Activities of Michael DETJEN
Plenary speeches (16)
Coordination of social security systems (debate) DE
Cross-border conversions, mergers and divisions (debate) DE
Transparent and predictable working conditions in the European Union (debate) DE
Work-life balance for parents and carers (debate) (debate) DE
Major interpellations (debate) DE
Copyright in the Digital Single Market (A8-0245/2018 - Axel Voss) DE
Debate with the President of the Government of Spain, Pedro Sánchez Pérez-Castejón, on the Future of Europe (debate) DE
European Globalisation Adjustment Fund (EGF) (debate) DE
European Social Fund Plus (ESF+) (debate) DE
Protection of workers from the risks related to exposure to carcinogens or mutagens at work (debate) DE
Minimum income for a fair Europe: a right for citizens (topical debate) DE
The future of pensions: fighting privatisation and strengthening public universal social security systems (topical debate) DE
Posting of workers in the framework of the provision of services (debate) DE
European Semester for economic policy coordination: Annual Growth Survey 2018 - European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2018 (debate) DE
Summer-time arrangements (debate) DE
Implementation of the Youth Employment Initiative in the Member States (debate) DE
Shadow reports (1)
REPORT on the proposal for a Council decision on guidelines for the employment policies of the Member States PDF (230 KB) DOC (97 KB)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority
Shadow opinions (2)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law
Written explanations (2)
Copyright in the Digital Single Market (A8-0245/2018 - Axel Voss) DE
Die SPD-Gruppe in der S&D-Fraktion hat sich während der zweijährigen Verhandlungsphase mit Nachdruck für die Anpassung des Urheberrechts an die derzeitigen digitalen Bedingungen stark gemacht. Schließlich dürfen Urheberrechte auch in der digitalen Welt nicht ausgehöhlt werden.Als S&D-Fraktion ist es uns gelungen, zentrale Vorschriften zum Urhebervertragsrecht durchzusetzen, die Urheberinnen und Urhebern unmittelbar zu Gute kommen. So haben wir es geschafft, Vorschriften für einen Anspruch auf faire Vergütung und mehr Transparenz einzubringen sowie Mechanismen zur Streitbeilegung, Klauseln zur Vertragsanpassung und ein besonderes Widerrufsrecht zum Vorteil von Kreativen durchzusetzen.Die SPD-Gruppe ist überzeugt, dass sogenannte Upload-Filter die Meinungsfreiheit einschränken. Leider hat uns eine konservative Mehrheit bei dem Versuch überstimmt, die rechtlich unsicheren Passagen zu Upload-Filtern vollständig aus dem Gesetzentwurf zu entfernen und durch einen Text zu ersetzen, der eine faire Vergütung gewährleistet hätte, ohne unverhältnismäßig in Grundrechte einzugreifen.Bei meiner Abstimmung habe ich die oben genannten Erfolge berücksichtigt. Ein Scheitern der Urheberrechtsreform wäre unverantwortlich, denn sie enthält viele wichtige Regelungen zum Schutz der Urheber und Kreativen. Im Trilog müssen nun Kompromisse für ein zeitgemäßes Urheberrecht gefunden werden, ohne auf das rechtsstaatlich problematische Instrument der Upload-Filter zu setzen. Diese Chance darf nicht vertan werden.
Establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry (A8-0037/2018 - Françoise Grossetête) DE
Die SPD-Gruppe im Europaparlament wendet sich weder gegen eine Europäische Verteidigungsunion noch PESCO, noch gegen die dadurch entstehenden Synergie- und Einsparungseffekte. Um die Verteidigungsunion umzusetzen, brauchen wir aber vor allem den politischen Willen der Mitgliedstaaten. Eine Stärkung der Wettbewerbsfähigkeit der bereits heute gut aufgestellten europäischen Verteidigungsindustrie, die mit dem Europäischen Programm zur industriellen Entwicklung im Verteidigungsbereich angestrebt wird, ist hingegen falsch konzipiert. Denn dies löst die Probleme bestehender Doppelstrukturen und Inkompatibilitäten in der Rüstungsbeschaffung nicht. Stattdessen befördert der Fokus auf die Wettbewerbsfähigkeit vor allem europäische Waffenexporte. In diesem Zusammenhang kritisieren wir die mangelnde Exportkontrolle. Einer Subventionierung für prosperierende Rüstungskonzerne mit europäischem Steuergeld aus zivilen Förderprogrammen stimmen wir als SPD-Gruppe im Europaparlament nicht zu. EU-Mittel sollten im Rahmen einer EU-Industriestrategie an Sektoren mit wirklichem Förderungsbedarf vergeben werden.
Written questions (3)
A1 certificate PDF (40 KB) DOC (19 KB)
Use of EU funding to expand Hungarian Opel Adam plant, and EGF support for workers facing redundancy PDF (102 KB) DOC (18 KB)
Financing of EURES cross-border partnerships in the 2018 financial year PDF (99 KB) DOC (16 KB)
Amendments (982)
Amendment 11 #
2018/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas EFP schemes involving workers in consultation and decision- making have benefits for the companboth employees and the company especially in terms of sustainable governance, social dialogue and other aspects such as recruitment, retention, absenteeism, motivation and skills development, as well as competitiveness and profitability;
Amendment 21 #
2018/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EFP schemes could have positive impacts on the economy of Member States by supporting SMEs and the job market, and by enabling employees to find opportunities in their home country;
Amendment 24 #
2018/2053(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EFP, if paired with proper training and information, can contribute to overcoming widespread reluctance among retail investors to invest their savings in shares owing to a lack of knowledge about its benefits and risks;
Amendment 28 #
2018/2053(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas through EFP, enhanced social dialogue and strategic decision making, employers might invest in development opportunities for their workforce, thus contributing to the fight against social exclusion and ensuring a high level of training;
Amendment 33 #
2018/2053(INI)
Motion for a resolution
Recital H
Recital H
Amendment 46 #
2018/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas participation in the EFP should remain voluntary for employees, while not affecting their mobility or their rights to take collective action;
Amendment 49 #
2018/2053(INI)
Motion for a resolution
Recital M
Recital M
M. whereas proactive employment policies such as support for genuine self- employment and regular and social entrepreneurship are critical tools for the reintegration of the unemployed into the labour market, in line with the European Entrepreneurship Action Plan adopted in January 2013;
Amendment 63 #
2018/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to consider appropriate measures to encourage Member States and companies that show an interest in EFP to develop and offer EFP schemes; for the benefit and in the interest of both employees and companies;
Amendment 65 #
2018/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to provide incentives, in line with best practice principles, when promoting employee ownership schemes among companies and employees while supporting the highest standards of social protection for the employees and safeguarding their right to collective action;
Amendment 68 #
2018/2053(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to implement the “five point action plan” included in the final report of the pilot project for the promotion of employee ownership and participation from 2014;
Amendment 78 #
2018/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 82 #
2018/2053(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the need to ensure that EFP guarantees the right of employees to take part in company decision making;
Amendment 95 #
2018/2053(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 100 #
2018/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the decision to join EFP schemes should be based on the informed consent of an employee, fully aware of his or her entitlements, obligations and risks, of the situation of the company and of the taxation effects when joining the scheme and the conditions which apply when he or she leaves the company or the scheme; highlights that employees should receive guarantees that no action will be taken against them if they decide not to join an EFP scheme;
Amendment 103 #
2018/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that EFP benefits should always be complementary to the contractual remuneration and rights such as social security contributions and not a replacement of the above or a way to diminish the above;
Amendment 108 #
2018/2053(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to consider the rapid evolution and change of the labour market and the consequent challenges regarding skills, digitalisation, automation and, potentially, wealth inequalities, and therefore continuously create new opportunities for the labour force to adapt in order to be financially sustainable and independentways to protect workers as well as enable opportunities for the labour force to develop professionally and personally;
Amendment 23 #
2018/2023(INI)
E a. whereas decarbonisation of road transport via carbon-free alternative fuels will require different fuels for different vehicle segments, meaning that no solution should be excluded;
Amendment 32 #
2018/2023(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the recast of the DirectiveRegulation on emission standards for new passenger cars and for new light commercial vehicles will hopefully set ambitious reduction targets and incentivise low and zero- emission vehicles, thus leading the way to a decarbonised European vehicle fleet, which will require the deployment of an adequate infrastructure network for alternative fuels; whereas the revision of the Directive for the Promotion of clean and energy- efficient road transport vehicles complements the Directive for Alternative Fuels by guaranteeing demand for suppliers and increasing the uptake of clean vehicles, particularly in urban areas;
Amendment 40 #
2018/2023(INI)
Motion for a resolution
Recital J
Recital J
J. whereas according to Directive 2014/94/EU, alternative fuels still encompass fuels of fossil origin, thus contradicting the goal of decarbonisation and the phasing out of fossil fuels; however, in the shipping sector, LNG and CNG as transitory technologies may contribute to cleaner air especially around ports and along coastlines;
Amendment 45 #
2018/2023(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the TEN-T networks constitute the main transport networks in the European Union; whereas focussing on deploying alternative fuels infrastructure and pursuing the goal established in the communication to provide full coverage of the trans-European transport network (TEN-T) core network corridors with charging points by 2025 should be a key priority; whereas this target should be complemented by also taking into account urban and rural areas, where customers'experience shows that the potential for the uptake of clean vehicles is higher; whereas conveying funds to projects that, although not yet financially viable, show thinner market gaps, represents an efficient way of using public funds to allow increased financial sustainability of the charging infrastructure business, allowing for a faster decarbonisationof the transport sector;
Amendment 58 #
2018/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission’s evaluation of the National Framework Plans (NFPs) reveals differing levels of effort and ambition between Member States and that the deployment of alternative fuels is falling short; calls therefore on the Commission to replace NFPs with mandatory objectives such as those put forward in the 2013 proposal, while also taking into account the projected and realised uptake of alternative-fuel vehicles and their technological progress, as well as the goal of having a trans- European infrastructure network for all alternative fuels; points out that the infrastructure shall be equipped with the necessary technical and communication devices to manage the charging process, enabling effective and efficient charging and all the environmental and socio- economic benefits that it entails;
Amendment 71 #
2018/2023(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Suggests an annual evaluation of the Member States’ implementation status and broadening of the Directive’s scope to shift it from deployment along the TEN-T core network to also covering the TEN-T comprehensive urban and regional nodes and the infrastructure for public fleets; recognises that with expected market uptake of Zero Emission vehicles this is needed before 2025 for the core network and by 2030 latest for the comprehensive network;
Amendment 73 #
2018/2023(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Suggests an annual evaluation of the Member States’ implementation status and broadening of the Directive’s scope to shift it from deployment along the TEN-T network to also covering urban and regional nodes and the infrastructure for public fleets; calls on the Commission to extend the CEF's scope in this regard and increase its funding;
Amendment 85 #
2018/2023(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. calls on the Commission to complement the climate related goals of Directive 2014/94/EC with additional clean air measures following the fitness check of the EU Ambient Air Quality Directives1a; _________________ 1a 2004/107/EC and 2008/50/EC
Amendment 90 #
2018/2023(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s effort to provide an additional EUR 800 million as start-up financing to support the uptake of alternative fuels infrastructure; doubts, however, that the leverage will be sufficient given the projected need for EUR 5.2 billion up to 2020 and an additional EUR 16-22 billion of overall investment up to 20253 ; _________________ 3urges the Commission to not only support the deployment but also the operating of such infrastrucutre during the unprofitable market uptake phase; _________________ 3 COM(2017)0652. COM(2017)0652.
Amendment 100 #
2018/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Suggests setting up a European Clean Mobility Fund to cover the estimated necessary investment of EUR 25 billion up to 2025; calls for the fund to be co- financed, with the European Union contributing 10 % and 90 % coming from industry, notably manufacturers, suppliers, energy and fuel producers and other interested parties; suggests that, by contributing to the fund, companies or consortia should be granted preferential access to grants and loans provided by the CEF, EIB and EC IPE; requests that financial resources from the fund should be awarded according to the criteria of feasibility, European added value, the achievement of deployment goals and cohesion policy; asks that the INEA, which already oversees the CEF, become the responsible agency;
Amendment 103 #
2018/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Suggests setting up a European Clean Mobility Fund to cover the estimated necessary investment of EUR 25 billion up to 2025; calls for the fund to be co- financed, with the European Union contributing 10 % and 90 % coming from industry, notably manufacturers, suppliers, energy and fuel producers and other interested parties; suggests that, by contributing to the fund, companies or consortia should be granted preferential access to grants and loans provided by the CEF, EIB and EC IPE; requests that financial resources from the fund should be awarded according to the criteria of feasibility, technology-neutrality, European added value, the achievement of deployment goals and cohesion policy; asks that the INEA, which already oversees the CEF, become the responsible agency;
Amendment 109 #
2018/2023(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to review their energy taxation frameworks in order to facilitate and incentivise the uptake of alternative fuels, including land side electric charging of ships that cannot compete with energy generation by dirty combustion engines on board which is exempted from taxation and to remove burdensome taxation on electricity used to generate alternative fuels, including power- to-gas as storage for intermittent renewable energies; calls on the Commission to include such an exemption for ports in the Energy Taxation Directive;
Amendment 110 #
2018/2023(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CTaxation has a major impact on the price competitiveness of alternative fuels, therefore calls on Member States to review their energy taxation frameworks in order to facilitate and incentivise the uptake of carbon-free alternative fuels, such as land side electric charging of ships that cannot compete with energy generation with combustion engines on board which is exempted from taxation, and to remove burdensome taxation on electricity used to generate alternative fuels, including power- to-gas as storage for intermittent renewable energies;
Amendment 117 #
2018/2023(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that progress regarding the deployment of alternative fuels infrastructure and the availability of alternatively powered vehicles is too slow, and calls on manufacturers to step up efforts in this regard; recognises the need for policies that stimulate the offer of alternatively fuelled light and heavy-duty vehicles, such as ambitious emissions standards in 2025 and 2030 for new light and heavy-duty vehicles, including strong incentives such as a bonus-malus system for zero and low emission vehicles;
Amendment 118 #
2018/2023(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that progress regarding the deployment of alternative fuels infrastructure and the availability of alternatively powered vehicles is too slow, and calls on manufacturers to step up efforts in this regard; recognises the need for policies that stimulate the offer of alternatively fuelled light and heavy-duty vehicles, such as ambitious emissions standards in 2025 and 2030 for new light and heavy-duty vehicles, including sales targets for zero and low emission vehicles.
