragraph 5a
(d a) paragraph 5a is replaced by the following: "5a. By way of derogation from paragraph 5, an additional amount of up to 35 % of the total quantity of allowances shall, to the extent necessary, be used to increase the maximum amount available under paragraph 5. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)Where the maximum amount available under paragraph 5 and as increased pursuant to the previous subparagraph is not sufficient to avoid the application of the uniform adjustment, unallocated allowances from the market stability reserve shall be used to the extent necessary." Or. en
Amendment 1148 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a - paragraph 6 - subparagraph 1
Article 10a - paragraph 6 - subparagraph 1
Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
Amendment 1335 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use. , and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
Amendment 1630 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
(14a) in Article 11(1), the second subparagraph is replaced by the following: "A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2019, and lists for each subsequent period of five years shall be submitted every five years thereafter. For each allocation period beginning on 1 January 2026 and thereafter, free allocation shall be calculated according to the median of the activity level of the five calendar years referred to in the previous sentence. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)”; Or. en
Amendment 203 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
Amendment 302 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – introductory part
Article 1 – paragraph 1 – point 10 – introductory part
(10) Article 15 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. The Commission shall, in 2028, at the latest, thoroughly review the effectiveness and impact of this Regulation, building on the two yearly reporting, and submit a report toand submit a report to the European Parliament and to the Council with the result of the review. The report shall, where appropriate, be accompanied by a proposal for amending this Regulation.’ (b) paragraph 2 is replaced by the following: ‘2. In the report referred to in paragraph 1, the Commission shall consider, inter alia, the real-world representativeness of the CO2 emission and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007; the deployment on the Union market of zero- and low-emission vehicles, in particular with respect to light commercial vehicles; the roll-out of recharging and refuelling infrastructure reported under Regulation (XXX) of the European Parliament and tof the Council with the result of the review. The report shall, where appropriate, be accompanied by a proposal for amending this Regulationon the deployment of alternative fuels infrastructure , including their financing; the implementation of the Energy Performance of the building Directive 2010/31/EU and its foreseen review; the potential contribution of the use of synthetic and advanced alternative fuels produced with renewable energy to emissions reductions; the CO2 emissions reduction actually observed at the existing fleet level; the functioning of the incentive mechanism for zero- and low-emission vehicles; the potential effects of the transitional measure set out in point 6.3 of Part A of Annex I; the impact of this Regulation on consumers, particularly on those on low and medium incomes; as well as aspects to further facilitate an economically viable and socially fair transition towards clean, competitive and affordable mobility in the Union. The Commission shall, in that report, also identify a clear pathway for further CO2 emissions reductions for passenger cars and light commercial vehicles beyond 2030 in order to significantly contribute to achieving the long-term goal of the Paris Agreement.’ (c) paragraph 3 is replaced by the following: ‘3. The report referred to in paragraph 2 shall be accompanied by a proposal for the introduction of binding emissions reduction targets for 2035 and 2040 for passenger cars and light commercial vehicles to ensure the timely transformation of the transport sector towards achieving net-zero emissions in line with the objectives of the Paris Agreement.’ (bd) paragraphs 2 to 5 are deleted; the following paragraph 9 is added: ‘9. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to amend the formula set out in Part B of Annex I, where such amendments are necessary in order to take into account the procedure for multi- stage N1 vehicles set out in Part A of Annex III.’ (c) the following paragraph 9 is added: ‘9. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to amend the formulae set out in Part B of Annex I, where such amendments are necessary in order to take into account the procedure for multi-stage N1 vehicles set out in Part A of Annex III.’;
Amendment 334 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – part A – point 6.1.3
Annex I – part A – point 6.1.3
Amendment 370 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – part A – point 6.3.3
Annex I – part A – point 6.3.3
Amendment 388 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – part B – point 6.1.3
Annex I – part B – point 6.1.3
Amendment 193 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 1
Article 19b – paragraph 2 – subparagraph 1
2. The sustainability reporting standards referred to in paragraph 1 shall require that the information to be reported is understandable, accessible in particular for persons with disabilities relevant, representative, verifiable, comparable, and is represented in a faithful manner.
Amendment 204 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point i a (new)
Article 19b – paragraph 2 – subparagraph 2 – point b – point i a (new)
(ia) the recognition of trade unions, existence of collective agreements and the coverage of workers therein;
Amendment 325 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 2500 workers or lower, only if already defined at a national level, should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker- related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 470 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness.
Amendment 573 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 590 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Remuneration provisions enshrined in collective agreements that are binding upon the employer shall be subject to a presumption of appropriateness. Activities that are assigned to different remuneration brackets, based on these provisions, shall be seen as not being equal work or work of equal value, as long as the provisions are not in breach of paragraph 5 of this Article.
Amendment 635 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of employers who are bound by collective wage agreements, a reference to the applicable collective wage agreement shall suffice as information.
Amendment 677 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers or lower if defined at a national level, shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5: For employers bound by applicable agreements at sectoral level a presumption of appropriateness shall apply with regard to the implementation of reporting requirements in this article
Amendment 734 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. In the case of employers who are bound by collective wage agreements, a reference to the relevant collective wage agreement shall suffice.
Amendment 746 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6. In the case of employers who are bound by collective wage agreements, the obligations in this paragraph shall apply only every five years.
Amendment 797 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers or lower if already defined at a national level, conduct, in cooperation with their workers’ following a joint agreement between social partners and in cooperation with workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 821 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness. They are excluded from the obligations in this Article.
Amendment 99 #
2020/2244(INI)
Motion for a resolution
Recital O
Recital O
O. whereas, contrary to the crowding- out hypothesis that has prevailed in economic thinking for the last three decades, public investment and its crowding-in effects should play a central role in this new economic paradigm; whereas investments and reforms should also focus on digital skills and educational and vocational training for all in order to have a positive impact on social cohesion, which is a pre-condition for economic growth, job creation and employment;
Amendment 103 #
2020/2244(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas cohesion policy, as the EU’s main investment policy for social, economic and territorial development, has demonstrated its effectiveness in reducing inequalities and regional differences, in particular regarding the poorest regions;
Amendment 105 #
2020/2244(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
O c. whereas the green transition and the digitalisation of the economy will involve substantial economic diversification and transformation of business models and policymaking; whereas that will create new opportunities as well as significant socio-economic challenges in many regions and industrial sectors; whereas the EU needs a common strategy to accompany workers and businesses concerned in order to ensure that no one is left behind;
Amendment 129 #
2020/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to reform the financial legal framework and the European Semester process in order to strengthen democratic accountability and the involvement of the European Parliament; stresses that the social progress objectives regarding social welfare systems and quality employment must be shielded from the application of macroeconomic conditionality;
Amendment 166 #
2020/2244(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that fiscal flexibility to support investment in social rights is vitalimportant, as is the mainstreaming, effectively and at all stages, of all principles enshrined in the EPSR; demands that any proposed fiscal measures be ex-ante assessed and monitored against the provisions of Article 9 of the TFEU to evaluate their social impact, and that they only be considered when they will be beneficial for upward social convergence and increasing wellbeing standards in Member States;
Amendment 186 #
2020/2244(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to develop a quality employment package, including legislative initiativesinitiatives contributing and supporting Member States actions in the field taking into account diverse forms of national practices and the role of social partners and collective bargaining aimed at improving wages and protecting decent working conditions for all, with a particular focus on telework, the right to disconnect, mental well-being at work, occupational health and safety, the rights of platform workers, ensuring quality jobs for essential workers, and strengthening democracy at work and the role of the social partners and collective bargaining;
Amendment 190 #
2020/2244(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that Members States should also focus on innovation and investments for improved connectivity and artificial intelligence methods and systematic deployment of 5G and Gigabit infrastructure along urban and rural households and large-scale transport corridors in line with EU’s 2025 5G and Gigabit connectivity objectives;
Amendment 218 #
2020/2244(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that implementing the EU skills agenda equitably is critical for promoting health systems and tackling skills shortages for people in new fields of work; warns, however, that a skills agenda is not enough to tackle the increasing precariousness and in-work poverty in the EU labour market; calls on the Commission and the Member States to maximise their efforts to invest in affordable, accessible, inclusive and high- quality vocational education and training, to reinforce upskilling and reskilling measures, including digital and transferable skills, and to promote lifelong learning to prepare workers for the needs of the labour market affected by the green and digital transformations; takes the view that the mutual recognition of qualifications will be beneficial for overcoming skills shortages and skills mismatches;
Amendment 240 #
2020/2244(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to analyse brain drains in certain regions and sectors, and to support mobile workers by ensuring fair mobility and strengthening the portability of rights and entitlements; underlines that the digitalisation of public services can help to facilitate fair labour mobility, particularly with regard to the coordination of social security systems;
Amendment 245 #
2020/2244(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and the Member States to ensure a growth- friendly investment climate and to support SMEs and their employees in the transition to a more digital and greener economy, and to give adequate consideration to the interests of SMEs in the policy making process by analysing the possible effects of policies on SMEs; highlights the importance of improving access for SMEs to public and private funding, including microcredits and crowdfunding, and reducing unnecessary regulatory burdens;
Amendment 246 #
2020/2244(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that fairness conditions must be establishshould be considered for companies that wish to access public funds and support in order to avoid such support going to companies based in tax havens, to those without significanta jurisdiction referred to in Annex I to Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes1a, should not subvert collective bargaining, workers’ participation in company matters or codetermination, or those without a ban on bonuses to limit CEO and top executive remuneration;or codetermination in company decision-making processes in accordance with national law and practice, and should be conditional on maintaining the same level of working and employment conditions and rights, including protection against dismissals and reductions in wages, no bonuses to managers or dividends to shareholders; _________________ 1a OJ C 64, 27.2.1010, p. 8
Amendment 24 #
2020/2079(INI)
Motion for a resolution
Citation 69 a (new)
Citation 69 a (new)
- having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis2, ______________________________ 2 Text adopted, P9_TA(2020)0176.