Amendment 130 #
2018/2023(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the importance of streamlining and exchanging best practices, especially with guidance from the Sustainable Transport Forum, which was established by the Commission and should be seen as the core coordination instrument for reporting on the progress made by the National Policy Frameworks;
Amendment 47 #
2018/0225(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In accordance with Article 9(1)of Regulation … FP/RfP Regulation, the financial envelope for the implementation of the Specific Programme for the period 2021 to 2027 shall be EUR 94 1120 000 000 000 in current prices.
Amendment 24 #
2018/0224(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) It is appropriate to further reduce the administrative burden for applicants in order to lower the barrier for participation especially for SME's, smaller research organisations and civil society organisations.
Amendment 29 #
2018/0224(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest, mutual benefit and global commitments to implement the UN SDGs. International cooperation should aim to strengthen the Union's research and innovation excellence, attractiveness and economic and industrial competitiveness, to tackle global challenges, as embodied in the UN SDGs, and to support the Union's external policies. An approach of general opening for international participation and targeted international cooperation actions, including low- and middle-income, countries, should be followed, including through appropriate eligibility for funding of entities established in low to middle income countries. At the same time, association of third countries to the Programme should be promoted.
Amendment 32 #
2018/0224(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The activities developed under the Programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation, in compliance with Articles 2 and 3 of the Treaty on European Union and Article 8 of the TFEU. The gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle. While excellence remains the sole principle of granting funds under Horizon Europe, the EU and Member States shall step up their efforts in order to reduce the gender gap in science and research and thus raise the share of female researchers awarded with funding under the EU programmes. In the framework of this regulation, particular importance should be given to ensure gender balance, subject to the situation in the field of research and innovation concerned, in evaluation panels and in other relevant advisory and expert bodies.
Amendment 35 #
2018/0224(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) While excellence remains the sole principle for awarding funds under Horizon Europe, the EU and its Member States may step up efforts for capacity building in remote and less competitive regions in order to allow their research organisations and industry to acquire more successfully funding under Horizon Europe. By doing so a concentration of funding in regions with well-established research organisations can be reduced.
Amendment 59 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in current prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
Amendment 67 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – introductory part
Article 9 – paragraph 2 – point b – introductory part
(b) EUR 52 778 600 000 000 for Pillar II 'Global Challenges and Industrial Competitiveness' for the period 2021-2027, of which
Amendment 70 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 2
Article 9 – paragraph 2 – point b – point 2
(2) EUR 24 800 000 000 for cluster 'Inclusive and Secure Society';
Amendment 72 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 3
Article 9 – paragraph 2 – point b – point 3
(3) EUR 125 000 000 000 for cluster 'Digital and Industry';
Amendment 73 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 4
Article 9 – paragraph 2 – point b – point 4
(4) EUR 1528 000 000 000 for cluster 'Climate, Energy and Mobility';
Amendment 78 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 6
Article 9 – paragraph 2 – point b – point 6
(6) EUR 2 23 100 000 000 for the non- nuclear direct actions of the Joint Research Centre (JRC);
Amendment 84 #
2018/0224(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d – paragraph 1 – point ii
Article 12 – paragraph 1 – point d – paragraph 1 – point ii
ii. commitment to a rules-based open market economy, including fair and equitable dealing with intellectual property rights and robust regulations on privacy and data protection, backed by democratic institutions;
Amendment 85 #
2018/0224(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Actions which are not ethically acceptable mayshall be rejected or terminated at any time.
Amendment 34 #
2018/0207(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09),
Amendment 35 #
2018/0207(COD)
Proposal for a regulation
Citation 5 b (new)
Citation 5 b (new)
Having regard to the European Parliament Resolution on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level (2018/2619(RSP),
Amendment 40 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values are at risk and must continue to be promoted andtected, promoted, enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, social rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 47 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common values, culture, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 52 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' awareness and active engagement in society and ultimately their involvement in the democratic and social life of the Union, strengthening social inclusion and fighting marginalization. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 56 #
2018/0207(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Citizens should also be more aware of their rights deriving from citizenship of the Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs, including their social rights, without any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation, sex characteristics, gender identity or any other grounds, no matter where in the Union they happen to be. Synergies should be ensured as regards to employment, social and education policies in the context of Erasmus+ and the ESF+. Civil society organizations, which are often facing difficulties in securing the necessary funding to develop and perform their activities independently and effectively, need to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.
Amendment 60 #
2018/0207(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Equality between women and men is a fundamental value and an objective of the European Union. Discrimination against and unequal treatment of womenany person based on their sex and/or gender violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of structural and cultural barriers hinders the achievement of real gender equality. Promoting and mainstreaming gender equality in all activities of the Union is therefore a core activity for the Union and a driver for economic growth and should be supported by the programme.
Amendment 69 #
2018/0207(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non- discrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, anti- gypsyism, anti-semitism, anti-muslim hatred, afrophobia and other forms of intolerance based on any other ground as well as recognising the fundamental rights of all persons to be treated with dignity. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 202010 ’ and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States11 . __________________ 10 11. Promoting tolerant and inclusive work places and recognising the rights of all to be treated with dignity within the workplace and society in general are ongoing goals which require more and stronger coordinated action, including by the allocation of sufficient funding. __________________ 10 COM(2011)173. COM(2011)173. 11 OJ C 378, 24.12.2013, p. 1. OJ C 378, 24.12.2013, p. 1.
Amendment 76 #
2018/0207(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 18 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at local, regional and national level.
Amendment 80 #
2018/0207(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and, unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. In order to facilitate participation to the Programme, including by small organizations, assistance should be ensured and any unnecessary administrative burden eliminated. Where appropriate, due consideration should be given to the possibility of a two-stage evaluation procedure and to the option of cascading grants and multiannual operating grants . As for co-funding rates, they should take into account the type and size of organizations for whom the programme calls are intended. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council20 Council Regulation (Euratom, EC) No 2988/9521 Council Regulation (Euratom, EC) No 2185/9622 and Council Regulation (EU) 2017/193923 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council24 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. __________________ 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 21 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292.15.11.96,, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 83 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting independent civil society organisations, in order to sustain of all sizes in order to nurture and sustain right-based, open, democratic, equal and inclusive societies.
Amendment 86 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and any kind of discrimination on grounds of sex, racial, social or ethnic origin, religion or belief, disability, age or, sexual orientation, sex characteristics, gender identity or any other grounds, and supporting comprehensive policies to promote gender equality, social inclusion and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance both online and offline;
Amendment 91 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) protecting and promoting the rights of the child, the rights of people with disabilities, Union citizenship rights, including social rights and the right to the protection of personal data.
Amendment 96 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) increasing citizens’ understanding of the Union, its history, cultural heritage, core values and diversity;
Amendment 97 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) promoting exchange and cooperation between citizens of different countrienational and cultural backgrounds; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of Union action and to foster solidarity;
Amendment 102 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. At least 50% of the resources referred to in paragraph 1(a) for the specific objectives referred to in article 2(2)(a) and 2(2)(c) shall be allocated to civil society organizations;
Amendment 105 #
2018/0207(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 2 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding. the following activities shall be eligible for funding: (a) awareness raising, education activities, dissemination of information to improve the knowledge of the policies and rights in the areas covered by the Programme; (b) mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding and civic and democratic engagement; (c) advocacy, analytical and monitoring activities to improve the understanding of the situation in the Member States and at EU level in the areas covered by the Programme as well as to improve the implementation of EU law and policies; (d) training relevant stakeholders to improve their knowledge of the policies and rights in the fields covered; (e) information and Communication Technology (ICT) tools development and maintenance; (f) strengthening citizen's awareness of European culture, core values, history and remembrance as well as their sense of belonging to the Union; (g) bringing together Europeans of different nationalities and cultures by giving them the opportunity to participate in town-twinning activities; (h) encouraging and facilitating active participation and public mobilization in the construction of a more democratic Union as well as awareness of rights and values through support to civil society organisations; (i) financing the technical and organisational support to implement Regulation [(EU)No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives; (j) developing the capacity of European networks to promote and further develop Union law, policy goals and strategies as well as supporting civil society organisations of all sizes, active in the areas covered by the Programme; (k) enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.
Amendment 106 #
2018/0207(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation and shall include provisions for cascading grants and multiannual operating grants.
Amendment 108 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.
Amendment 109 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) awareness raising, education activities, dissemination of information to improve the knowledge of the policies and rights in the areas covered by the Programme;
Amendment 110 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) advocacy, analytical and monitoring activities31 to improve the understanding of the situation in the Member States and at EU level in the areas covered by the Programme as well as to improve the implementation of EU law and policies ; __________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 112 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) strengthening citizen's awareness of European culture, core values, history and remembrance as well as their sense of solidarity and belonging to the Union;
Amendment 113 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
(h) encouraging and facilitating active participand inclusive participation and public mobilization in the construction of a more democratic Union as well as awareness of rights and values through support to civil society organisations
Amendment 114 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
(j) developing the capacity of European networks to promote, apply and further develop Union law, policy goals and strategies as well as supporting civil society organisations of all sizes, active in the areas covered by the Programme.
Amendment 209 #
2018/0206(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) ESF+ lays down provisions intended to achieve freedom of movement for workers on a non-discriminatory basis by ensuring the close cooperation of t. The central employment services of Member States working with one another and with the Commission. The European network of employment services, the social partners and the Commission should cooperate closely. The European network of employment services, with the involvement of the social partners, should promote a better functioning of the labour markets by facilitating the cross-border mobility of workers under fair conditions and a greater transparency of information on the labour markets. The ESF+ scope also includes developing and supporting targeted mobility schemes with a view to filling high-quality vacancies where labour market shortcomings have been identified. ESF+ also covers cross-border partnerships between regional public employment services and the social partners and the work done in the context of those partnerships to foster voluntary, fair mobility and the transparency and integration of cross-border labour markets, through the provision of information, advice and employment services. In many border regions these partnerships play an important role in the development of a genuinely European labour market.
Amendment 241 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘cross-border partnerships’ in the Employment and Social Innovation strand means permanent arrangements for cooperation between employment services and social partners in border areas comprising parts of at least two countries;
Amendment 316 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
i) improving access to high-quality employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting self- employment and the social economy;
Amendment 327 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
iii) iii) promoting women’s labour market participationgender equality in all fields, including the promotion of women’s labour market participation in forms which earn them a living wage, and the principle of equal pay for equal work, a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 392 #
2018/0206(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) EUR 761 000919 469 000 for the implementation of the Employment and Social Innovation strand;
Amendment 395 #
2018/0206(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. At least EUR 70 000 000 of the funds referred to in paragraph 4(a) shall be used for cross-border partnerships between employment services and social partners and their support services.
Amendment 405 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All programmes implemented under the ESF+ strand under shared management, as well as the operations supported by the Employment and Social Innovation and Health strands shall ensure gender equality between men and women throughout their preparation, implementation, monitoring and evaluation (gender mainstreaming). They shall also promote equal opportunities for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation throughout their preparation, implementation, monitoring and evaluation. In addition, the Member States and the Commission shall also implement targeted actions with the aim, in particular, of increasing the sustainable participation and career progression of women in employment, in return for a living wage, thus combating the feminisation of poverty, reducing gender-based segregation, combating gender stereotypes in the labour market and in education and training, and promoting the reconciliation of work and personal life for all, as well as the equal sharing of care responsibilities between men and women.
Amendment 413 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States are committed to gender budgeting with fixed target values (percentage of funding at programme level for women) in the management and evaluation of their operational programmes. With a view to monitoring equality, gender budgeting is an important tool for ensuring transparency of discrepancies in the gender balance in the ESF which are contrary to the principle of equitable participation, thus reinforcing gender equality in the ESF.
Amendment 469 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall allocate at least 24 % of their ESF+ ± resources under shared management to the specific objective of addressing material deprivation set out in point (xi) of Article 4(1) and/or to the specific objective of promoting social inclusion of the most deprived as referred to in point (x) of Article 4(1).
Amendment 472 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 498 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. EIn accordance with Article 6 of the [Common Provisions Regulation]1a and Commission Delegated Regulation (EU) No 240/20142a, each Member State shall ensure adequate participation of social partners and civil society organisations in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management. __________________ 1a Regulation (EU) No .../... of laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (OJ ... , …, p. ...). 2a Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L74, 14.3.2014, p. 1).
Amendment 516 #
2018/0206(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Addressing material deprivation and social exclusion
Amendment 517 #
2018/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resources referred to in Article 7(4) shall be programmed under a dedicated priority or programme. The co-financing rate for this priority or programme is 85 %.
Amendment 571 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 600 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayis to be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 606 #
2018/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) the costs of accompanying measures undertaken by or on behalf of beneficiaries and declared by the beneficiaries delivering the food and/or basic material assistance to the most deprived persons at a flat- rate of 5no less than 5 % of the costs referred to in point (a).
Amendment 621 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) to develop and provide specific support services to employees, employers and job-seekers with a view to the development of integrated European labour markets, ranging from pre- recruitment preparation to post-placement assistance, to fill vacancies in certain sectors, professions, countries, border regions or for particular groups (e.g. cross-border workers and vulnerable people);
Amendment 626 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) to support cross-border partnerships from Public Employment Services and social partners to promote a cross-border employment market and cross-border mobility under fair conditions in border regions.