Amendment 158 #
2020/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that in the current crisis, the Stability and Growth Pact has proven to be inadequate, not allowing Member States the fiscal spac Member States remain fully committed to the Stability and Growth Pact and welcomes their decision to make use of the general escape clause to ensure they need to absorb imbalances and mitigate the social consequences, which maded flexibility to take all necessary measures to support the the activation of the escape clause necessary; demands that social and ecological objectives be given the same legal enforceability as fiscal consolidation and financial stabilityalth of the European citizens and civil protections systems and to stabilise the European social market economy; asks for better integration and strengthening of the role of the social and ecological objectives;
Amendment 185 #
2020/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Next Generation EU, the EU’s recovery plan; calls on the Member States to make use of the general escape clause and invest in people and social welfare systems, without endeavouring fiscal sustainability and remaining committed to respect the Stability and Growth Pact; calls for specific social progress plans to ensure more effective and stronger welfare states;
Amendment 214 #
2020/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in tax havens;he countries listed in the Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; 1a __________________ 1aCouncil conclusions (6129/20) on the revised EU list of non-cooperative jurisdictions for tax purposes of 18 February 2020
Amendment 223 #
2020/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to improve the scoreboard by integrating further indicators and clear targets reflecting all 20 principles of the EPSR, and to develop mandatory social targetsbuild upon existing indicators and reinforce the scoreboard by reflecting all 20 principles of the EPSR;
Amendment 237 #
2020/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the increased rate of unemployment, which will especially affect youth and workers in low- skilled positions and precarious employment; calls on the Commission to elaborate on the possibility of proposeing a permanent EU unemployment reinsurance scheme and a more effective and inclusive Youth Guarantee with high-quality offers of work, training and education; calls on the Member States to adequately invest in effective active labour market policies to prevent long-term unemployment;
Amendment 254 #
2020/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the successful implementation of the EU Recovery Plan requires a proper social dialogue at all levels and effective involvement of the social partners; calls on the Commission and Member States to support capacity building of the social partners in order to strengthen social dialogue and collective bargaining;
Amendment 284 #
2020/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to propose legal instruments to ensure decent working conditions for all workers, strengthen collective bargaining coverage, ban zero- hour contracts, end bogus self- employment, set strict limits on subcontracting practices, and improve social protection standards; calls on the Commission to present a European directive on decent working conditions for platform workers and, non-standard workers and workers in precarious forms of employment;
Amendment 289 #
2020/2079(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is concerned about the working and living conditions of seasonal workers and other cross-border workers in the low-wage sector; calls for an EU-wide subcontractor liability in certain sectors like agriculture and meat industry, especially in the case of on-site work contracts, and clear rules on subcontracting practices in general;
Amendment 290 #
2020/2079(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Acknowledges the crucial role of European carers during the pandemic; calls for a European carers’ strategy to ensure fair labour mobility in this sector and improve working conditions for carers;
Amendment 303 #
2020/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an EU teleworking agenda, including a legislative proposalframework to ensure decent working conditions including respect for working hours, leave and the right to disconnect;
Amendment 306 #
2020/2079(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Pays attention to the fact that flexible working arrangements and tele- working also play an important role in preserving jobs and production and are one of the key factors in supporting better work-life balance;
Amendment 313 #
2020/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the Commission to put forward a proposal for a digital EU Social Security Number to facilitate fair labour mobility;
Amendment 316 #
2020/2079(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned about limited intergenerational social mobility and increasing income inequality; stresses that national tax and benefit systems must be designed in a way that reduces inequalities, promotes fairness and provides incentives for labour market participation; Therefore, taxation should be shifted away from labour towards other sources where it will have a less harmful effect on inclusive growth and at the same time ensure the full alignment with the United Nations Sustainable Development Goals and the climate and environmental objectives as defined in the European Green Deal;
Amendment 331 #
2020/2079(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to present an EU child guarantee in 2020, a rights- based,as soon as possible, a comprehensive and integrated anti- poverty strategy, an EU framework on national homelessness strategies, to conduct a comparative study on the different minimum income schemes in the Member States, and to highlight best practice cases with a view to presenting a framework in this regard;
Amendment 379 #
2020/2079(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to update the Skills Agenda for Europe in order to meet the skills requirements of the EU labour market and of the ecological and digital transition; underlines that supporting adequate skills with emphasis on digital skills will improve the productivity and resilience of the labour force easing the ecological and digital transition towards a greener and smarter economy;
Amendment 403 #
2020/2079(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to actively promote the development of the circular and social economy, foster social innovation, social enterprises and strengthen their sustainability, and encourage those forms of work which create quality job opportunities;
Amendment 22 #
2020/2076(INI)
Draft opinion
Recital C
Recital C
C. whereas digitalisation and artificial intelligence according to the principles of the Green Deal and the SDG’s are crucial for all industry sectors, increasing competitiveness, creating job opportunities and economic prosperity;
Amendment 43 #
2020/2076(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
E a. whereas COVID-19 had an enormous impact on the organisation of work and jobs, and increases the need for a new industrial strategy;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that EU industrial policy must be in line with the European Pillar of Social Rights and efficiently address the social consequences of structural change and the need to continue implementing its principles, in order to support fair working conditions and equal opportunities, as well as access to well-functioning labour markets and welfare systems; Stresses the urgent need to diversify global supply chains and make them more sustainable and transparent.
Amendment 173 #
2020/2076(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stress the need for a strong social component in the industrial EU strategy and a fair digitalisation of the industry. The New Industrial Strategy should guarantee adequate support for quality work environment, good working conditions and decent work. This requires measures to adequate support for workers in this transition with a focus on employability and well-being. This requires investments in not only technology driven innovations but also in human centred social dialogue and social innovation.
Amendment 17 #
2020/2020(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. Whereas the freedom to provide services is crucial to the Single Market;
Amendment 52 #
2020/2020(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Taking into account the vulnerable position of workers during the COVID-19 pandemic, free movement of services should not lead to a decline of labour conditions, health and safety of workers.
Amendment 56 #
2020/2020(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. Whereas the free movement of services should follow the principles of the European Pillar of Social Rights and should not affect the further implementation of the Pillar.
Amendment 132 #
2020/2020(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources. Urges the Commission to make the European Labour Authority fully operational as soon as possible to ensure a better coordination between the national labour inspectorates and to tackle cross- border social dumping.
Amendment 15 #
2020/2012(INL)
Draft opinion
Recital B
Recital B
B. Wwhereas AI offers economic and societal benefits, while at the same time raising a number of challenges; Whereas AI offers economic and societal benefits, while at same time raising a number of challenges and that new AI applications should not have a negative impact on the current labour conditions;
Amendment 44 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need to thoroughly assess the effects or implications of AI applications in companies and in public administration in relation to workers, jobs and workflows; considers it indispensable as part of this assessment that workers and their representative social partners are consulted and receive sufficient information before AI applications are put to use; considers it necessary that training be provided to all concerned employees when new AI technologies are introduced at the workplace;
Amendment 65 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that AI solutions have the potential to improve working conditions and the quality of life, yet they can also lead to disproportionate and illegal surveillance of workers, discriminatory treatment due to biased algorithms, including gender biased algorithms3 - and they can undermine the dignity and autonomy of people; AI algorithms at the workplace should be fair, transparent and respecting social implications for the workers concerned. __________________ 3 European Parliament “Education and employment of women in science, technology and the digital economy, including AI and its influence on gender equality”, April 2020
Amendment 110 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a legislative framework on the ethical aspects of AI applications in the workplace, especially with regard to workers’ rights and working conditions; points out the necessity for this legislative framework to be in line with the rules of protection of personal data and respect privacy of the workers;
Amendment 35 #
2020/0289(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 70 #
2020/0289(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) National measures, such as those granting state aid, can be challenged before the national courts, as the authority competent to grant the aid is an institution or body of a Member State. Considering the delimitation of competences between the Union and its Member States, Commission decisions concerning state aid are limited to controlling compatibility with the internal market within the meaning of Article 107(3)(c) TFEU and are amenable to judicial review under Article 263 TFEU and under Article 267 TFEU.
Amendment 87 #
2020/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘administrative act’ means any non- legislative act of individual scope adopted by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 15 #
2020/0262(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC of the European Parliament and the Council45 aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace. A consistenthigh level of protection from the risks related to the occupational exposure to carcinogens and mutagens is provided for in that Directive by a framework of general principles to enable Member States to ensure the consistent application of minimum requirements. The aim of these minimum requirements is to protect workers at Union level. More stringent provisions can be set by Member States. __________________ 45 Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).
Amendment 20 #
2020/0262(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 10 of the European Pillar of Social Rights46 , jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit for Fair Jobs and Growth on 17 November 2017, provides workers’ right to a high level of protection of their health and safety at work, which includes the protection from the exposure to carcinogens and mutagens at the workplace, irrespective of the arrangements for, and duration of employment and exposure. __________________ 46European Pillar of Social Rights, November 2017, available at : https://ec.europa.eu/commission/sites/beta- political/files/social-summit-european- pillar-social-rights-booklet_en.pdf
Amendment 24 #
2020/0262(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Binding occupational exposure limit values are important component of the general arrangements for the protection of workers established by Directive 2004/37/EC and must not be exceeded. Limit values and other directly related provisions should be evidence-based and measurable, being established for all those carcinogens or mutagens for which the available information, including updated scientific and technical data, make this possible.
Amendment 36 #
2020/0262(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the lightThe Commission should review it on a regular basis and make legislative proposals if appropriate. New binding limit values should be set out in Directive 2004/37/EC. Binding occupational exposure limit values should be evidence-based and measurable, being established on the basis of available information, including newupdated scientific and technical data, economic feasibility of implementation and compliance and should also be based on a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH) and monographs of the International Agency for Research on Cancer (IARC1a). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens.
Amendment 59 #
2020/0262(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In implementing this Directive Member States should take the everyday existence of small and medium-sized enterprises (SMEs) into account. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments. While maintaining equal protection levels for all the workers, compliance for SMEs and microenterprises should be facilitated; against this background, specific measures such as incentives and digital tools could help them to better comply with the obligations laid down in the Directive 2004/37/EC. In that regard, the social partners should exchange best practices.
Amendment 63 #
2020/0262(COD)
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Articles 153, 154 and 155 TFEU establish the scope and authority of the social partners to negotiate and enforce agreements relating to occupational health and safety and the Charter of Fundamental Rights of the European Union guarantees, in particular, the fundamental right to life (Article 2) and the right to fair and just working conditions with respect to health, safety and dignity (Article 31(1)).
Amendment 90 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1z (new)
Article 1 – point -1z (new)
Directive 2004/37/EC
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2
Amendment 21 #
2020/0101(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy and employment, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche of the additional resources.
Amendment 26 #
2020/0101(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to allow maximum flexibility to Member States for tailoring crisis repair actions in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, allocations should be established by the Commission at Member State level. Furthermore, the possibility for using any additional resources to support aid for the most deprived should also be provided for. In addition, it is necessary to establish ceilings concerning the allocation to technical assistance at the initiative of the Member States while allowing maximum flexibility to the Member States as to its allocation within operational programmes supported by the ERDF or the ESF. It should be clarified that there is no need to respect the ESF minimum share for the additional resources. Taking account of the expected quick spending of the additional resources, the commitments linked to those additional resources should only be decommitted at the closure of the operational programmes.
Amendment 42 #
2020/0101(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations, support to youth employment measures, education and training, skills development and to enhance access to social services of general interest, including for children and elderly people. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
Amendment 53 #
2020/0101(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society and social partners, in accordance with the partnership principles.
Amendment 82 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92b – paragraph 8– subparagraph 4
Article 92b – paragraph 8– subparagraph 4
For the ESF, the additional resources shall primarily be used to support job maintenance, including through short-time work schemes and support to self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support job creation, in particular for people in vulnerable situations, youth employment measures, education and training, skills development, in particular to support the twin green and digital transitions, and to enhance access to social services of general interest, including for children and elderly people.
Amendment 130 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 203 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans. The transfer of money from the ERDF and the ESF+ to the JTF resources has to be excluded.
Amendment 373 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ resources to the JTF has to be excluded.
Amendment 25 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administration,
Amendment 28 #
2019/2975(RSP)
Citation 5 a (new)
- having regard to the General Comments of the UN Convention on the Rights of Persons with Disabilities, as the authoritative guidance on the implementation of the UN CRPD,
Amendment 42 #
2019/2975(RSP)
Citation 20 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of disabled women,
Amendment 47 #
2019/2975(RSP)
Citation 21 a (new)
- having regard to the study of the European Parliament Policy Department C of 2016 on European Structural and Investent Funds and people with disabilities in the European Union,
Amendment 48 #
2019/2975(RSP)
Citation 22
— having regard to the Annual Report 2018 of the European Ombudsman, and specifically her strategic inquiries into how the European Commission ensures that disabled people can access its websites (OI/6/2017/EA), how the European Commission treats disabled people under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA), and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 59 #
2019/2975(RSP)
Citation 28 a (new)
- having regard to the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provision on the European Structural and Investments Funds, particularly to articles 4, 6 and 7 12
Amendment 88 #
2019/2975(RSP)
Recital F a (new)
Amendment 93 #
2019/2975(RSP)
Recital F b (new)
F b. whereas article 19 of the UN CRPD states that "States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community";
Amendment 109 #
2019/2975(RSP)
Recital G a (new)
G a. whereas a considerable proportion of the four million people experiencing homelessness every year have disability, having been largely overlooked as a target group of the UNCRPD and the EU Disability Strategy;
Amendment 168 #
Amendment 177 #
2019/2975(RSP)
Paragraph 2 – indent 4 a (new)
- reflecting the guidance and interpretation of the UNCRPD given by the General Comments of the UNCRPD Committee, including definitions of the key terms,
Amendment 196 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
Amendment 200 #
2019/2975(RSP)
Paragraph 2 – indent 5 b (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face, and in particular the challenges faced by women, girls, children, older and LGBTI disabled people, as well as persons from racial and ethnic minorities.