Amendment 630 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d b (new)
Article 23 – paragraph 1 – point d b (new)
(db) to promote workers' voluntary geographical mobility on a fair basis and boost employment opportunities by developing high-quality and inclusive Union labour markets that are open and accessible to all, while respecting workers' rights throughout the Union, including freedom of movement;
Amendment 654 #
2018/0206(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b – point i
Article 24 – paragraph 2 – point b – point i
(i) cross-border partnerships and support serviceestablishment and activities of cross-border partnerships between Public Employment Services and social partners and multi-lingual support services provided by those entities to provide information, advice and agency services for cross-border workers, employees, job- seekers and employers in cross-border regions;
Amendment 664 #
2018/0206(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c – point iv
Article 24 – paragraph 2 – point c – point iv
(iv) of stakeholders (e.g. social partners) in view of transnational and cross-border cooperation;
Amendment 668 #
2018/0206(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Eligible actions by cross-border partnerships or stakeholders as listed in paragraph 2 which are financed as part of calls to submit proposals shall as a rule be co-financed by the Union at a rate of 95 % of the total eligible expenditure. Any financial support in excess of this ceiling shall only be granted in duly justified exceptional circumstances.
Amendment 670 #
2018/0206(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Governance 1. The Commission shall consult stakeholders in the Union, particularly social partners and civil society organisations, on the work programmes for the Employment and Social Innovation strands, their priorities, their strategic orientations, and their implementation. 2. The Commission shall establish the necessary links with the Employment Committee, the Social Protection Committee, the Advisory Committee on Health and Safety at Work, the Group of Directors-General for Industrial Relations and the Advisory Committee on Freedom of Movement of Workers in order to ensure that they are regularly and appropriately informed of progress in implementing the Programme. The Commission shall also inform other committees dealing with policies, instruments and actions of relevance to the Programme. 3. The results of the actions implemented under the Employment and Social Innovation strands shall be regularly and suitably communicated and disseminated to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, as well as to the social partners and to the public in order to maximise their impact, sustainability and Union added value.
Amendment 685 #
2018/0206(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Employment and Social Innovation strand and Health strand shall be implemented by work programmes referred to in Article [108] of Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. Provisions should be made in the Employment and Social Innovation strands for multi-annual work programmes and Union funding agreements with the providers of those measures.
Amendment 693 #
2018/0206(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 702 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Each Member State shall appoint one government representative, one representative of the workers' organisations, one representative of the employers' organisations, one representative of civil society with reference to Article 6(1)(c) of [the future CPR] and one alternate for each member for a maximum period of seven years. In the absence of a member, the alternate shall be automatically entitled to take part in the proceedings.
Amendment 709 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The ESF+ Committee shall include one representative from each of the organisations representing workers' organisations and, employers' organisations and civil society at Union level.
Amendment 721 #
2018/0206(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Reflows from financial instruments established by Employment and Social Innovation programme (EaSI 2014-2020) shall be invested in the financial instruments of the “social window” of the InvestEU Fund established under Regulation XXXEmployment and Social Innovation strands of the ESF+.
Amendment 724 #
2018/0206(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
All personal data are to be broken down by gender (female, male, 'non binary'). If certain results are not possiavailable, data for those results do not have to be collected and reported. For particularly disadvantaged groups, sensitive personal data can be collected anonymously.
Amendment 733 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1 b – paragraph 1 – introductory part
Annex I – point 1 – point 1 b – paragraph 1 – introductory part
If data for these indicators is not collected from data registers, values on these indicators can be determined based on informed estimates by the beneficiary. Participants provide this data on a voluntary basis, and there are no negative consequences for the participants or the organisation responsible for the project.
Amendment 762 #
2018/0206(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Common indicators for ESF+ support for promoting social integration for people who are particularly threatened by poverty or social exclusion, including the most deprived persons and children. All personal data are to be broken down by gender (female, male, ‘non-binary’). If certain results are not relevant, data for those results do not have to be collected and reported. All data are collected anonymously. Participants provide all data on a voluntary basis, and there are no negative consequences for the participants or the organisation responsible for the project. Common Output Indicators: – disadvantaged groups (such as the unemployed and long-term unemployed, people with disabilities, homeless people, single parents, third-country nationals, minorities, etc.) – children up to and including 18 years of age – those below 30 years of age – those over 54 years of age
Amendment 87 #
2018/0202(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Globalisation Adjustment Ffund (EGF)for fair transition
Amendment 142 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and implementevaluation of programmes including through participation in monitoring committees in accordance with Article 34. In the case of cross-border programmes (Interreg), participating Member States shall involve those partners from all participating Member States.
Amendment 164 #
Amendment 179 #
Amendment 204 #
2018/0196(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
(1) The managing authority shall electronically transmit to the Commission cumulative data for each programme by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November and 31 July of each year in accordance with the template set out in Annex VII. The first transmission shall be due by 31 January 2022 and the last one by 31 January 2030. For programmes under Article 4(1)(xi) of the ESF+ Regulation, data shall be transmitted annually by 30 November.
Amendment 205 #
2018/0196(COD)
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
(2) For the purposes of determining direct staff costs, an hourly rate may be calculated in one of the following ways:Does not affect the English version.)
Amendment 206 #
2018/0196(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) by dividing the latest documented annual gross employment costs plus likely additional expenditure because of pay rate increases or upgradings, for example, by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;
Amendment 208 #
2018/0196(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b
Article 50 – paragraph 2 – point b
(b) by dividing the latest documented monthly gross employment costs plus likely additional expenditure because of pay rate increases or upgradings, for example, by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.
Amendment 263 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the more developed regions.
Amendment 267 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 575 % for the transition regions;
Amendment 273 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 280 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 4
Article 106 – paragraph 3 – subparagraph 4
The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions and for combating material deprivation and social exclusion in accordance with Article [14] and Article 7(4) respectively of that Regulation.
Amendment 24 #
2018/0162(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) A broad debate involving social partners, Member States, training institutions and other stakeholders is necessary to investigate the possibility of creating a voluntary system of harmonised certificates going beyond the STCW in the level of training, in order to increase the competitive advantage of European seafarers. Such a STCW+ could establish “maritime certificates of excellence” based on European maritime postgraduate courses, which would provide European seafarers with skills above and beyond those required at international level. The courses would allow staying abreast of the fast-changing technology in the sector, such as shipboard technology and shore based support systems.
Amendment 25 #
2018/0162(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The education of European seafarers as masters and officers should be supported by exchanges of students between Maritime Education and Training Institutions across the Union.
Amendment 28 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5b – paragraph 7 a (new)
Article 5b – paragraph 7 a (new)
7a. By [insert date 5 years after the entry into force], the Commission shall present an evaluation of the impact of the mutual recognition of certificates issued by Member States on the employment of European seafarers.
Amendment 33 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2008/106/EC
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) to meet the standards of medical fitness, including physical and mental health, prescribed by Article 11; and
Amendment 53 #
2018/0129(COD)
Proposal for a directive
Recital 1
Recital 1
(1) It is the strategic objective of the Union to halve the number of road deaths by 2020 compared to 2010 and to move close to zero fatalities by 2050 ("Vision Zero")13 . However, progress towards achieving these objectives has stalled in recent years. Significant and urgent efforts and measures are needed to save lives and to avoid serious injuries on European Roads. _________________ 13 Communication from the Commission "Towards a European road safety area: policy orientations on road safety 2011-2020" (COM(2010) 389 final)
Amendment 55 #
2018/0129(COD)
Proposal for a directive
Recital 2
Recital 2
(2) According to the Safe System approach, death and serious injury in road accidents is largely preventable. It should be a shared responsibility at all levels to ensure that road crashes do not lead to serious or fatal injuries. In particular, well- designed and properly maintained roads should reduce the probability of road traffic accidents, whilst "“forgiving"” roads (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) should reduce the severity of accidents. Guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” building on the experience of all Member States should be developed by the Commission.
Amendment 59 #
2018/0129(COD)
Proposal for a directive
Recital 5
Recital 5
(5) A large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds. Therefore the limited extension of the scope of Directive 2008/96/EC to rural roads, to motorways and primary roads beyond the TEN-T network should contribute significantly to the improvement of road infrastructure safety across the Union and the same high level of safety to all road users.
Amendment 69 #
2018/0129(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Vulnerable road users accounted for 46% of road fatalities in the Union in 2016. Ensuring that the interests of these users are taken into account in all RISM procedures and the development of quality requirements for pedestrian and cycling infrastructure should therefore improve their safety on the road.
Amendment 71 #
2018/0129(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety, especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation. In particular, it is necessary to ensure that road markings and signs are visible under all circumstances and that they can be easily and reliably recognised by such vehicles and all road users.
Amendment 76 #
2018/0129(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) High-quality road signs and markings are crucial to support drivers as well as connected and automated vehicles; Minimum performance requirements for road markings and roads signs should be met to facilitate the roll-out of connected and automated mobility systems; a harmonised approach within the Union in accordance with the Vienna Convention on Road Signs and Signals of 1968 would be preferable.
Amendment 78 #
2018/0129(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Since the objective of this Directive, namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans- European network and the network of rural roads, of motorways and primary roads across the Union cannot be sufficiently achieved by the Member States, but can rather, as improvement is necessary throughout the Union in order to ensure convergence towards higher standards of road infrastructure safety, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. As a result of action at Union level, travel throughout the Union should become safer which in turn should improve the functioning of the internal market and support the objective of economic, social and territorial cohesion.
Amendment 85 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2008/96/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall apply to roads which are part of the trans-European network, to rural roads, motorways and to primary roads, whether they are at the design stage, under construction or in operation.
Amendment 99 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Article 2 – point 2 b
Article 2 – point 2 b
2b. ‘primary road’ means a road that is not a motorway but connects major cities or regions, or both, and is defined as a primary road in the EuroRegionalMap produced by the National Mapping and Cadastral Agencies of Europe;
Amendment 101 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Article 2 – point 2 b a (new)
Article 2 – point 2 b a (new)
2ba. ´rural road´ means a road outside urban areas that are not motorways or unpaved roads; 1a _________________ 1a Definition OECD, 1999
Amendment 109 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/96/EC
Article 4 – paragraph 6 (new)
Article 4 – paragraph 6 (new)
(2a) In Article 4 the following paragraph 6 is added: 6. The Commission shall set up guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) building on the experience of all Member States and promote them amongst auditors and transport planners. The Commission shall provide technical and financial assistance to support Member States in the implementation of the guidelines.
Amendment 112 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2008/96/EC
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
(2b) In Article 4 the following paragraph 7 is added: 6b. The Commission shall set up guidelines for applying progressively the concepts of “self-explaining” and “self enforcing roads” (roads that are designed for specific purpose or function, e.g. speed limits) in the procedures of road safety infrastructure management.
Amendment 119 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a network-wide road assessment is carried out on the entire road network in operation covered by this Directive. Network-wide road assessments shall comprise a visual inspection, an analysis ofdetailed examination taking into account traffic volumes and historic accident data and an assessment ofin order to classify crashes and impact severity risk. Member States shall ensure that the first assessment is carried out by 2025 at the latest. Subsequent network-wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels and analysis related to accidents, but in any case shall be carried out at least every five years.
Amendment 126 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall inform road users of the existence of a high accident concentration sections by appropriate measures.
Amendment 127 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. The Commission may publish a European map of the road network within the scope of this Directive, accessible online, highlighting the three different categories as referred to in Article 5(3).
Amendment 128 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5c. Member States may publish and make accessible to the public all the relevant documents, affecting the safety of the infrastructure, of concession provisions within the framework of public procurements.
Amendment 140 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 b – paragraph 1
Article 6 b – paragraph 1
Member States shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in Articles 3 to 6. The Commission shall develop quality requirements for pedestrian and cycling infrastructure.
Amendment 141 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
1a. Member States shall ensure that the needs of powered two wheelers (PTWs) are taken into account in the road design and maintenance.
Amendment 143 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Member States shall ensure that road markings and road signs are properly designed, visible under all circumstances and maintained in such a way that they can be easily and reliably recognised by both human drivers and vehicles equipped with driver assistance systems or higher levels of automation.
Amendment 148 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 c – paragraph 2
Article 6 c – paragraph 2
2. The Commission shall develop generalminimum performance requirements to facilitate the recognition of road markings and road signs. For this purpose, the Commission shall adopt an implementing act in accordance with the procedure referred to in Article 13(2).
Amendment 155 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/96/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
(5a) In Article 9, paragraph 1 is replaced by the following: 1. Within 2 years after coming into force of this Directive, the Commission shall adopt, by means of implementing acts in accordance with the procedure referred to in Article 13(2) common training curricula for road safety auditors based on best practice in Member States; In order to ensure that the needs of the most vulnerable roads users are taken into account, pedestrian and cycling infrastructure should be included as new part of training curricula.
Amendment 156 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/96/EC
Article 10
Article 10
In order to improve the safety of Union roads, the Commission shall establish a system for the exchange of information and best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology. Facilitating the exchange of experience on Safe System methodologies between practitioner and the information exchange for road safety auditors should be encouraged.
Amendment 161 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2008/96/EC
Annex I – section 2 – point e
Annex I – section 2 – point e
(e) traffic (e.g. traffic volume, traffic categorisation by type), including estimated pedestrian and bicycle flows determined from adjacent land use attributes;
Amendment 164 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 2 – point n
Annex II – section 2 – point n
(n) provisions for vulnerable road users:separation of pedestrians and cyclists from high speed motor traffic or existence of direct alternative routes on lower class roads;
Amendment 165 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point 1
Annex II – section 1 – point n – point 1
i) provisions for pedestriansdensity and location of crossings for pedestrians and cyclists across the new road,
Amendment 167 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point ii
Annex II – section 1 – point n – point ii
ii) provisions for cyclists,pedestrians and cyclists on affected roads in the area.
Amendment 171 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point c
Annex II a – section 1 – point c
(c) self-explaining alignment (i.e. "readability" of the alignment by drivroad users);
Amendment 176 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point g
Annex II a – section 1 – point g
(g) existence of pedestrian and cycling crossings.
Amendment 181 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 6 – point b
Annex II a – section 6 – point b
(b) roadside hazards and distance from carriageway or cycle path edge;
Amendment 185 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 2 – point d
Annex III – section 2 – point d
(d) observed bicycle volumes on both sides, noting “along” or “crossing”;
Amendment 189 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point a
Annex III – section 9 – point a
(a) pedestrian and cycling crossings (surface crossings and grade separation);
Amendment 193 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – paragraph 9 – point d
Annex III – paragraph 9 – point d
(d) bicycle facilities (cycle lanes, cycle paths, other);
Amendment 198 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point f
Annex III – section 9 – point f
(f) pedestrian and cycling crossing facilityies on entry arm of minor road joining network.
Amendment 200 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point fa (new)
Annex III – section 9 – point fa (new)
(fa) existence of alternative routes for pedestrians and cyclists in case of no separated facilities.
Amendment 32 #
2018/0114(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The concept of establishment within the meaning of the Treaty provisions on freedom of establishment involves the actual pursuit of an economic activity through a fixed establishment in the host Member State for an indefinite period and it presupposes the pursuit of genuine economic activity there. It is therefore appropriate to ensure that the company carrying out the cross-border conversion or the merging companies, in case of a cross-border merger, are required to demonstrate on the basis of ascertainable objective factors, to have a fixed establishment and to pursuit genuine and substantial economic activity in the destination Member State for an indefinite period. In order to combat abuses and to avoid the use of cross- border company restructuring processes to create artificial arrangements, it is also necessary to ensure that the companies resulting from cross-border conversions or cross-border mergers have their head office in the destination Member State.
Amendment 38 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a report explaining the implications of the proposed cross-border conversion for employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements. The report should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, whether there would be any material change in the employment relationships and the locations of the companies’ in the application of collective agreements as well as the locations of the companies’ central administration or places of business-places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the onlye provision of the report should be delivered in a timely manner and in such a way as to allow the employees of to meet withe company are in its administrative organ. The provision of the report should brepresentatives, to formulate their opinion and to seek external expert advice without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . __________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 49 #
2018/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border conversion, where the company carrying out the cross- border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organt is a fundamental principle and stated aim of this Directive to secure employees' involvement -rights. In order to reflect the cross-border nature of thea company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided ies' conversion, merger or division, national information and consultation rights must be secured. Therefore, in Directive 2001/86/EC, with a view to finding an amicable solution reconciling the right of the company to carry out a cross-border conversion with the employees' rights of participation. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within three yearsthe company resulting from the cross-border conversion and merger at least the same level of all elements of employee involvement rights should continue to apply.
Amendment 53 #
2018/0114(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The great diversity of rules and practices existing in the Member States as regards the manner in which employees' representatives are involved in decision- making within companies should be respected and acknowledged.
Amendment 54 #
2018/0114(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) Information and consultation procedures at national and transnational level should nevertheless be ensured in all companies resulting from the cross- border conversion or merger.
Amendment 55 #
2018/0114(COD)
Proposal for a directive
Recital 19 c (new)
Recital 19 c (new)
(19c) In order to ensure that employee participation is not prejudiced as a result of the cross-border conversion, where the company carrying out the cross-border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the continued exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organ of the company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to secure employees’ national and transnational information and consultation as well as participation rights As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. A company should inform its workforce about the results of those negotiations or the application of standard rules as set out in the Annex to Directive 2001/86/EC. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove or lower the participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within 10 years.
Amendment 58 #
2018/0114(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to prevent theA company shall not be allowed to circumvention of employee participation rights by means of a cross-border conversion, t. The company carrying out a conversion which is registered in thea Member State which provides for the employee participation rights, should not be able to perform a cross-border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifthtwo thirds of the national threshold for triggering such employee participation.
Amendment 71 #
2018/0114(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) In order to prevent conflicts of interests between the members of the management body and the interest of the company, they should not be allowed to benefit financially from the merger in the form of variable compensation, bonuses or rising share prices.
Amendment 79 #
2018/0114(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 87 #
2018/0114(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 91 #
2018/0114(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 96 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2017/1132
Article 1 a (new)
Article 1 a (new)
Amendment 99 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
(1b) After Article 1a, the following Article 1b is inserted: “Article 1b Definitions For the purposes of this Directive (7) ‘head office’ means the place where key management and commercial decisions that are necessary for the conduct of the company’s business as a whole are in substance made.”
Amendment 111 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudic. The company carrying out the cross-border conversion shall demonstrate on the basis of ascertainable objective factors, the actual establishment and the pursuit of genuine economic activity in the destination Member State for an indefinite period. The company carrying out the cross- border conversion shall be presumed to have an actual establishment and to pursue genuine economic activity ing the legal or cdestination Member State where it can demonstractual rights of employees, creditors or minority memberste that it has a fixed establishment in that State which has the objective appearance of permanency, has a management body and is materially equipped to negotiate business with third parties so that the latter do not have to deal directly with the parent body, which is abroad, but may transact business at the place of business constituting the establishment.
Amendment 115 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – introductory part
Article 86 d – paragraph 1 – introductory part
1. The management or administrative organ, including employee board level representatives, of the company which intends to carry out a cross-border conversion shall draw up the draft terms of a cross-border conversion. The draft terms of a cross-border conversion. If the company is subject to board level employee representation, this board shall be included into the decision on the draft terms in accordance with national law and practice. The draft terms of a cross- border conversion shall include at least the following:
Amendment 118 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point a
Article 86 d – paragraph 1 – point a
(a) the legal form, name and, location of the registered office, of the company in the departure Member State;
Amendment 119 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point d a (new)
Article 86 d – paragraph 1 – point d a (new)
(da) detailed information on the transfer of the central administration or principle place of business;
Amendment 122 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point h
Article 86 d – paragraph 1 – point h
(h) any additional salary, bonuses relating to the conversion or other special advantages granted to members of the administrative, management, supervisory or controlling organ of the converted company;
Amendment 123 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point i a (new)
Article 86 d – paragraph 1 – point i a (new)
(ia) the consequences of the cross- border conversion for the employees, including likely changes to the workforce, its organisation, or to the work description or place of specific posts and the consequences for the employees upholding such posts including its subsidiaries and branches located within the Member States, carrying out a cross- border conversion;
Amendment 125 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k
Article 86 d – paragraph 1 – point k
(k) wthere appropriate, likely repercussions of the cross-border conversion on employment information on the procedures by which arrangements for the involvement of employees in the definition of their rights to information, consultation and participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements.
Amendment 129 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 a (new)
Article 86 d – paragraph 1 a (new)
1a. Before the management or administrative organ decides on the draft terms of a cross-border conversion, the European Works Council and the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, the employees themselves and the trade unions represented should be informed and consulted on the proposed transfer in accordance with Article 4 of Directive 2002/14/EC1a. __________________ 1a Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation, OJ L 80, 23.3.2002, p. 29–34.
Amendment 135 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point a a (new)
Article 86 e – paragraph 2 – point a a (new)
(aa) the reasons of the cross-border conversion
Amendment 157 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point a a (new)
Article 86 f – paragraph 2 – point a a (new)
(aa) the reasons of the cross-border conversion;
Amendment 159 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(b) the implications of the cross-border conversion on the safeguarding of employment relationships and employee involvement, as well as measures to be taken in order to safeguard them;
Amendment 163 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point c
Article 86 f – paragraph 2 – point c
(c) any material changes in the conditions of employment, including through collective agreements, and in the location of the company’s places of business;
Amendment 164 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertakings according to Article 3 of Directive 2009/38/EC of the company.
Amendment 168 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d a (new)
Article 86 f – paragraph 2 – point d a (new)
(da) information on the procedures by which arrangements for the information, consultation and participation rights of employees in the resulting converted company are determined in accordance with the provisions of this directive;
Amendment 169 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d b (new)
Article 86 f – paragraph 2 – point d b (new)
(db) the implications of the cross- border conversion on the future business of the company and on the managements strategic plan;
Amendment 172 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d c (new)
Article 86 f – paragraph 2 – point d c (new)
(dc) the rights and remedies available to members opposing the conversion;
Amendment 175 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 a (new)
Article 86 f – paragraph 2 a (new)
2a. Before the management or administrative organ decides on the report to the members, the representatives of the employees of the company carrying out the cross-border conversion or, if there are no representatives, the employees themselves, should be informed and consulted on the proposed transfer in accordance with Article 4 of Directive 2002/14/EC1a. __________________ 1a Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation, OJ L 80, 23.3.2002, p. 29–34.
Amendment 176 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the European Works Council and the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the trade unions represented in the company, as well as to the members of the company carrying out the cross- border conversion.
Amendment 179 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
3a. The European Works Councils, where applicable, the national employee' representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 182 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
4. Where tThe management or administrative organ of the company carrying out the cross-border conversion receives, in good time,quests to submit an opinion from the representatives of their employees within one month or, where there are no such representatives, from the employees themselves, as provided for under national law, t. The members shall be informed thereof and that opinion shall be appended to that report.
Amendment 184 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. The executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated response on the opinion provided by employee before the date of the general meeting referred to in Article 86i.
Amendment 210 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h a (new)
Article 86 h a (new)
After Article 86h, the following Article 86ha is inserted: Article 86ha Approval by the employees After taking note of the reports referred to in Articles 86e, 86f and 86g, the representatives of the employees of the company carrying out the cross-border conversion or, if there are no representatives, the employees themselves, shall decide, by simple majority, whether to approve the draft terms of the cross- border conversion. In case the representatives of the employees or, where applicable, the employees themselves, reject the draft terms, the general meeting of the company shall not proceed to vote on the resolution referred to in Article 86i.
Amendment 220 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – title
Article 86 l – title
Article 86l Employee information, consultation and participation
Amendment 221 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l a (new)
Article 86 l a (new)
After Article 86l the following Article 86la is inserted: Article 86l a (new) Collective agreements Following the cross-border conversion, the company carrying out the cross- border conversion shall continue to observe the terms and conditions agreed in any collective agreements on the same terms applicable to the company before the conversion under such agreements, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.
Amendment 225 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph –1 (new)
Article 86 l – paragraph –1 (new)
-1. Where the management or administrative organs of the participating companies draw up a plan to carry out a conversion, they shall as soon as possible after publishing the draft terms of conversion take the necessary steps, including providing information about the identity of the participating companies, concerned subsidiaries or establishments, and the number of their employees, to start negotiations with the representatives of the companies' employees on arrangements for the involvement of employees in the company or companies resulting from the conversion.
Amendment 229 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2 – introductory part
Article 86l – paragraph 2 – introductory part
2. However, the rules in force concerning employee participation, if any, in the destination Member State shall not apply, where the company carrying out the conversion has, in the six months prior to the publication of the draft terms of the cross-border conversion as referred to in Article 86d of this Directive, an average number of employees equivalent to four fifthtwo thirds of the applicable threshold, laid down in the law of the departure Member State, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law of the destination Member State does not:
Amendment 232 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2 – point a
Article 86l – paragraph 2 – point a
(a) provide for at least the same level and elements of employee participation as operated in the company prior to the conversion, measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation; or
Amendment 233 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – introductory part
Article 86l – paragraph 3 – introductory part
3. IThe information, consultation and participation of employees in the converted company and their involvement in the definition of such rights and in the cases referred to in paragraph 2 of this Article, the participation of employees in the converted company and their involvement in the definition of such rights shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 237 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point b
Article 86l – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b), (c), (d), (e), (g) and (h), Article 4(3) and Article 4(4);
Amendment 245 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point g
Article 86l – paragraph 3 – point g
(g) Part 1, part 2 and point (a) of Part 3 of the Annex.
Amendment 249 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4
Article 86l – paragraph 4
4. When regulating the principles and procedures referred to in paragraph 3, Member States: shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (a) of Part 3 of the Annex.
Amendment 252 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point a
Article 86l – paragraph 4 – point a
Amendment 258 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point b
Article 86l – paragraph 4 – point b
Amendment 260 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point c
Article 86l – paragraph 4 – point c
Amendment 265 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Amendment 266 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 7
Article 86l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected also in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 63.
Amendment 271 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 7 a (new)
Article 86l – paragraph 7 a (new)
7a. Member States shall ensure, in accordance with Article 6 of Directive 2002/14/EC1a that employee’s representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. __________________ 1a Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation, OJ L 80, 23.3.2002, p. 29–34
Amendment 274 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 8 a (new)
Article 86l – paragraph 8 a (new)
8a. Member States shall provide for appropriate measures in the event of non- compliance with the provisions in this Article by the converting company. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Article to be enforced.
Amendment 275 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 8 b (new)
Article 86l – paragraph 8 b (new)
8b. Member States shall also provide for adequate sanctions to be applicable in the event of infringement of this Article by the converting company. These sanctions must be effective, proportionate and dissuasive.
Amendment 276 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 8 c (new)
Article 86l – paragraph 8 c (new)
8c. As soon as following the applicability of Art. 86l (3) in the first case referred to in paragraph 2, a threshold of the departure member state is exceeded new negotiations need to be initiated according to the following provisions of this article. Different from Art. 86l (5) the standard rules refer to the level of employee participation that would be legally foreseen for the company in the country of origin above the threshold if the company had not undergone the cross-border conversion.
Amendment 280 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86m – paragraph 5 – point b
Article 86m – paragraph 5 – point b
(b) all comments and opinions submitted by interested parties in accordance with Article 86h (1), particularly the opinion referred in Article 86 f (4);
Amendment 286 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(da) the arrangements made for the exercise of the rights of creditors, members and employees, in particular whether (i) a European works council exists and how the necessary information and consultation procedures have been applied, (ii) employee board level representation rights have been considered (or are not applicable) and (iii) where applicable, a special negotiating body has been formed and (iv) where applicable, the standard rules have been applied.