Amendment 202 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- setting new rules for the European Union Aviation Safety Agency (EASA) and the International Air Transport Association (IATA) in order to protect the rights of the disabled passengers concerning the safety of the integrity of both their body and equipment when transferred, and the recognition of the need for extra seats in cases of a personal assistant or laying,
Amendment 203 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- regarding the accessibility of buildings, transportation and media;
Amendment 205 #
2019/2975(RSP)
Paragraph 2 – indent 6 a (new)
- by creating mechanisms for the coordination of portability and adaptability of benefits and services for the disabled people between Member States inside the EU;
Amendment 274 #
2019/2975(RSP)
Paragraph 6
6. Stresses the need for continuous monitoring of the implementation of the UNCRPD; calls for the collection of robust, disaggregated, comparable data on the situation of persons with disabilities to facilitate proper monitoring of progress; urges the Commission to provide adequate resources to the EU CRPD Framework to enable it to perform its functions independently and adequately;For that purpose, calls for:
Amendment 282 #
2019/2975(RSP)
Paragraph 6 – indent 1 (new)
- the collection of robust, disaggregated, comparable data on the situation of disabled people to facilitate proper monitoring of progress,
Amendment 285 #
2019/2975(RSP)
Paragraph 6 – indent 3 (new)
- a flexible mechanism that can provide incentives for the optimal implementation of the CRPD. To that extent, commends initiatives like the Access City Awards and calls for relevant initiatives on the national level;
Amendment 318 #
2019/2975(RSP)
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds, in a specific time period of five years, will not contribute to the construction or refurbishment of institutional care settings or any other kind of settings that could easily turn into an institution;
Amendment 327 #
2019/2975(RSP)
Paragraph 8 a (new)
8 a. Calls on the Commission to examine the possibility of legislative and non-legislative proposals regarding the Independent Living strategy that reflects the European Way of Life for the disabled people, by mainstreaming best practices - concerning Independent Living and Personal Assistance, - regarding the assistance for starting a family, - in the field of employment, - in removing all barriers (physical, intellectual, psychological, financial), that prevent disabled people from accessing quality and affordable healthcare services, and provide information in accessible formats, especially for people with lifelong disabilities, - in familiarising disabled and non- disabled people with the social model of disability and combating all stereotypes, like in the area of sexuality, through the development of campaigns and cooperation with the creative industries;
Amendment 364 #
2019/2975(RSP)
Paragraph 9
9. Calls on the Commission to develop a comprehensive campaign in accessible format to raise awareness of the UN CRPD among the persons with disabilitiesdisabled people and the society in general, and promote, coordinate and create educational material that can be used by the national systems;
Amendment 381 #
2019/2975(RSP)
Paragraph 9 c (new)
9 c. Calls on the Commission to create, in cooperation with the private sector, one portal that collects all the instruments provided for the optimal social participation of disabled people,
Amendment 395 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the Commission to ensure that the post-2020 Strategy will specially promote guaranteed access to employment, trainings, inclusive education, to affordable quality healthcare services, to digital services, to sport activities for disabled people;
Amendment 424 #
2019/2975(RSP)
Paragraph 11
11. Calls on the European Commission and all Member States to ratify the Optional Protocol of the UNCRPD;
Amendment 19 #
2019/2212(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas according to the social scoreboard accompanying the European Pillar of Social Rights, labour market and social trends in the EU continue to be positive for 9 out of 14 headline indicators;
Amendment 20 #
2019/2212(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas employment continues to increase and 241.9 million people were in employment in the EU in the third quarter of 2019, the highest level ever reached;
Amendment 21 #
2019/2212(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas unemployment reached a record low 6.3% in the third quarter of 2019;
Amendment 23 #
2019/2212(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the employment rate of older workers (55-64) increased to 58.7 % in 2018; whereas older workers continue to be the main driver of employment growth; whereas the lack of adequate care services is a barrier to keeping older workers, especially women, in the labour market;
Amendment 61 #
2019/2212(INI)
Motion for a resolution
Recital F
Recital F
F. whereas income inequalities remain at a high level; whereas wage austerity as well as tax and labour cost competition are harmful for the single marketeconomic crises have led to and increase inequalities and the vulnerability of low wage earnerd number of low wage earners throughout many Member States; whereas intergenerational social mobility is limited in most Member States;
Amendment 92 #
2019/2212(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas homelessness has increased over the last decade in most Member States and poor households are increasingly overburdened by rising housing costs; whereas housing and assistance for the homelessness is one of the priorities within the European Pillar of Social Rights;
Amendment 143 #
2019/2212(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned that rates of unemployment and long-term unemployment are still high in some Member States; calls for a new financial instrument to tackle long-term unemployment by providing financial support for measures and projects in regions with above-average long-term unemploymentthe strengthening of existing funds like the European Social Fund Plus to tackle long-term unemployment and for a strong Just Transition Fund for regions that will suffer the consequences of the energy transition and the fight against climate change;
Amendment 204 #
2019/2212(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 226 #
2019/2212(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for an strong and integrated response to tackle the lack of affordable housing, poor housing conditions, housing exclusion and homelessness;
Amendment 244 #
2019/2212(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Acknowledges that many traditional jobs are being replaced by new jobs due to digitization; calls on Member States to provide more vocational training in order to keep workers in risk of losing their jobs in the labour market;
Amendment 268 #
2019/2212(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to strengthen the regulation of new forms ofAcknowledges that the number of workers engaged in new forms of employment like platform economies are continuously rising; calls on the Commission to carry out an impact assessment and based on the outcome propose measures that strengthen the rights of platform workers and improve their working conditions of platform workers;
Amendment 329 #
2019/2212(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that decisive support is needed for society, workers and businesses to face the challenges of climate change and the transition to carbon neutrality; calls on the Commission and the Member States to ensure adequate social and environmental investment for a true ‘just transition’, the implementation of the EPSR and the achievement of the SDGs, by exempting social spending from the euro area fiscal rules and thereby allowing more investment in human capital, skills and health;
Amendment 337 #
2019/2212(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the Commission's announcement to launch a wide public consultation with all the relevant stakeholders to examine the possible directions of development of EU fiscal rules;
Amendment 44 #
2019/2188(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women in EU-27 earn 15% less than men on average8; whereas the average gender employment gap stands at 11,5% with women more affected by flexible work forms, atypical and flexible contracts (part-time work, temporary work); __________________ 8 https://www.europarl.europa.eu/news/en/he adlines/society/20200227STO73519/gende r-pay-gap-in-europe-facts-and-figures- infographic
Amendment 62 #
2019/2188(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas research8a shows that the amount a household receives from a minimum wage tends to be sufficient to protect a single adult against the risk of poverty, but it is often not sufficient to support more than one person; __________________ 8aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 114 #
2019/2188(INI)
Motion for a resolution
Recital K
Recital K
K. whereas coverage is declining in OECD countries, and in at least 14 EU Member States one in every two employees works without a wage agreement; whereas only seven Member States have a collective bargaining coverage rate above 80%16 ; whereas the decline was most rapid in those countries where collective bargaining was the target of structural reforms16a; __________________ 16OECD, Visser(2016) ICTWSS Database.https://www.etuc.org/en/docume nt/etuc-reply-first-phase-consultation- social-partners-under-article-154-tfeu- possible-action, p. 6, no 15. 16aEurofound (2020 forthcoming), Industrial Relations Flagship report.
Amendment 125 #
2019/2188(INI)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas the contraction of employment during the previous crisis created a dramatic increase in the number of involuntary part-time workers who are most likely to work in basic or lower-level service occupations and sectors and who have amongst the highest in-work poverty risk-levels17a; __________________ 17aEurofound (2017), In-work poverty in the European Union. https://www.eurofound.europa.eu/publicat ions/report/2017/in-work-poverty-in-the- eu
Amendment 133 #
2019/2188(INI)
Motion for a resolution
Recital M
Recital M
M. whereas privatisation and outsourcing areis reducing job security, and this is also an indicator of the increase in precarious employment;
Amendment 143 #
2019/2188(INI)
Motion for a resolution
Recital O
Recital O
O. whereas minimum wage systems vary widely in size, scope and coverage across Member States; whereas the minimum wage is consistently above the defined poverty threshold (60% gross median) in only three Member States and does not consistently provide protection against poverty in other and minimum wages vary widely in terms of their absolute and relative level versus median national wages; whereas minimum wage workers are more likely to have difficulties to make ends meet than other workers; whereas seven out of ten in the EU report at least ‘some’ difficulties (versus five out of ten for other workers) with large difference between EU Member States19a; whereas moreover, in some sectors, groups of workers and selected forms of work are sometimes not included or covered by minimum wage arrangements; __________________ 19aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 174 #
2019/2188(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the COVID-19 pandemic will have significant social and economic consequences, which will have a direct impact in terms of increasing poverty, especially among the most vulnerable groups in society, as its effects will be felt most keenly by workers in precarious positions such as temporary workers, seasonal workers, platform workers, etc. as well as in various economic sectors which will be impacted through job losses, wage and/or working time reduction during and after the pandemic; whereas 16% of workers in the EU consider that they are likely to lose their job in the near future and 40% of workers say their financial situation is now worse than before the pandemic20a; __________________ 20aEurofound (2020), Living, working and COVID-19dataset, Dublin, http://eurofound.link/covid19data
Amendment 194 #
2019/2188(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in-work poverty needs to be addressed at its root causes, such as but not limited to education and training; calls on the Commission to urge Member States to invest in qualitative education and training, to share good practices and to have specific attention for life-long learning;
Amendment 204 #
2019/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the axiom that ‘work is the best remedy for poverty’ no longer applies today in the face of low- wage sectors, atypical and precarious working conditions and the dismantling of social security systems and that a poverty- free life can only be secured by effective collective agreements and minimum wage systems are needed to realise a poverty- free society;
Amendment 246 #
2019/2188(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s plan to promptly propose a legal instrument to ensure that every worker in the Union receives a fair minimum wage21; calls also for this plan to ensure, through legislation or collective agreements, that nobody is at risk of poverty and that everyone can live from their work and participate in society; underlines that the floor should be at least 60 % of the national gross median wage; stresses that if this is too low to live on in relation to standards in a given country, an additional mechanism based on objective criteria should be used to calculate a supplement that ensures a decent life; __________________ 21 https://ec.europa.eu/commission/sites/beta- political/files/political-guidelines-next- commission_en.pdf
Amendment 266 #
2019/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure mandatory minimum working conditions for all workers, in particular for those employed in atypical and precarious work or the bogus self-employed, either by improving existing directives or through new legal acts, and to ban zero-hour contracts;
Amendment 362 #
2019/2188(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to enforce, effectively and through sanctions,effectively to enforce the right of workers to organise and to negotiate and conclude collective agreements, and to ensure that unions can enter plants, speak to workers at work and organise them;
Amendment 406 #
2019/2188(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for measures/actions to be taken to avoid a renewed increase in involuntary part-time employment as a result of Covid-19;
Amendment 437 #
2019/2188(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in new sustainable jobs, future-oriented infrastructure, digital change and ‘green transition’.;
Amendment 82 #
2019/2186(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas more and more sectors are likely to be impacted by platform work or similar employment patterns, thus further blurring the distinction between self-employment, false self-employment and traditional employment; whereas the trend towards remote working is growing in many sectors, with opportunities and risks for companies and workers; whereas the booming development of digital technologies creates many new and unpredictable opportunities and risks for so-called non-standard forms of work and employment;
Amendment 88 #
2019/2186(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas platform work is a result of technological progress, providing workers, customers and employers with new opportunities and choices when it comes to place, time flexibility and frequency of their relations, including work and provision of services;
Amendment 90 #
2019/2186(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas a high degree of flexibility is appreciated as one of the biggest advantages of platform work;
Amendment 103 #
2019/2186(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas attempts to simply impose the rules, regulating traditional employment, on platform work could be ineffective and harmful for both companies and workers;
Amendment 119 #
2019/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which doare not cover allapplied to platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment status; therefore a presumption of employment relationship and the reversal of the burden of the proof should be the starting point, complemented by the recognition of platform as companies linked to their sector of activity;
Amendment 126 #
2019/2186(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Expresses the concern, that many platform workers have limited or no social security coverage and subsequently - no retirement plan under the existing pension systems, which is endangering both their future prospects, the public pension systems of the Member States, and our Social model in general;
Amendment 135 #
2019/2186(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; Therefore, workers in platform companies should have the same rights as other workers
Amendment 137 #
2019/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses, furthermore, that platform workers, working in different Member-States or combining regular employment with platform work in different Member-States might be subject to entirely different regulations for the same work;
Amendment 145 #
2019/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, and take into account the current digital labour platforms model, where some platform workers are genuinely self- employed and wish to remain so; therefore, a European framework legislation would be necessary that safeguards well-functioning platform work, but at the same time tackles precarious forms of platform work; this framework can be complemented by either national legislation or collective agreements between the platform companies and the trade unions, recognising the platform as companies with all the obligations it entails (including employers responsibility when it apply) and linking these companies to their sector of activity.
Amendment 153 #
2019/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that any regulation should not be harmful towards innovation, the creation of new business models, start-ups and SMEs; emphasizes that flexible working arrangements should be protected when they are not detrimental towards social protection and workers’ rights;
Amendment 154 #
2019/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines, that platform work allows workers to provide their professional services throughout the Union for different and short periods in different Member-States; expresses the concern, that such a working model remains largely uncovered by existing rules on social security coordination and the portability of social rights of platform workers is especially unsecure;
Amendment 164 #
2019/2186(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights regardlessbased ofn their employment status, and to address the specificities of platform work while ensuring a level playing field in all EU Member States to avoid unfair und unequal treatment of workers;
Amendment 178 #
2019/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work,conclude collective agreements which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 195 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– ensure that the framework for collective agreements works smoothly and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so;
Amendment 206 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, the functioning of the algorithm and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 212 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – subparagraph 1
Paragraph 6 – subparagraph 1
believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way; and should be provided both to the person and the representatives;
Amendment 217 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. clarify that the third status option will not be an option. recalls that the Court of Justice of the European Union has already established criteria for determining the status of a worker.
Amendment 239 #
2019/2186(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some platforms to provide as a first step insurance as well as occupational health and safety measures;
Amendment 245 #
2019/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation of 13 March 2018 on access to social protection for workers and self- employed, and to ensure that their national plans set out relevant measures to be taken address the social protection of platform workers; and to strengthen the rights for platform workers to organise in trade unions
Amendment 254 #
2019/2186(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission, when preparing regulation proposals, to consider the general trends on the labour market and especially the trend towards working time flexibility, characteristic for platform work, but not limited to it, and address the social protection issues, arising from these trends, and especially the portability of accumulated social rights and entitlements; Underlines the need to regulate the use of advanced technologies in order to guarantee the cumulating and portability of social rights and entitlements.
Amendment 266 #
2019/2186(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective fully applied and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate thefair terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue collective bargaining, and workers’ representation through their trade unions;
Amendment 289 #
2019/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts; Encourages platform companies to develop training pathways in order to broaden their workers' professional options and seeks to ensure that when an employer is required, pursuant to EU law or national law or collective bargaining, to provide a worker with training to carry out the work for which he has been employed, this training is given free of charge, counted as working hours and, where possible, takes place during working hours;
Amendment 307 #
2019/2186(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to management functions, task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all and in particular algorithmic decisions are contestable and reversible and human intervention guaranteed when needed, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non-discriminatory algorithms are those which prevent gender and other social biases;
Amendment 326 #
2019/2186(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission, that platform workers and any similar form of employment, made possible by technological innovation, are included in the proposals for establishment of a European social security number (ESSN) and that fair mobility rules are applied to platform work in a non-discriminatory manner.