Amendment 297 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point -a
Article 1 – paragraph 1 – point 7 – point -a
Directive (EU) 2017/1132
Article 122 – introductory part
Article 122 – introductory part
(-a) the introductory part is replaced by the following: “The management or administrative organ including employee board level representatives, of each of the merging companies shall draw up the common draft terms of a cross-border merger. The common draft terms of a cross-border merger shall include at least the following particulars:”
Amendment 298 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point -a a (new)
Article 1 – paragraph 1 – point 7 – point -a a (new)
Directive (EU) 2017/1132
Article 122 – point (a a) (new)
Article 122 – point (a a) (new)
(-aa) after point (a) the following point is added: (aa) detailed information about the transfer of the head office of the company to the destination Member State, in case it is not already located there;
Amendment 302 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 3 – point c
Article 123 – paragraph 3 – point c
(c) an indication, for each of the merging companies, of the arrangements made for the exercise of the rights of creditors, employees and membersmembers and employees, in particular whether (i) a European works council exists and how the necessary information and consultation procedures have been applied, (ii)employee board level representation rights have been considered (or are not applicable) and (iii) where applicable, a special negotiating body has been formed and (iv)where applicable, the standard rules have been applied;
Amendment 317 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point b
Article 124a – paragraph 2 – point b
(b) the implications of the cross-border merger on the safeguarding of the employment relationships and employee involvement, as well as measures to be taken in order to safeguard them;
Amendment 321 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point c
Article 124a – paragraph 2 – point c
(c) any material changes in the conditions of employment, including through collective agreements, and in the locations of the companies’ places of business;
Amendment 322 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point c a (new)
Article 124a – paragraph 2 – point c a (new)
(ca) information on the procedures by which arrangements for the information, consultation and participation rights of employees in the resulting company following the cross-border merger, in accordance with the provisions of this Directive;
Amendment 323 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d
Article 124a – paragraph 2 – point d
(d) whether the factors set out in points (a), (b), (c) and (ca) also relate to any branches or subsidiaries of the merging companies.
Amendment 326 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 – subparagraph 1
Article 124a – paragraph 3 – subparagraph 1
The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the European Works Council, the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the trade unions represented as well as to the members of each of the merging companies.
Amendment 334 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive (EU) 2017/1132
Article 125a (new)
Article 125a (new)
(11a) After Article 125 the following Article 125a is inserted: Article 125a Approval by the employees After taking note of the reports referred to in Articles 124, 124a and 125, the representatives of the employees of each merging company or, if there are no representatives, the employees themselves, shall decide, by simple majority, whether to approve the draft terms of the cross- border merger. In case the representatives of the employees or, where applicable, the employees themselves, of at least one of the merging companies reject the draft terms, the general meeting of the merging companies shall not proceed to vote on the resolution referred to in Article 126.
Amendment 341 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive (EU) 2017/1132
Article 127 – paragraph 1
Article 127 – paragraph 1
(a) in paragraph, 1, the following subparagraphs are added: paragraph 1 is replaced by the following: “1. Each Member State shall designate the court, notary or other authority competent to scrutinise the legality of the cross-border merger as regards that part of the procedure which concerns each merging company subject to its national law and the provisions of this Directive. Member States shall ensure that the authority referred to in the first subparagraph shall not authorise the cross-border merger where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement. This examination shall be carried out by the authority in accordance with the procedures in Article 86g, Article 86m(7)(c) and Article 86n, mutatis mutandis. The authorities of the Member States of the merging companies shall cooperate and exchange information during this process. The merging companies shall demonstrate on the basis of ascertainable objective factors, to have a fixed establishment and to pursuit genuine and substantial economic activity in the destination Member State for an indefinite period. The merging companies shall not be considered to have a fixed establishment and to pursue genuine and substantial economic activity in the destination Member State unless they can demonstrate that:-they have a fixed establishment in the destination Member State which has the objective appearance of permanency and performs substantial business activities, conducts its business in relevant premises, with a relevant number of employees employed on a permanent basis, and has a management body that is materially equipped to negotiate business with third parties; and- the consolidated combined EBIDTA generated by the operations of the merging companies in the destination Member State in the last two fiscal years corresponds at least to 25% of the combined consolidated EBIDTA generated by the merging companies in the European Union. The head office of the company resulting from the cross- border merger shall be located in the destination Member State within 5 months from the date on which the cross-border merger takes effect according to Article 129. In case this condition has not been complied with, the cross-border merger shall be declared null and void. The authority referred to in the first subparagraph of the destination Member State shall verify that this condition has been respected and shall communicate the result of such verification to the authorities of the Member States of the merging companies.;”
Amendment 342 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a a (new)
Article 1 – paragraph 1 – point 14 – point a a (new)
Directive (EU) 2017/1132
Article 127 – paragraph 1
Article 127 – paragraph 1
(a a) (-a) paragraph 1 is replaced by the following: “1. Each Member State shall designate the court, notary or other authority competent to scrutinise the legality of the cross-border merger as regards that part of the procedure which concerns each merging company subject to its national law and the provisions of this Directive. Member States shall ensure that the competent authorities do not authorise the cross-border merger where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement. This examination shall be carried out by the competent authorities in accordance with the procedure in Article 86 g, mutatis mutandis. The companies carrying out the cross- border merger shall demonstrate on the basis of ascertainable objective factors, the actual establishment and the pursuit of genuine economic activity in the destination Member State for an indefinite period. The companies carrying out the cross-border merger shall be presumed to have an actual establishment and to pursue genuine economic activity in the destination Member State where it can demonstrate that it has a fixed establishment in that State, which has the objective appearance of permanency, has a management body and is materially equipped to negotiate business with third parties so that the latter do not have to deal directly with the parent body, which is abroad, but may transact business at the place of business constituting the establishment of the acquiring company.”;
Amendment 347 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive (EU) 2017/1132
Article 133
Article 133
(18) Article 133 is amended as follows: (a) paragraph 7 is replaced by the following: "7. Where the company resulting from the cross-border merger is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic mergers, divisions or conversions for a period of three years after the cross-border merger has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6."; (b) the following paragraph 8 is added: "8. A company shall communicate to its employees whether it chooses to apply standard rules for participation referred to in point (h) of paragraph 3 or whether it enters into negotiations within the special negotiating body. In the latter case the company shall communicate to its employees the outcome of the negotiations without undue delay."; (-a) The title is replaced by the following: Employee information, consultation and participation” (-aa) the following paragraph - 1 is added: “- 1. Where the management or administrative organs of the participating companies draw up a plan to carry out a merger, they shall as soon as possible after publishing the draft terms of mergers take the necessary steps, including providing information about the identity of the participating companies, concerned subsidiaries or establishments, and the number of their employees, to start negotiations with the representatives of the companies' employees on arrangements for the involvement of employees in the company or companies resulting from the merger.” (-ab) in paragraph 2, the introductory part is replaced by the following: “2. However, the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border merger has its registered office shall not apply, where at least one of the merging companies has, in the six months prior to the publication of the draft terms of the cross-border merger as referred to in Article 123, an average number of employees equivalent two thirds of the applicable threshold, laid down in the law of the departure Member State, which triggers the participation of and is operating under an employee participation system within the meaning of point (k) of Article 2 of Directive 2001/86/EC1a, or where the national law applicable to the company resulting from the cross-border merger does not.”; (-ac) in paragraph 3, point (a) is replaced by the following: “(a) Article 3(1), (2)(a), (i), 2 (b) and (3), the first indent of the first subparagraph of Article 3(4), the second subparagraph of Article 3(4) and Article 3(5), the third subparagraph of Article 3 (6) and Article 3 (7);” (-ad) in paragraph 3, point (b) is replaced by the following: “(b) Article 4(1),Article 4(2)(a), (g) and (h) and Article 4(3) and Article 4 (4);” (-ae) in paragraph 3, point (e) is replaced by the following: “(e) the first subparagraph of Article 7 (1);” (-af) in paragraph 3, point (f) is replaced by the following: “(f) Articles 8, 9, 10 and 12;” (-ag) in paragraph 3, point (h) is replaced by the following: “(h) Annex.”; (-ah) paragraph 4 is replaced by the following: “4. When regulating the principles and procedures referred to in paragraph 3, Member States shall ensure that the rules on employee participation that applied prior to the cross-border merger continue to apply until the date of application of any subsequently agreed rules or, in the absence of agreed rules, until the application of default rules in accordance with point (a) of Part 3 of the Annex.”; (a) paragraph 7 is replaced by the following: "7. Where the company resulting from the cross-border merger is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees’ participation rights are protected in the event of any subsequent cross-border or domestic mergers, divisions or conversions for a period of ten years after the cross-border merger has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6."; (b) the following paragraph 8 is added: "8. A company shall communicate to its employees whether it chooses to apply standard rules for participation referred to in point (h) of paragraph 3 or whether it enters into negotiations within the special negotiating body. In the latter case the company shall communicate to its employees the outcome of the negotiations without undue delay."; (ba) the following paragraph 9 is added: “9. Member States shall provide for appropriate measures in the event of non- compliance with the provisions in this Article by the company resulting from the cross-border merger. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Article to be enforced.”; (bb) the following paragraph 10 is added: “10. Member States shall also provide for adequate sanctions to be applicable in the event of infringement of this Article by the company resulting of the cross-border merger. These sanctions must be effective, proportionate and dissuasive.”; (bc) the following paragraph 11 is added: “11. As soon as following the applicability of Article 86l (3) in the first case referred to in paragraph 2, a threshold of the departure Member State is exceeded, new negotiations need to be initiated according to This Article. Different from Article 86l (5) the standard rules refer to the level of employee participation that would be legally foreseen for the company in the country of origin above the threshold if the company had not undergone the cross-border merger.”; __________________ 1a Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees, OJ L 294, 10.11.2001, p. 22–32.
Amendment 352 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive (EU) 2017/1132
Article 134a (new)
Article 134a (new)
(19a) After Article 133 the following Article 134a is inserted: “Article 134a Collective agreements Following the cross-border merger, the company resulting from the cross-border merger shall continue to observe the terms and conditions agreed in any collective agreements on the same terms applicable to the merging companies before the cross-border merger, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.”;
Amendment 353 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Chapter IV
Chapter IV
Amendment 17 #
2018/0106(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153, 154, 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 20 #
2018/0106(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to initiative report of the European Parliament on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies,
Amendment 30 #
2018/0106(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to the protection afforded to employees when reporting on breaches of Union employment law. In particular, in the area of occupational safety and health, Article 11 of Framework Directive 89/391/EEC already requires Member States to ensure that workers or workers' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and/or to remove sources of danger. Workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health but does not foresee the right to report breaches.
Amendment 34 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform or performed services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, contractor or subcontractor or where the employee-like relationship is solely bound to directives, which are types of relationships where standard protections against unfair treatment are often difficult to apply. __________________ 52 Judgments of 3 July 1986, 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 38 #
2018/0106(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Whistleblowers should be protected also when they disclose information to the public, including through the media, as insufficient whistleblower protection would affect individuals’ freedom of expression as well as the public’s right to access information and media freedom.
Amendment 39 #
2018/0106(COD)
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33b) In order to facilitate public disclosures and establish an open culture of reporting in line with the Council of Europe Recommendation CM/Rec (2014) 7 on the protection of whistleblowers, the conditions for public disclosures should be sufficiently flexible, allowing the media to fulfil its democratic role as vector of freedom of expression and information.
Amendment 70 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of the individual protection of persons reporting breaches of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 73 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards the following areas:
Amendment 76 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)
Article 1 – paragraph 1 – point a – point x a (new)
(xa) social rights, individual and collective workers' rights as well as the rights of their representatives;
Amendment 81 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) persons having or having had the status of a worker or an employee-like employment relationship, with the meaning of Article 45 TFEU;
Amendment 86 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and unpaid trainees;
Amendment 87 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) any person facilitating the report on possible breaches;
Amendment 88 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) family members of the reporting person;
Amendment 89 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d c (new)
Article 2 – paragraph 1 – point d c (new)
(dc) any person presenting new information on the breach.
Amendment 92 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means any actual or potential unethical or dishonest misconduct or actual or potential unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 97 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘work-related context’ means current or past work activities regardless of the employment status or business relationship in the public or private sector through which, irrespective of their nature, persons may acquire information on breaches and within which these persons may suffer retaliation if they report them.
Amendment 98 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;
Amendment 103 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons. Workers and their representatives shall be consulted on proposals to set up respective channels and procedures.
Amendment 105 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Such channels must guarantee the anonymity of the reporting person as well as their personal information.
Amendment 107 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) municipalities with more than 10 000 inhabitants;
Amendment 119 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. It shall be ensured that a worker considering making a report is protected to discuss, be accompanied and represented by his/her trade union, including throughout the internal process.
Amendment 128 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person while protecting her or his anonymity;
Amendment 138 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls withthat the information reported falls within the scope of this Directive. The protection covers whatever reporting channel was used; the individual circumstances of each case will determine the scope of this Directivemost appropriate channel.
Amendment 143 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. A person reporting externally shall qualify for protection under this Directive where one of the following conditions is fulfilledn raising concerns about matters under national law implementing union law in particular when he or she was entitled to report directly to a competent authority by virtue of Union law :
Amendment 147 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the use of internal reporting channels wasould not mandatory for the reporting person, in accordance with Article 4(2)have achieved the same results;
Amendment 149 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) he or she could not reasonably be expected to use internal reporting channels in light of the subject- matter of the report;
Amendment 151 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
(e) he or she had reasonable grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities;
Amendment 153 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
Amendment 155 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f a (new)
Article 13 – paragraph 2 – point f a (new)
(fa) he or she has reasonable grounds to believe that the information reported was true at the time of reporting.
Amendment 159 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where one of the following conditions applies:
Amendment 162 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) where the public has an overriding interest in being informed directly.
Amendment 166 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) transfer or restriction of duties, change of location of place of work, reduction in wages, change in working hour and allowances, change or reduction in working hours and working time arrangements;
Amendment 167 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) withholding of training and vocational training;
Amendment 170 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point h a (new)
Article 14 – paragraph 1 – point h a (new)
(ha) mandatory psychiatric or medical referrals;
Amendment 171 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
(i) failure to convert a temporary or non-standard employment contract into a permanent one;
Amendment 174 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
(na) actual, threatened or attempted retaliatory actions;
Amendment 176 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
(nb) obstruction or cancellation of retirement benefits.
Amendment 190 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.
Amendment 192 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In judicial proceedings relating to a detriment suffered by the reporting person, and subject to him or her providing reasonable grounds to believe that the detriment was in retaliation for having made the report or disclosure, it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report but was exclusively based on duly justified grounds.
Amendment 193 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. In addition to the exemption from measures, procedures and remedies provided for in Directive (EU) 2016/943, in judicial proceedings, including for defamation, breach of copyright, breach of secrecy or for compensation requests based on private, public, or on collective labour law, reporting persons shall have the right to rely on having made a report or disclosure in accordance with this Directive to seek dismissal of proceedings.