Amendment 340 #
2019/2186(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on EU Member States to encourage innovative forms of work which guarantee quality working conditions and prohibit working relationships that lead to insecure working conditions, including non- standard contracts such as 'zero hours' contracts;
Amendment 342 #
2019/2186(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on Member States to ensure that platform workers are able to refuse a work assignment if this takes place outside the reference hours and days or if they have not been informed of the work assignment within the agreed minimum period of notice, without suffering any adverse consequences as a result of their refusal;
Amendment 8 #
2019/2183(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas democracy and democracy at work are core values of the European Union; whereas the freedom of assembly, workers’ right to information and consultation, and the right of collective bargaining and action are fundamental rights protected by the Charter of Fundamental Rights of the European Union;
Amendment 9 #
2019/2183(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas social dialogue, including employee information and consultation, is a key element of the European Social Model;
Amendment 15 #
2019/2183(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas workers representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace;
Amendment 50 #
2019/2183(INL)
Motion for a resolution
Subheading 1
Subheading 1
Call on the Commission for a long- awaited revision of Directive 2009/38/EC
Amendment 53 #
2019/2183(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotUnderlines that participation rights play a crucial role in a functioning of the social market economy; stresses that EWCs enhance democracy at the workplace and believes that it is essential to strengthen EWCs, taking into account the different industrial relations systems in the Member States;
Amendment 58 #
2019/2183(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the need to raise awareness of EWCs among employee and management representatives; recalls that EWCs are unique transnational bodies set up for the purpose of informing and consulting employees and building and promoting corporate identity and that EWC engagement can develop and promote corporate culture and cohesion; highlights the importance of employees representatives, and in particular EWCs, participating meaningfully, after having been effectively informed and consulted, in the drawing up and implementation of transnational matters which significantly affect workers’ interests;
Amendment 62 #
2019/2183(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. highly regrets that the financial, material and legal resources needed to enable EWCs to perform their duties in an appropriate manner are not always provided by the central management; is concerned of the difficulties of EWCs accessing to the financial support provided by the European Commission 1a and stresses the urgent need to facilitate the application procedure and reduce all administrative burdens to access this funding; __________________ 1a Commission budget line 04.03.01.06
Amendment 63 #
2019/2183(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Reiterates its call on the Commission to propose a revision of Directive 2009/38/EC with a view to strengthening the right of employee representatives to information and consultation, according to the recommendations contained in its resolution of 16 December 2021;
Amendment 64 #
Amendment 70 #
2019/2183(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and results in a fragmented implementation by the Member States; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter; reiterates its call to clarify the concept of the “transnational character of a matter” in Directive 2009/38/EC;
Amendment 74 #
2019/2183(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; reiterates its call on the Commission and the Member States to promote the strengthening of information and consultation rights to ensure that the EWC’s opinion is considered in company decisions and is delivered before consultation is completed at the respective level and before the governing bodies come to a decision;
Amendment 81 #
Amendment 84 #
2019/2183(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; reiterates its call to strengthen the subsidiary requirements in Directive 2009/38/EC and underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for biannual meetings in order to improve the practical functioning and running of EWCs;
Amendment 88 #
Amendment 89 #
2019/2183(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 94 #
Amendment 96 #
2019/2183(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 101 #
2019/2183(INL)
Motion for a resolution
Subheading 6
Subheading 6
Introducing effective, dissuasive and proportionate penalties
Amendment 104 #
2019/2183(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 110 #
2019/2183(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthen in order to improve compliance with Directive 2009/38/EC; reiterates its call on the Commission to revise the Directive 2009/38/EC with a view to introduce effective, dissuasive and proportionate penalties in order to secure compliance;
Amendment 115 #
Amendment 116 #
2019/2183(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the provisions guiding the situations in which the obligations of Directive 2009/38/EC do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of Directive 2009/38/EC; reiterates its previous call on the Commission and the Member States to put an end, after more than 20 years, to the exemption for the so- called voluntary pre-Directive agreements and calls for a revision of the relevant provisions of Directive 2009/38/EC;
Amendment 120 #
Amendment 124 #
2019/2183(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. CReiterates its previous calls on the Member States to ensure effective access to justice for EWCs and forSpecial Negotiation Bodies, namely by the specification of the legal status of EWCs and Special Negotiating Bodies as legal actors;
Amendment 153 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“74a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
Amendment 159 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 2 – point g
Annex I – paragraph 1 – point 2 – point g
“(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into accountconsidered within the Community- scale undertaking or Community-scale group of undertakings;”;
Amendment 181 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – point 3 – paragraph 1
“— where, after one year18 months from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).”;
Amendment 185 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 1
Annex I – paragraph 1 – point 4 – paragraph 1
“1. Member States shall ensure that, within the conditions and limits laid down by national legislation, members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged notnot authorised to reveal any trade secrets, as defined in Article 1(1) of Directive (EU) 2016/943 of the European Parliament and of the Council1a whichinformation which, in the legitimate interest of the undertaking or establishment haves expressly been provided to them in confidence.;
Amendment 195 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 4
Annex I – paragraph 1 – point 4 – paragraph 4
2. Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned or would be prejudicial to them.
Amendment 222 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shall establish procedures to enablapply for and terminate the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto.”;
Amendment 228 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – introductory part
Annex I – paragraph 1 – point 6 – point b – introductory part
(b) inafter paragraph 3, the following subparagraph is added:
Amendment 258 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding businessfinancial year, whichever is higher.
Amendment 264 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the preceding businessfinancial year, whichever is higher.
Amendment 282 #
2019/2183(INL)
Motion for a resolution
Annex I – paragraph 1 – point 8 – point c a (new)
Annex I – paragraph 1 – point 8 – point c a (new)
(ca) The following subparagraph is added: "Upon expiry of the agreements referred to in paragraph 1 of this Article, the parties to those agreements may decide jointly to renew or revise them. Where this is not the case, the provisions of this Directive shall apply. All efforts shall be made in line with Article 6 (1) to reach an agreement."
Amendment 71 #
2019/2182(INL)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Calls on the Member States to improve the number, frequency, and quality of the inspections; takes the view that the EU and the Member States should go well beyond the International Labour Organisation’s minimum objective of one inspector for every 10,000 workers;
Amendment 90 #
2019/2182(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to update Directive 2009/148/EC with the purpose of clarifying that all varieties of asbestos are carcinogenic, andview to amend the existing binding occupational exposure limit value (OEL) for asbestos taking into account the latest scientific knowledge and technical developments, including an evaluation of different types of asbestos fibres and their adverse health effects, as well as to start the process for updating the list of fibrous silicates within the scope of the Directive by verifyingand, in this context, consider the inclusion of actinolite, anthophyllite, tremolite, grunerite and riebeckite as well as winchite, richterite, fluoro-edenite, and erionite, as well as an assessment of a differentiated limit value for different types of asbestos fibres;
Amendment 95 #
2019/2182(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the fundamental legal principle of health and safety at work that the state of the art in technology must always be applied to achieve the highest possible level of protection; calls for the strengthening of technical minimum requirements to lower the concentration of asbestos fibres in the air to the lowest level which is technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination; calls for minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters, ensuring sufficient and focused support to employers in transposing these protective measures, in particular SMEs and micro-enterprises, in order to avoid non-compliance;
Amendment 101 #
2019/2182(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the current Union minimum standard for the asbestos OELV is 100 000 fibres per m3 (0,1 fibres/cm3); highlights that some Member States apply much lower OELVs to protect the health of workers, for example an OELV of 2 000 fibres/m3 (0,002) in the Netherlands;, whereas most Member States apply the EU minimum OELV of 0,1 fibres/cm3, and some even above the minimum standard1a; __________________ 1aECHA Scientific report for evaluation of limit values for asbestos at the workplace, 1 February 2021, p. 16.
Amendment 105 #
2019/2182(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that leading medical researchers from the International Commission of Occupational Health (ICOH) conclude that exposure limits do not protect properly against cancer and propose an occupational limit value of 1 000 fibres/m3 (0,001 fibres/cm3); calls for an updated exposure limit to be set at 0,001 fibres/cm3 (1 000 fibres/m3)suggests that no later than 31 December 2022, the Commission presents a legislative proposal, taking into account the existing recommendations from different stakeholders and after consulting the Advisory Committee for Safety and Health at Work;
Amendment 109 #
2019/2182(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that employers, but also main contractors, contracting authorities, and owners commissioning work should be required to carry out an asbestos diagnosis before the start of any work in buildings, ships, aircraft, on equipment, or products; underlines in this context the need for a coherent methodology for risk assessment to ensure a Union level playing field and avoid the fragmentation of the single market;
Amendment 146 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
(3) A financial framework, including the possible use of Union fbased on the use of Union Structural and Investment Funds, for the support of building owners and linking the removal of asbestos to other public policies and programmes (such as energy efficiency, improvements of the living environment, social housing) for reasons of efficiency and the use of synergies;
Amendment 151 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 4 – point a
Annex I – paragraph 1 – point 4 – point a
(a) accessibility for workers and companies working in a building or infrastructure, owners, inhabitants, firefighters and users;
Amendment 160 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 2 – point b – paragraph 2 – point e
Annex II – paragraph 1 – point 2 – point b – paragraph 2 – point e
(e) the starting date and, duration of the work and planned working hours;
Amendment 170 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 9 – paragraph 1
Annex II – paragraph 1 – point 9 – paragraph 1
In the case of certain activities such as demolition or asbestos removal work, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:
Amendment 173 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 12 – paragraph 1
Annex II – paragraph 1 – point 12 – paragraph 1
1. Undertakings which intend to carry out demolition or asbestos removal work shall be required to obtain before the start of work a renewable permit from the competent authority. Competent authorities may grant such permits if the applicant undertaking offers proof of adequate state of the art technical equipment for emission-free or, where this is not technically possible yet, low- emission work procedures in line with the requirements of Article 6, and training certificates for their individual workers in accordance with Article 14 and Annex 1a.
Amendment 175 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 13 – paragraph 1 – point ca
Annex II – paragraph 1 – point 13 – paragraph 1 – point ca
(ca) regular compulsory breaks and with sufficient time for regeneration for must be foreseen for workers wearing strenuous respiratory equipment;
Amendment 181 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 17 b (new)
Annex II – paragraph 1 – point 17 b (new)
17b. Article 21b is inserted: ‘Article 21b In case of a fire, all existing information regarding the presence and location of asbestos shall be shared with firefighters.’
Amendment 202 #
2019/2182(INL)
Motion for a resolution
Annex V – paragraph 1 – point 3
Annex V – paragraph 1 – point 3
(3) the result of the screening should be reported to a competent national body (a one-stop shop), which should issue a certificate, keep a national registry of the certificates, and give advice to owners about applicable laws and regulation, the correct and safe removal of asbestos detected, and financial support available from relevant existing EU funds;
Amendment 130 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) ‘a greener, low-carbon Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, the fight against climate change, climate adaptation and risk prevention and management (‘PO 2’) by:
Amendment 136 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point iv
Article 2 – paragraph 1 – point b – point iv
(iv) promoting the fight against climate change, climate adaptation, risk prevention and disaster resilience;
Amendment 160 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point i
Article 2 – paragraph 1 – point e – point i
(i) fostering the integrated social, economic and environmental development, cultural heritage and security in urban areas, including functional spaces;
Amendment 170 #
2018/0197(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) With regard to programmes implemented under the Investment for jobs and growth goal, the total ERDF resources in each Member State shall be concentrated at natregional level in accordance with paragraphs 3 and 4. The thematic concentration forms the basis for how the regional ERDF programmes are organised.
Amendment 178 #
2018/0197(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) Regions in the Member States of group 1 shall allocate at least 85 no more than 75% of their total ERDF resources under priorities other than for technical assistance to PO 1 and PO 2, and therefore at least 60 25% to PO 13, PO 4 and PO 5;
Amendment 197 #
2018/0197(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Partnership between regional and local levels (1) Each region shall ensure the adequate participation of local-level players when establishing regional ERDF programmes. Special attention should be paid to municipal authorities, economic and social partners and relevant bodies representing civil society. (2) In keeping with the principle of multi- level governance, regions shall also involve these partners in monitoring and assessing regional programmes, for example by having them participate in regional ERDF monitoring committees.
Amendment 228 #
2018/0197(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) Member States and their regions shall implement integrated territorial development, supported by the ERDF, exclusively through the forms referred to in Article [22] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 229 #
2018/0197(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Sustainable urban and regional development
Amendment 230 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) The ERDF shall support integrated territorial development based on territorial strategies in accordance with Article [23] of Regulation (EU) 2018/xxxx [new CPR] focused on urban areafunctional spaces (‘sustainable urban and regional development’) within programmes under both goals referred to in Article 4(2) of that Regulation.
Amendment 231 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
At least 610% of the ERDF resources at national level under the Investment for jobs and growth goal, other than for technical assistance, shall be allocated to sustainable urban and regional development in the form of community-led local development, integrated territorial investments or another territorial tool under PO 5.
Amendment 232 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) The percentage allocated to sustainable urban and regional development under paragraph 2 shall be complied with throughout the entire programming period when ERDF allocations are transferred between priorities of a programme or between programmes, including at the mid- term review in accordance with Article [14] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 233 #
2018/0197(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The ERDF shall also support the European Urban Initiative, implemented by the Commission in direct and indirect managementshared management. This initiative shall cover all functional spaces and shall support the implementation of the EU’s urban agenda. Local authorities should be actively involved in establishing and implementing the European urban initiative.
Amendment 285 #
2018/0197(COD)
Proposal for a regulation
Annex II – Table 1 – point 2
Annex II – Table 1 – point 2
Amendment 79 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 75 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions isare to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured, in accordance with legislation and collective agreements.
Amendment 80 #
2017/0355(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Principle 7 provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 107 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice ofFor the Epuropean Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform iposes of this Directive, the terms ‘worker’, ‘employer’ and ‘empleoymentation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil relationship’ should follow those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15ase law of the European Court of Justice (ECJ).
Amendment 118 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its case law, the Court of Justice has set criteria for determining the status of a worker1a so that a uniform implementation of the personal scope of this Directive should be ensured, while leaving it to national authorities and national courts to apply it to specific situations. The Court of Justice has defined a worker as a natural person who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. Domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices who meet those criteria fall within the personal scope of this Directive. Moreover, the Court of Justice has held that the performance of services is to be understood as the performance of work, and that an employment relationship is to be understood as one including a degree of dependency or subordination. The Court of Justice's case-law in this regard should be taken into account in the transposition of this Directive. __________________ Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 123 #
2017/0355(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Self-employed persons should not fall within the scope of this Directive as they do not meet the criteria set by the Court of Justice for determining the status of a worker.
Amendment 135 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation doesshould not affect the definition of a worker as provided for in Article 2(1)ccording to the case law of the Court of Justice.
Amendment 148 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 164 #
2017/0355(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind or other benefits, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 179 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) IEmployers should provide information onabout social security systems should includefunds and proof of registration with the social security authorities and, where relevant, information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 184 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writinga legally binding document, in paper or electronically, at the start of employment. The relevantbasic and essential information should therefore reach them at the latest on the first dayreach them in written form, as stated above, on the first working day. Any further information should be provided no later than 15 days after the start of the employment relationship.
Amendment 196 #
2017/0355(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Basic and essential information should include the rights conferring legal certainty on the parties to an employment relationship as to the nature, location, time and duration, modalities, scope, performance and remuneration of their employment relationship and the conditions and periods of notice relating to the termination of the relationship and probationary periods.
Amendment 211 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may, exceptionally, be longer than six months, where this is justified by the nature of the employment such as for managerial positions and whor in the context of specific measures promoting permanent employment. However, they should under no circumstances last longere this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workersan 12 months. It should be possible to interrupt or suspend probationary periods if the employee has been absent due to a long illness or extended leave so as to enable the employee to demonstrate that his or her abilities correspond to the tasks required and to enable the employer to determine the suitability of the worker for such tasks. Under no circumstances should it be possible unilaterally to extend a probationary period.
Amendment 222 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States or social partners should jointly be able to lay down conditions for incompatibility clauses,restrictions understood as a restriction on working for specific categories of employers, may be necessary for objectiv for legitimate reasons, such as health and safety, the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 230 #
2017/0355(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimum predictability of workith on-demand contracts or similar forms of employment whose work is unpredictable because their work schedule is mostly variable should, where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests or third parties, benefit from a minimum level of stability and predictability with regard to their work.
Amendment 244 #
2017/0355(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has notwhere the worker has been notified withinoutside the minimum advance notice period without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish. It should be possible to indicate the reference hours and days, the time slots on specified days when work can take place at the employer's request, and to change the minimum notice period on an ad hoc basis as agreed between the employee and the employer. If the worker, once he or she has accepted the work assignment, is unable to complete the work because the employer delays assigning tasks to the worker, and the worker is not responsible for that delay, the worker should retain his or her right to remuneration for the work assignment.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 259 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration, unless the worker gives notice of termination shortly before the training takes place. In this case, a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 279 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41evaluation (REFIT)41 conducted under the Commission´s Regulatory Fitness and Performance Programme confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 295 #
2017/0355(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should provide for effective, proportionate and dissuasive penalties, for example in the form of fines or compensation, for breaches of the obligations under this Directive.