Amendment 194 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8a. Reporting persons shall have access to psychological support.
Amendment 201 #
2018/0106(COD)
Proposal for a directive
Article 19
Article 19
Member States mayshall introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive and shall establish reporting systems on national provisions, without prejudice to Article 16 and Article 17(2).
Amendment 202 #
2018/0106(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 38 #
2018/0064(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to be effective, the Authority needs a clearly defined objective and a strong focus on a limited number of tasks. It is crucial that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value, in particular in the area of compliance, implementation and enforcement of relevant Union law in the area of labour mobility and the facilitation of joint inspections.
Amendment 39 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It, such as the transport sector. This sector is particularly affected by existing unfair and exploitative employment practices across all transport modes and the existence of legislative loopholes allow for cross-border wage and social dumping, a downgrading of terms and conditions for workers, poorer-quality services, and the distortion of fair competition. The authority should also enhance cooperation between Member States in tackling undeclared work, letter box companies, fraudulent postings and bogus self-employment. . In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 56 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members. This shall also apply to workers from third countries who are not legally resident in the Union but are subject to postings of any duration to the EU.
Amendment 58 #
2018/0064(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is ton establishing an Internal Market is working for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.
Amendment 62 #
2018/0064(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Labour mobility within the Internal Market is based on the three fundamental principles: freedom of movement for workers which relates to permanent, seasonal and frontier workers, as well as to jobseekers who move to another Member State to integrate into its labour market); freedom of establishment, and freedom to provide services by sending employed persons by their employer to carry out a service in another Member State without integrating in its labour market or by self-employed persons who move to another Member State to carry out a service.
Amendment 65 #
2018/0064(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Compliance with Union law in the area of labour mobility is confronted with differing implementations and interpretations by Member States, thus creating legal uncertainty and facilitating abuse. The diversity of labour markets and the structure of social protection systems in the different Member States, the existence in some Member States of many different competent authorities, as well as the differences between functions, capacities and powers of the competent authorities in different Member States seriously hinder and negatively affect cooperation between them and implementation of Union law in the area of labour mobility.
Amendment 66 #
2018/0064(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) Workers moving to take up employment in another Member State are more vulnerable to discrimination and various types of social fraud such as by means of letterbox companies and bogus self-employment despite being entitled to equal treatment with nationals in access to employment, working conditions and all other social and tax conditions, including social security. Due to a lack of knowledge and sufficient information about their rights, but also due to unscrupulous employers or labour market intermediaries and of insufficient control by competent national authorities, such workers may be negatively affected by underpayment and inadequate health and safety standards being applied at the workplace, by discriminatory, fraudulent and abusive working arrangements, as well as by trafficking for labour exploitation. Therefore it is highly necessary that dedicated efforts for addressing and tackling challenges and problems faced by workers when moving or working in another Member State should be undertaken.
Amendment 66 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, both at the workplace or roadside and at the premises, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections should have minimum investigation powers. The results of the joint inspections should have legal effects in the Member States concerned.
Amendment 67 #
2018/0064(COD)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) Remaining concerns regarding compliance with, as well as implementation and effective and efficient enforcement of Union law related to labour mobility, jeopardise trust and fairness in the Internal Market. It is therefore crucial to improve the compliance, implementation and enforcement of Union law in the area of labour mobility and to prevent and tackle discrimination, exploitation and abuse of workers’ rights in order to ensure fair labour mobility and fair competition in the Internal Market, so that bona fide workers and companies can enjoy their rights and make use of the opportunities of the Internal Market to the fullest extent.
Amendment 71 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptionsin strengthening their cooperation in order to ensure the effective application of the Union law in the area of labour mobility within the Internal. Market and should mediate and facilitate a solution in case of disputes between Member States concerning this law.
Amendment 73 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, supporthelp to improve compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions. To this end, the Authority should also be able to take binding decisions where necessary.
Amendment 76 #
2018/0064(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Despite various previous initiatives, administrative cooperation at a national level remains limited and exchanges of information are sporadic and incomplete. To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices.
Amendment 85 #
2018/0064(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to be effective, the Authority needs a clearly defined objective and a strong focus on a limited number of tasks. It is crucial that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value, in particular in the area of compliance, implementation and enforcement of relevant Union law in the area of labour mobility and the facilitation of joint inspections.
Amendment 86 #
2018/0064(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Improving access to information by individuals and establishments, about their rights and obligations in the areas of free movement of workers, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. While provision of such reliable, up-to- date and easy accessible information should remain responsibility of Member States at national or regional level with the support of the Commission under Regulation (EU) No 2016/589 of the European Parliament and the Council 1a, the Authority should assist Member States' competent national authorities for better cooperation and coordination between them in exchanging information and best practices in the area of labour mobility and for exploring the possibility of creating or facilitating help desks or one-stop-shops dedicated to labour mobility within the internal market issues for individuals and establishments. __________________ 1a Regulation (EU) No 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1).
Amendment 89 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility within the internal market and social security coordination, including freedom of movement ofor workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared workas well as freedom of establishment and freedom to provide services. It should also provide operational support to the European Platform to enhance cooperation in tackling undeclared work by assuming the functions of its Secretariat. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 93 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobilecross- border provision of services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 109 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) promote effective enforcement of EU Labour and Social rights;
Amendment 110 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) combat unfair competition, undeclared work, letterbox companies, fraudulent postings and promote the enforcement of equal pay for equal work;
Amendment 112 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40, Directive 2004/38/EC40a and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 40a DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 119 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals and establishments covered by the activities of the Authority should be persons whoand undertakings that are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family memberse freedom of movement for workers, freedom of establishment and freedom of provision of services in the Internal Market.
Amendment 123 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) tackle cross-border wage and social dumping;
Amendment 137 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they canose listed above may benefit from a fair and effective iInternal mMarket, the Authority should promote opportunities for individuals and employbased on fair and voluntary labour mobility and fair competition, as well as in orders to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilkeep track of emerging trends, challenges or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve initiating access to cross- border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbonnalyses and studies and carrying out risk assessments and peer reviews. The Authority should analyse the effectiveness of the existing actions, initiatives and networks at Union level for addressing obstacles and unfair practices harming labour mobility within the Internal Market and should analyse the risk of infringement of labour mobility rights, of discrimination of mobile workers and of trafficking for labour exploitation. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies, services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the fAuture single digital gateway53 . __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]hority. On the basis of its analyses the Authority should reach conclusions and give recommendations to the Commission and Member States for corresponding measures.
Amendment 147 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the EURES, the Your Europe portal, the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , the Internal Market Information System, the Senior Labour Inspectors Committee and the European Platform to enhance cooperation in tackling undeclared work as well as with relevant national services such as the bodies tocharged with promoteing equal treatment and to support Unioning mobile workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 151 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) request Member States to carry out inspections or initiate investigations. The national social partners shall be able to report possible instances of EU cross- border mobility infringements to the Authority in order to request that the national authorities carry out an investigation. The Authority shall inform the social partners as to the reasoning behind any decisions to take measures or not.
Amendment 158 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should supportimprove cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should supporthelp Member States’ to compliance withy with their cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 160 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant informationcomprehensive information and advisory services on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 166 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers, trade unions and workers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 168 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) provide information on wages and wage-setting and include information on joining a trade union;
Amendment 170 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections should have minimum investigation powers. The results of the joint inspections should have legal effects in the Member States concerned.
Amendment 174 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 190 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purposedispute settlement. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 193 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d a (new)
Article 8 – paragraph 1 – subparagraph 2 – point d a (new)
(da) provide information to the social partners as to why the Authority decides or not to take action against a Member State.
Amendment 197 #
2018/0064(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 201 #
2018/0064(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Authority should be governed and operated in line withtaking into consideration the principles of the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies of 19 July 2012.
Amendment 204 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and, the Commission and social partners should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director and a Deputy Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 212 #
2018/0064(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Without prejudice to the powers of the Commission, the Management Board, the Executive Director and the Deputy Executive Director should be independent in the performance of their duties and act in the public interest.
Amendment 214 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners, including recognized EU sectoral social partners representing different sectors particularly concerned by labour mobility issues. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 214 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 227 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. Where inspections concern international transport, staff of the Authority shall have the power to carry out, in accordance with the national law of the Member State concerned, all necessary on-site inspections, including the power to enter any premises, land or means of transport, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information, data or documents, irrespective of their storage medium;
Amendment 232 #
2018/0064(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility within the Internal Market, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, and the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 233 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. National social partners shall have the opportunity to request that national authorities carry out joint inspections with the ELA.
Amendment 235 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities ofoperate with the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulationand be permitted to attend meetings of the Administrative Commission and its committees.
Amendment 236 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulationsmediation function between Member States related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009.
Amendment 242 #
2018/0064(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011 provide a forum for consultation of social partners and government representatives at national level. The Authority should contribute to their work and mayshould participate in their meetings.
Amendment 245 #
2018/0064(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and Decision (EU) 2016/589344 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 248 #
2018/0064(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and (EU) 2016/589 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 249 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority may carry out in- depth analyses and studies to investigate specific labour mobility issues if so requested by the Stakeholder Group.
Amendment 254 #
2018/0064(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workers and services and to contribute to strengthening fairness in the iInternal mMarket cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities and the need for increased cooperation between Member States, as well as for improved compliance, implementation and enforcement of the Union law be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 257 #
Amendment 258 #
2018/0064(COD)
Proposal for a regulation
Article 1 – title
Article 1 – title
Amendment 259 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union. ct within the powers conferred to it by this Regulation and in accordance with Regulation (EU) No 492/2011 of the European Parliament and of the Council 69a, Directive 2014/54/EU of the European Parliament and the Council 69b, Regulation(EU) 2016/589 of the European Parliament and the Council 69c, Directive 96/71/EC of the European Parliament and the Council 69d and Directive 2014/67/EU of the European Parliament and the Council 69e, Regulation(EC) No 883/2004 of the European Parliament and the Council 69f, Regulation (EC) No 987/2009 of the European Parliament and the Council69g , Regulation(EU) No 1231/2010 of the European Parliament and the Council69h; as well as Council Regulation (EC) No 1408/716 69i and Council Regulation (EC) No 574/72 69j,and Decision(EU) 2016/344 of the European Parliament and the Council 69k including all legal acts adopted pursuant to those legislative acts. __________________ 69a Regulation(EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p.1). 69b Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 69c Regulation(EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p.1). 69d Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996concerning the posting of workers in the framework of the provision of services(OJ L 18, 21.1.1997, p. 1). 69e Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 69f Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 69g Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 69h Regulation(EU) No 1231/2010 of the European Parliament and of the Council of 24 November2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 69i Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 69j Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1). 69k Decision(EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 264 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. Such a role shall not prevent the possibility of legal action at a national or European level in the future.
Amendment 266 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating tofield of activity of the Authority shall comprise ensuring fairness in the field of cross-border labour mobility and improving the coordination of social security systems within the Union.
Amendment 270 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up. The ELA may intervene in the case of refusal by the Member State or national authority to provide information and impose sanctions. In the event of a mediation failure then the Authority shall have the right to ask the Commission to look at initiating infringement proceedings against the Member State concerned. If the Commission decides to pursue infringement proceedings then the Authority should be granted the right to litigate before the ECJ .
Amendment 275 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall also perform tasks related to aspects of sector-specific Union law which concern labour mobility.
Amendment 278 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. 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 280 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objectivpurpose of the Authority shall be to contribute to ensuringpromote fair labour mobility in the internal market. To that end, the Authority shall:
Amendment 284 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internalunder the freedoms of movement for workers and of provision of services and with regard to social security coordination in the internal market aimed at the development of a genuine Union labour market. To this end, the Authority shall:
Amendment 294 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and nd encourage the necessary activities for the purpose of promoting fair labour mobiligationsty as well as to relevant servpreventing and countering unfair labour mobility practices;
Amendment 295 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission. The members may be accompanied by experts to meetings of the Stakeholders Group.
Amendment 296 #
2018/0064(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multi- annual and annual programming in accordance with Commission Delegated Regulation (EU) No 1271/201373 and taking into account guidelines set by the Commission. The Stakeholder Group will be consulted on the proposal for the annual programme. _________________ 73 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 299 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) oversee and examine the application of relevant Union law by and within Member States and forward conclusions and recommendations;
Amendment 307 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportenhance cooperation between Member States inwith the cross-border enforcement of relevant Union law, includingpurpose of consistent, efficient and effective compliance, implementation and enforcement of relevant Union law as referred to in Article 1(2)(3), including proposing and facilitating joint inspections;
Amendment 309 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportimprove cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;
Amendment 320 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate afor reaching solutions in cases of cross-border disputes between national authorities or labour market disruptionconcerning labour mobility issues.
Amendment 331 #
2018/0064(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Definitions For the purposes of this Regulation the following definitions apply: (1) “mobile worker” means a worker within the meaning of Article 45 TFEU or a natural person providing services within the meaning of Article 53(1) TFEU; (2) “seasonal worker' means a citizen of the Union who retains his or her principal place of residence in one Member State and moves temporarily to the territory of another Member State to carry out an activity dependent on the passing of seasons, for an undertaking established in that Member State for a limited period and who stays in the territory of that Member State for the duration of activity; (3) “frontier worker” means a person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week; (4) “posted worker” means a worker who, for a limited period, carries out work in the territory of a Member State other than that in which he or she normally works; (5) “fraudulent work contract” means an agreement to engage a natural person as a worker or to provide services, which disguises a different legal relationship for the purpose of financial gain; (6) “trafficking for labour exploitation” means the recruitment of workers from a Member State by means of coercion, fraud or deception with regard to the potential job, location or employer for the purpose to exploiting their labour in another Member State;
Amendment 334 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In order to achieve its objectives as stipulated in Article 2, the Authority shall carry out the following tasks:
Amendment 336 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 346 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) facilitate cooperation andand encourage cooperation, coordination, as well as the exchange of information between national authorities with a view to the effectiveconsistent, effective and efficient compliance, implementation and enforcement of relevant Union law, in accordance with Article 8;
Amendment 347 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) oversee the application of Union law in the area of labour mobility, as well as examine breaches of this law such as various forms of social fraud, infringements and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and forward the corresponding conclusions and recommendations in accordance with Article 8a and 8b;
Amendment 355 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) propose, coordinate and support concerted and joint inspections, in accordance with Articles 9, 10 and 10a;
Amendment 356 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments on issues of cross-borderrelated to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11;
Amendment 359 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) issue guidelines and interpretative opinions on relevant Union law and support Member States with capacity- building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;
Amendment 369 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, and, where necessary, help to settle disputes by means of decisions, in accordance with Article 13;
Amendment 375 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 391 #
2018/0064(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 438 #
2018/0064(COD)
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the
Amendment 462 #
2018/0064(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 465 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance withhelp to ensure that they comply with their cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 466 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate and encourage cooperation between Member States and support their effective compliance with cooperation obligationcommitments, including on information exchange, as defined in Union law within the scope of the Authority’s competences. as referred to in Article 1.
Amendment 470 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To thatis end, the Authority shall, upon request of national authorities, and in order to speed up exchanges between them, in particular shall:
Amendment 474 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of national authorities or at its own initiative, and in order to speed up exchanges between them, in particular:
Amendment 479 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchangthe exchanges of information including on the status of cases between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;
Amendment 484 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point c
Article 8 – paragraph 1 – subparagraph 2 – point c
(c) promote and share best practicessharing of best practices between Member States and provide them with such practices regarding its own knowledge;
Amendment 487 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 489 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilithelp to ensure thate cross-border enforcement procedures of penalties and fines; work;
Amendment 491 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines; provide assistance to recover workers’ financial entitlements and to identify the place of jurisdiction;
Amendment 501 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 504 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e a (new)
Article 8 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers in the area of labour mobility within the internal market, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare;
Amendment 505 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
Article 8 – paragraph 1 – subparagraph 2 a (new)
In the event of a persisting problem or a refusal to cooperate without proper justification, the Authority shall inform the Commission. The Commission shall, being informed and after consulting the Member State concerned, take all necessary measures to remedy the situation. Any permanent refusal to cooperate constitutes an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 506 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours.
Amendment 509 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority’s competences.
Amendment 513 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 523 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud,, such as a future European social security register for access to relevant data in real time, in order to facilitate the detection of fraud, in particular in social security area. The Authority shall providinge reports to the Commission with a view to their further development.
Amendment 531 #
2018/0064(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Oversight of the application of Union law 1. In order to oversee the application of the relevant Union law, the Authority shall: (a) cooperate with other Union bodies, initiatives and networks, such as the Administrative Commission for social security coordination, Senior Labour Inspectors Committee, the European Network of Public Employment Services, the European Enterprise Network, SOLVIT, Your Europe Portal, Internal Market Information System, EURES and the Border Focal Point, in particular to identify obstacles to fair and voluntary labour mobility and fair competition and shall forward recommendations to the Commission for overcome such obstacles; (b) collect information about cases of non-compliance and of violation of Union law, of infringement and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and shall give conclusions and recommendations for preventive and coercive measures to the competent authorities at Union and national levels; (c) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13. (d) facilitate cross-border enforcement procedures of penalties and fines by elaborating and monitoring, in cooperation with Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate. (e) supervise the cooperation between Member States and if a Member State persistently refuses to cooperate, the Authority shall refer the case to the Commission. 2. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours. 3. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority’s competences.
Amendment 535 #
2018/0064(COD)
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Amendment 543 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspecor of social partners' organisations ior on the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectioninitiative the Authority, Member States shall work towards concluding an agreement between them and the Authority for concerted or joint inspections in the areas under the scope of the Authority’s competences.
Amendment 553 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.
Amendment 555 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Upon the agreement, the Authority shall facilitate and coordinate the inspections under paragraph 1.
Amendment 561 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concernedIf an agreement for concerted or joint inspections cannot be reached Member States that decline concluding an agreement shall submit to the Authority considerations and additional information on the nature of the issue in question and shall suggest approaches towards resolution of the case under consideration. The Authority shall assess the information received and submit a reasoned opinion on the issue.
Amendment 569 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information aboutMember States shall keep information regarding the envisaged inspection confidential.
Amendment 584 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 603 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Officials from another Member State and from the Authority participating in concerted or joint inspections shall have the same powers as national officials in accordance with the national legislation of the concerned Member State. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections shall have minimum investigation powers in accordance with Article 10a.
Amendment 604 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. Concerted and join inspections shall not replace nor undermine national competences. National authorities should also be fully associated in the process and have full and autonomous authority. Where trade unions are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the trade unions concerned so agree.
Amendment 633 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Member States shall ensure that during legal proceedings, the information collected in accordance with this Article may be relied upon as evidence under the same conditions as evidence legally collected on their national territory.
Amendment 653 #
2018/0064(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 655 #
2018/0064(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 657 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry outinitiate analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threatchallenges and recurring problems encountered by individuals and employers in relation to cross-border mobilityconcerning labour mobility within the internal market. Such analyses and assessments shall also take into consideration the impacts and the consequences of labour market imbalances. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of discrimination of mobile workers, fraudulent work contracts, trafficking for labour exploitation and social fraud, as well as of skills forecasting and health and safety at work. Upon a request by the Commission or upon its own initiative, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 682 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Authority shall support Member States with capacity building aimed at promoting the consistent compliance, implementation and enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:
Amendment 687 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop interpretative opinions, common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 700 #
2018/0064(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 717 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 728 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure.
Amendment 739 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level relating to the disagreement concerned shall not be admissible for mediation by the Authority.
Amendment 745 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of thesuccessful mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up.
Amendment 746 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. If the mediation is not successfully completed within a reasonable period of time, or if no successful conclusion can be anticipated, the Authority may refer the matter to the Dispute Settlement Board. The Dispute Settlement Board may, in accordance with the procedure referred to in paragraph 17(3), take a decision requiring the competent authorities concerned to take, or refrain from taking, certain measures to resolve the matter, in order to ensure compliance with Union law.
Amendment 748 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. Within three months of a decision by the Dispute Settlement Board, the Member States concerned shall notify the Authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision.
Amendment 753 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases and dispute settlement procedures it handles.
Amendment 762 #
2018/0064(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 781 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) an Executive Board, which shall exercise the functions set out in Article 22a;
Amendment 782 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) an Executive Director and a Deputy Executive Director who shall exercise the responsibilities set out in Article 23 and 23a respectively;
Amendment 787 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 789 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board and a Dispute Settlement Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 796 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
The Dispute Settlement Board shall comprise the national liaison officers referred to in Article 33, a representative of the Commission, the Executive Director and three independent experts nominated by the Management Board. In case of dispute settlement procedures under Article 13, the National Liaison Officers of the Member States concerned, the Executive Director, the Commission representative and the three independent experts shall participate. The Executive Director shall act as chair. Decisions shall be taken by a two-thirds majority of the votes cast; the Commission representative shall not vote.
Amendment 799 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of: (a) one senior representative from each Member State and two representatives of the Commission, all of whom have voting rights; (b) one member representing the employers' organisations from each Member State; (c) one member representing the employees' organisations from each Member State; (d) two representatives of the Commission; (e) three independent experts appointed by the European Parliament.
Amendment 807 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. All members referred to in point 5 (a) to (d) of paragraph 1 shall have voting rights. The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. The responsible committee of the European Parliament shall appoint the experts referred to in point (e) of the first subparagraph after verifying that the appointments raise no conflicts of interest.
Amendment 808 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his or her absence. The alternate shall be appointed following the procedure as provided for in the paragraph 1a.
Amendment 810 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall bhave appointed by their respective Member States in light of theirropriate knowledge in the fields referred to in Article 1(2), taking into accountas well as relevant managerial, administrative and budgetary skills.
Amendment 814 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Amendment 817 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
Amendment 822 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard. The Members of the Management Board shall ensure that the general interests of the Union and of the Authority are upheld.
Amendment 824 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablerenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 829 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. Within the Management Board, the representatives of governments, employers' organisations and employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberations within and between the groups. The coordinators of the employers' and employees' groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote.
Amendment 831 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
5b. A representative of Eurofound, EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.
Amendment 832 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) adopt, by a two-thirds majority of its members entitled to vote, the annual budget of the Authority, after the budget has been submitted to the Stakeholders Group for an opinion, and exercise other functions in respect of the Authority's budget pursuant to Chapter IV;
Amendment 833 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented, after the strategy has been submitted to the Stakeholders Group for an opinion;
Amendment 834 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) adopt rules, including measures for detecting potential risks at an early stage, for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), as well as for seconded national experts, and shall publish annually on ithe Authority's website their declarations of interests of the Management Board memberand updates;
Amendment 837 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) adopt the rules of procedures of the working groups and panels of the Authority set up in accordance with Article 17(2) and (3) and appoint three independent experts pursuant to Article 17(3) and two substitutes for each expert for a term of 10 years;
Amendment 839 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point l
Article 19 – paragraph 1 – point l
(l) establish, where appropriate, an internal audit capacity;
Amendment 840 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point m
Article 19 – paragraph 1 – point m
(m) appoint the Executive Director and the Deputy Executive Director, and where necessary extend his or renew ther term of office or remove him or therm from office in accordance with Article 32;
Amendment 844 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairpersons from among the members with voting rights as follows: one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission, and shall strive for gender balance. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of the members of the Management Board with voting rights. The Management Board shall ensure a balanced representation between men and women for the Chairperson and the Deputy Chairpersons, taken together.
Amendment 850 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.
Amendment 852 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairperson s shall be fourtwo years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 858 #
2018/0064(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 860 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point f
Article 23 – paragraph 4 – point f
(f) preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;
Amendment 861 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point i
Article 23 – paragraph 4 – point i
(i) preparing the draft financial rules applicable to the Authority and presenting them to the Management Board for approval;
Amendment 863 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
Article 23 – paragraph 4 – point j a (new)
(ja) in accordance with the decision referred to in Article 19 (2), taking decisions with regard to the management of human resources;
Amendment 865 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point j b (new)
Article 23 – paragraph 4 – point j b (new)
(jb) taking decisions with regard to the Authority’s internal structures and, where necessary, their amendment, taking into account the needs relating to the Authority’s activities and sound budgetary management;
Amendment 866 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point j c (new)
Article 23 – paragraph 4 – point j c (new)
(jc) cooperating with other Union agencies, and concluding cooperation agreements with them;
Amendment 868 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point k a (new)
Article 23 – paragraph 4 – point k a (new)
(ka) preside over dispute settlement proceedings.
Amendment 871 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, as well as to establish a liaison office in Brussels to further the Agency's cooperation with the relevant Union institutions and bodies. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.
Amendment 872 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. Without prejudice to the respective roles of the Management Board in relation to the tasks of the Executive Director, the Executive Director shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body. Neither Member States, the Union institutions or bodies, nor any other public or private body shall seek to influence the Executive Director in the performance of his tasks. In accordance with the Staff Regulations referred to in Article 68, the Executive Director shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
Amendment 873 #
2018/0064(COD)
Proposal for a regulation
Chapter 3 – section 2 a (new)
Chapter 3 – section 2 a (new)
Section 2a Deputy Executive Director Article 23a Deputy Executive Director 1. The Deputy Executive Director shall be a member of staff and shall support the Executive Director in carrying out the Authority’s functions and activities. Without prejudice to paragraph 3, the Deputy Executive Director shall be under the authority of the Executive Director. The Executive Director shall present details of the Deputy Executive Director’s functions to the Management Board for approval. 2. The Deputy Executive Director may attend, and accompany the Executive Director, at the meetings of the Management Board and the Executive Board. 3. Article 32 shall apply mutatis mutandis to the Deputy Executive Director.
Amendment 874 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. To facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this Regulation, a Stakeholder Group with advisory functions attached to the Authority shall be established.
Amendment 877 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Stakeholder Group mayshall, in particular, subm: (a) oversee the Authority’s activities; (b) approve by a two-thirds majority opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation. f its members the annual budget of the Authority; (c) where appropriate, contribute to internal audit; (d) approve the appointment of the Executive Director, and where necessary the extension or removal of his or her term of office; (e) approve the Authority’s draft single programming document referred to in Article 25 before its submission to the Commission for its opinion; (f) adopt, having received the opinion of the Commission, the Authority single programming document by a two-thirds majority in accordance with Article 25.
Amendment 881 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Director and shall meethold at least twice a yearo ordinary meetings per year. In addition, it shall meet on the initiative of the Executive Director or at the request of the Commission, or at the request of a majority of its members.
Amendment 882 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Directora Chair elected amongst its members and shall meet at least twice a year on the initiative of the Executive DirectoChair or at the request of the Commission or on the initiative of one-third of its members. It shall participate in meetings convene by the Management Board in accordance with Article 21(4).
Amendment 884 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Director and shall meet at least twice a year on the initiative of the Executive Director or at the request of the Commission, at the request of the Commission or of at least two representatives of stakeholders. If a meeting is requested, the Executive Director shall be required to convene one immediately. The meeting must be held within three weeks of being convened.
Amendment 886 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six: (a) one member representing the employers’ organisations from each Member State; (b) one member representing the employees’ organisations from each Member State; (c) eight representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission. including of recognised EU sectorial social partners from different sectors particularly concerned by labour mobility issues;
Amendment 890 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions andone national trade union and one national employer’s organisations from each Member State, and two representatives of the Commission.
Amendment 891 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixeight representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commissionincluding of recognised EU sectoral social partners from different sectors particularly concerned by labour mobility issues.
Amendment 900 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The Authority shall provide the secretariat for the Stakeholder Group. The Stakeholder Group shall adopt its rules of procedure by a two-thirds majority of its members entitled to vote. The rules of procedure shall be subject to approval by the Management Board.
Amendment 903 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The Stakeholder Group may establish working groups on specific topics.