Amendment 302 #
2017/0355(COD)
Proposal for a directive
Recital 36
Recital 36
(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. Member States should ensure that steps are taken to prevent the introduction of zero-hour contracts or similar types of employment contract.
Amendment 305 #
2017/0355(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro-enterprises and small and medium- sized undertakings whose importance is to be gauged from the Commission Recommendation of 6 May 20031a or any later act replacing that Recommendation. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments. __________________ 1a OJ L 124, 20.05.2003, p. 36.
Amendment 307 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States may entrust social partners withshould ensure that the implementation of this Directive is entrusted to social partners, where social partners jointly so request to do so and as long as the Member Sta. The Member States should take all the necessary steps t- and make all the necessary stepsresources available to the social partners - to ensure that they can at all times guarantee the results sought under this Directive. If the implementation of this Directive cannot be entrusted to the social partners, Member States should ensure that the social partners are involved in the entire process of transposing this Directive.
Amendment 312 #
2017/0355(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Member States should ensure that national inspection bodies enforce this Directive.
Amendment 357 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 372 #
2017/0355(COD)
Proposal for a directive
Article 2
Article 2
Amendment 423 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 435 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employerentitlement to training that the employer is required to provide under Union or national legislation or under relevant collective agreements;
Amendment 445 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure and formal requirements, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice and the deadline for bringing an action contesting dismissal;
Amendment 449 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the periods of notice cannot be indicated when the information is given, the method for determining such periods of notice;
Amendment 457 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, such as payments in kind or other benefits, and the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 461 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable or predictable, the length of the worker's standard working day or week and, any arrangements for overtime and its remuneration, and reasonable advance notice of such work;
Amendment 468 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable or unpredictable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 484 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and information about the works council or any other representatives of workers in that business;
Amendment 492 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
(n) the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer, and proof of registration with the social security institution(s) concerned.
Amendment 514 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually(a) to (f) and (i) to (k) shall be given to the worker in the form of a document handed over in person at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 527 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
1a. The information referred to in Article 3(2)(g), (h) and (l) to (n) shall be given to the worker in the form of a document handed over in person at the latest 15 days after the start of the employment relationship.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 545 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop, in cooperation with social partners, templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 559 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be providedersonally communicated, in accordance with Article 4(1a), in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.
Amendment 563 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Changes that merely reflect a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements may be notified by means of a reference to the updated status of those laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 584 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition at least be notified of:
Amendment 623 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2 – point 1 a (new)
Article 7 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such extensions if they jointly request this.
Amendment 638 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that workers who are employed in more than one job are subject to the overall minimum safety and health requirements for the organisation of working time as provided for in Directive 2003/88/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 642 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions for the use of incompatibility where such restrictions are justified byrestrictions, namely restrictions on working for specific categories of employers for legitimate reasons, such as health and safety, the protection of business secrets, or the avoidance of conflicts of interests.
Amendment 648 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)
Article 8 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such incompatibility restrictions if they jointly request this.
Amendment 649 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)
Article 8 – paragraph 2 – point 2 a (new)
(2a) The worker is obliged to inform the employer of the nature and scope of other forms of employment.
Amendment 688 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where one or both of the requirements laid down in the first subparagraph is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.
Amendment 698 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Zero-hour contracts and similar types of employment contracts are prohibited.
Amendment 705 #
2017/0355(COD)
Proposal for a directive
Article 10
Article 10
Amendment 735 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that, where an employers are is required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the workeror which the employer’s general training policy requires for the job in question, such training is available to the worker free of charge.
Amendment 763 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall leave it to the social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, and, subject to the minimum requirements laid down in this Directive, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. adapt, complement and improve provisions laid down in Chapter III.
Amendment 781 #
2017/0355(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 791 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:
Amendment 798 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; orand
Amendment 805 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate response within a reasonable time frame. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.
Amendment 841 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed upon completion of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 856 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation, that may take the form of fines or compensation payments, for instance, are applied. Penalties shall be effective, proportionate and dissuasive.
Amendment 862 #
2017/0355(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 872 #
2017/0355(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 878 #
2017/0355(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Transitional provisions and preservation of existing arrangements
Amendment 883 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 886 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Employment contracts concluded before [entry into force date] shall be exempt.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 139 #
2017/0224(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of national security or public order. It furthermore establishes a mechanism under which the European Commission can screen and take a decision on conditioning or restricting foreign direct investment threatening the security or public order of more than one Member State or the European Union as a whole, as well as foreign direct investment threatening the mid- and long term economic security in certain circumstances.
Amendment 155 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likely to: (a) affect projects or programmes of Union interest on the grounds of security or public orderone or more than one Member State’s or the Union’s security or public order; (b) affect the security or public order of more than one Member State or the Union as a whole; (c) threaten the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II.
Amendment 168 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in order to amend projects or programmes of Union interest listed in Annex I and key know-how and technologies listed in Annex II.
Amendment 170 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order of one or more than one Member State or the security and public order of the Union as a whole, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 175 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, includinge.g. energy, water, transport, communications and the media, health services, data storage, space, defence, research or financial infrastructure, as well as sensitive facilities;
Amendment 180 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
Amendment 197 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In screening a foreign direct investment on the ground of safeguarding the mid- and long-term economic security of the European Union, the Commission may consider the potential effects on specific key know-how and technologies, e.g. in the field of artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, as listed in Annex II.
Amendment 203 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
In determining whether a foreign direct investment is likely to affect security or public order of one or more than one Member State or the Union as a whole, or the mid- and long-term economic security of the Union, Member States and the Commission may take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 245 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the Commission considers that a foreign direct investment is likely to affect the national security or public order of the Member State where the investment is planned or has been completed, it shall issue a reasoned opinion addressed to the Member State.
Amendment 247 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its national or the Union’s security or public order, it may provide commentsshall indicate this to the Commission and to the Member State where the foreign direct investment is planned or has been completed. The cCommentsission shall be forwarded to the Commission in paralleltake adequate action as outlined in Article 9.
Amendment 252 #
2017/0224(COD)
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or mormore than one Member States, it may issue an opinion addressed or the Union as a whole, it shall indicate this to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinionshall take adequate action as outlined in Article 9, irrespective of whether other Member States have provided comments.
Amendment 260 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission or a Member State which duly considers that a foreign direct investment is likely to affect its security or public order may request from the Member State where the foreign direct investment is planned or has been completed, any information necessary to provide commenttake an informed decision as referred to in paragraph 23, or to issue the opinion referred to in paragraph 3while paying utmost attention to the potential sensitivity of the information.
Amendment 269 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 31(new).
Amendment 279 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission or more than one Member State considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, the Commission may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completedo threaten the security or public order of more than one Member State of the European Union or the Union as a whole or the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II, it shall screen the investment.
Amendment 288 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1, from the foreign investor and from the target company any information necessary to take an informed decision, while paying utmost attention to the potential sensitivity of the information. The Member State, the target company and the investor may submit to the Commission any information they deem necessary to take an informed decision.
Amendment 292 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concernedtake a decision within a reasonable period of time, and in any case no later than 25 working days following receipt of the information requested by the Commission pursuant to paragraph 2. This decision can be: (a) a general authorisation of the investment; (b) an authorisation under certain conditions necessary to eliminate the threat; (c) no authorisation; (d) an in-depth investigation in case that there are reasons to assume that more time and information is necessary to take an informed decision, which shall not take longer than 50 days. Where a Member State has a screening mechanism in place as referred to in Article 3(1) and the information on foreign direct investment undergoing screening has been received by the Commission pursuant to Article 8(1), the opinion shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinion, the 25-day period shall run from the date of receipt of the additional information. The opinion of the Commission shall be communicated to the other Member States.
Amendment 300 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opindecision of the Commission shall be communicated to the other Member States.
Amendment 301 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5