Amendment 905 #
2018/0064(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multi- annual and annual programming in accordance with Commission Delegated Regulation (EU) No 1271/201373 and taking into account guidelines set by the Commission, after the document has been submitted to the Stakeholder Group for an opinion. __________________ 73 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 910 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
Amendment 911 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure which guarantees a rigorous assessment of the candidates and a high degree of independence. Before his or her appointment, the candidate selected shall appear at a hearing before and shall answer questions of the responsible committee of the European Parliament.
Amendment 913 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The term of office of the Executive Director shall be five years. By six months before the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.
Amendment 915 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulativeoverall period.
Amendment 916 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission, on the basis of a reasoned assessment of his or her performance as an Executive Director.
Amendment 918 #
2018/0064(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Deputy Executive Director The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
Amendment 942 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1– point na
Article 1– point na
(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;
Amendment 943 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1 – point na
Article 1 – point na
“(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;”;
Amendment 944 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 1 a (new)
Article 46 – paragraph 1 – point 1 a (new)
Regulation (EC) No 883/2004
Article 71 – paragraph 1
Article 71 – paragraph 1
(1a) In Article 71, paragraph 1 is replaced by the following: “1. The Administrative Commission for the Coordination of Social Security Systems(hereinafter called "the Administrative Commission") attached to the Commission of the European Communities shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the Commission of the European Union and a representative of the European Labour Authority shall attend the meetings of the Administrative Commission in an advisory capacity.”;
Amendment 945 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 –point (g)
Article 72 –point (g)
Amendment 946 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2 – introductory part
Article 46 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 883/2004
Article 72 - point g
Article 72 - point g
(2) in Article 72, the following point (ga) is replaced by the followinginserted:
Amendment 947 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 - point g a
Article 72 - point g a
ga) “(ga) establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the European Labour Authority referred to in Article 74provide the European Labour Authority with technical input and expertise when required.”;
Amendment 948 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Article 46 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Article 73
Article 73
Amendment 950 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Article 46 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Article 73
Article 73
Amendment 951 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 952 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 953 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 5 – introductory part
Article 46 – paragraph 1 – point 5 – introductory part
Regulation (EC) No 883/2004
Article 76 – paragraph 6
Article 76 – paragraph 6
(5) in Article 76(6), the secondfollowing sentence is replaced by the followingadded:
Amendment 954 #
2018/0064(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 5
Article 46 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Article 76 – paragraph 6
Article 76 – paragraph 6
Amendment 955 #
Amendment 959 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 1
Article 47 – paragraph 1 – point 1
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) ‘European Labour Authority’ means the body referred to in Article 74 of the basic Regulation.established by [Regulation Establishing the Authority]';
Amendment 961 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 2 – introductory part
Article 47 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 987/2009
Article 5 – paragraph 4
Article 5 – paragraph 4
(2) in Article 5, the following paragraph 4a is replaced by the followingadded:
Amendment 962 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 2
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a
Article 5 – paragraph 4 a
4a. Where no agreement is reached between the institutions concerned on a matter related to employed, self-employed or unemployed persons, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month following the date on which the Administitution that received the document submitted its requestrative Commission was called to intervene by the institutions concerned. The European Labour Authority shall endeavour to reconcile the points of view in accordance with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
Amendment 964 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 3 – introductory part
Article 47 – paragraph 1 – point 3 – introductory part
Regulation (EC) No 987/2009
Article 6 – paragraph 3
Article 6 – paragraph 3
(3) in Article 6, the following paragraph 3a is replaced by the followinginserted:
Amendment 965 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 3
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6 – paragraph 3a
Article 6 – paragraph 3a
3a. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arosematter was brought before it. The European Labour Authority shall seek to reconcile the points of view in line with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
Amendment 966 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 4
Article 47 – paragraph 1 – point 4
Amendment 967 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 5
Article 47 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
Amendment 968 #
2018/0064(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point 6
Article 47 – paragraph 1 – point 6
Regulation (EC) No 987/2009
Article 69
Article 69
Amendment 971 #
2018/0064(COD)
Proposal for a regulation
Article 49
Article 49
Regulation (EU) 2016/589
Articles 1, 3, 7, 8, 9, 29
Articles 1, 3, 7, 8, 9, 29
Amendment 973 #
2018/0064(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Decision (EU) 2016/344
Article 2–paragraph 1–point (da); Article 8–paragraph 1–subparagraph 3; Article 9
Article 2–paragraph 1–point (da); Article 8–paragraph 1–subparagraph 3; Article 9
Article 49a Amendments to Decision (EU) 2016/344 Decision (EU) 2016/344 is amended as follows: (1) In Article 2, paragraph 1, the following point (ca) is added: “(ca) The Executive Director of the European Labour Authority.” (2) In Article 8, paragraph 1, subparagraph 3 is replaced by the following: “The Bureau shall prepare and organise the work of the Platform in conjunction with a Secretariat, which shall function as a secretariat to the Platform, including the Bureau and working groups. The Secretariat shall be provided by the European Labour Authority.” (3) Article 9 is replaced by the following: “Article 9 Cooperation 1.The Platform shall cooperate effectively and shall avoid duplication of work with other relevant expert groups and committees at Union level whose work has a link with undeclared work, in particular, the Senior Labour Inspectors Committee, the Administrative Commission for Social Security Coordination, the Public Employment Services Network, Employment Committee (EMCO), Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Direct Taxation. The Platform shall invite the representatives of those groups and committees to attend its meetings as observers where appropriate. In the interest of more efficient working and enhanced impact, joint meetings may also be organised. 2. The Platform shall establish appropriate cooperation with the European Labour Authority, Eurofound and EU-OSHA.”
Amendment 974 #
2018/0064(COD)
Proposal for a regulation
Article 50 – subparagraph 1
Article 50 – subparagraph 1
Decision 2009/17/EC and Decision (EU) 2016/344 areis repealed.
Amendment 975 #
2018/0064(COD)
Proposal for a regulation
Article 50 – subparagraph 2
Article 50 – subparagraph 2
References to Decision 2009/17/EC and Decision (EU) 2016/344 shall be construed as references to this Regulation.
Amendment 1 #
2017/2277(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
-1 having regard to the Universal Declaration of Human Rights,
Amendment 2 #
2017/2277(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
-1a having regard to the European Charter of Fundamental Rights (2012/C 326/02),
Amendment 3 #
2017/2277(INI)
Motion for a resolution
Citation -1 b (new)
Citation -1 b (new)
-1b having regard to the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106),
Amendment 4 #
2017/2277(INI)
Motion for a resolution
Citation -1 c (new)
Citation -1 c (new)
-1c having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights,
Amendment 5 #
2017/2277(INI)
Motion for a resolution
Citation -1 d (new)
Citation -1 d (new)
-1d having regard to the European Social Charter of 3 May 1996,
Amendment 6 #
2017/2277(INI)
Motion for a resolution
Citation -1 e (new)
Citation -1 e (new)
-1e having regard to its resolution of 15 September 2016 on Application of the Employment Equality Directive,
Amendment 7 #
2017/2277(INI)
Motion for a resolution
Citation -1 f (new)
Citation -1 f (new)
-1f having regard to the European Chronic Disease Alliance’s joint statement on “Improving the employment of people with chronic diseases in Europe” (2017),
Amendment 11 #
2017/2277(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to its resolution of 25 November 2015 on the EU Strategic Framework on Health and Safety at Work 2014-2020,
Amendment 15 #
2017/2277(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Declaration of Philadelphia of 10 May 1944 on the goals and objectives of the International Labour Organisation (ILO),
Amendment 16 #
2017/2277(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its resolution of 23 May 2007 on promoting decent work for all1a, __________________ 1a OJ C 102 E, 24.4.2008, p. 321.
Amendment 17 #
2017/2277(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the Commission communication on a ‘Renewed social agenda: Opportunities, access and solidarity in 21st century Europe’ (COM(2008)0412),
Amendment 18 #
2017/2277(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the Commission report on the implementation of the European social partners’ Framework Agreement on Work-related Stress (SEC(2011)0241),
Amendment 19 #
2017/2277(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
- having regard to the Commission communication on ‘Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work’(COM(2007)0062),
Amendment 20 #
2017/2277(INI)
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
- having regard to Council Directive 2000/78/EC of 27November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 21 #
2017/2277(INI)
Motion for a resolution
Citation 5 g (new)
Citation 5 g (new)
- having regard to the anti- discrimination directive 2000/78/EC and ECJ case law such as ECJ 11 April 2013, Joined Cases C-335/11 and C-337/11 (HK Danmark), which together establish the prohibition for employers to discriminate when a long term ill health can be assimilated to handicap, as well as the obligation for employers to make reasonable adaptations to working conditions,
Amendment 22 #
2017/2277(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Joint Action on Mental Health and Well-being launched in 2013,
Amendment 24 #
2017/2277(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the EU-OSHA’s current campaign entitled ‘Healthy Workplaces Manage Stress’,
Amendment 29 #
2017/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 32 #
2017/2277(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the availability and comparability of data on occupational diseases at EU-level is deficient1a; __________________ 1aReport on the current situation in relation to occupational diseases systems in EU Member States and EFTA/EEA countries, EC (2013).
Amendment 33 #
2017/2277(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas according to Eurofound’s Third European Quality of Life Survey 2001–2012, roughly 28% of Europeans report having a chronic physical or mental health problem, illness or disability; whereas 1 in 4 people of working age (15-64) are estimated to live with longstanding health problems that restrict their daily activities1a; whereas 350 million working days are lost in the European Union each year due to work- related health problems;1b __________________ 1a https://www.eurofound.europa.eu/observa tories/eurwork/comparative- information/employment-opportunities- for-people-with-chronic-diseases 1bhttp://www.enwhp.org/fileadmin/rs- dokumente/dateien/Hearts_Minds- Summary.pdf
Amendment 34 #
2017/2277(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas work-related stress in particular, and psychosocial risks in general, are a growing problem for employees and employers across the EU and almost half of all workers consider it to be present at their workplace; whereas work-related stress is the second most frequently reported work-related health problem in Europe; whereas work-related stress contributes to absenteeism, negatively impacts productivity and accounts for almost half the number of working days lost each year; whereas actions taken to manage psychosocial risks vary across the Member States;1a __________________ 1aSecond European Survey of Enterprises on New and Emerging Risks (ESENER- 2), EU-OSHA (2015)
Amendment 35 #
2017/2277(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Amendment 38 #
2017/2277(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas smoking, alcohol and drug abuse are amongst the most significant health risk factors for the working age population in the EU, linked with both injuries and various non- communicable diseases1a; whereas 20 to 25% of all workplace accidents involve people under the influence of alcohol1b and it is estimated that between 5 % and 20 % of the working population in Europe have serious problems related to their use of alcohol;1c whereas the reintegration of workers who have suffered from substance abuse problems into quality employment presents specific challenges for employers; __________________ 1a Institute for Health Metrics and Evaluation (2016) GBD Compare Data Visualization. http:// vizhub.healthdata.org/gbd-compare 1bScience Group of the European Alcohol and Health Forum (2011) Alcohol, Work and Productivity. https://ec.europa.eu/health//sites/health/fil es/alcohol/docs/science_02_en.pdf 1cEurofound (2012) Use of alcohol and drugs at the workplace. https://www.eurofound.europa.eu/sites/def ault/files/ef_files/docs/ewco/tn1111013s/tn 1111013s.pdf
Amendment 43 #
2017/2277(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the reintegration of workers into labour markets is also deeply interconnected withrecovering from injury or illness into quality employment is an increasingly important issue given the rising incidence of chronic diseases, disabilities and mental health disorderproblems, as well as injuries and illnesses;
Amendment 45 #
2017/2277(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a study in 2013 demonstrated that 21.8% of cancer patients aged 18-57 years old became unemployed right after being diagnosed, with 91.6% of this group becoming unemployed 15 months after diagnosis; whereas this patient group experienced a waiting period six months longer than average before being employed again;1a __________________ 1aSource: data from national study conducted in France in 2013 (the VICAN 2), reported in European Guide on Quality Improvement in Comprehensive Cancer Control, Chapter 7 Survivorship and rehabilitation. CanCon Joint Action.2017. https://cancercontrol.eu/archived/uploads/ images/Guide/pdf/CanCon_Guide_FINA L_Web.pdf
Amendment 47 #
2017/2277(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas a 2011 Eurostat study found that only 5.2% of employed people who are limited in their work capabilities because of a longstanding health problem and/or a basic activity difficulty report to use special working arrangements, while 24.2% of the non-employed ones specify that those would be needed to return to work1a; __________________ 1a Source: Eurostat, 2011 LFS ad hoc module (hlth_dlm190)
Amendment 49 #
2017/2277(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the adoption of appropriate and individually tailored approaches towards the reintegration of people recovering from injury or illness into quality employment is an important factor in preventing additional absenteeism or sickness presenteeism, both of which put additional strain on the individual employee, the productivity of the enterprise, as well as the national social security system;
Amendment 51 #
2017/2277(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas work plays an important role in facilitating the recovery and rehabilitation process given the important positive psycho-social benefits work brings to the employee, particularly for those suffering from mental health problems;
Amendment 56 #
2017/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas good occupational safety and health practices are crucial for a productive and motivated workforce, which helps companies remain competitive and innovative and helps to maintain valuable skills and work experience, reduce staff turnover and prevent exclusion, accident and injury;
Amendment 62 #
2017/2277(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the improved health and reintegration of workers is a fundamental individual right as contained within the Universal Declaration of Human Rights; whereas work increases the overall wellbeing of society, has economic benefits to Member States, employees and employers and helps to retain skills that would otherwise be lost;
Amendment 80 #
2017/2277(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses the importance of investing more in risk-prevention policies as well as promoting, developing and supporting a culture of prevention as regards health and safety at work; points out that the quality of preventive services is key to supporting companies, in particular SMEs, to carry out risk assessment and take adequate preventive measures; calls on the Commission to examine the tasks and training requirements of preventive services laid down in national legislation by the Member States;
Amendment 81 #
2017/2277(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Calls on the Member States to implement effective policy and regulatory action on tobacco, healthy diets, alcohol consumption and air quality and to promote such policies at the workplace; further calls on Member States to develop integrated health services with social, psychological, work services and occupational medicine;
Amendment 82 #
2017/2277(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that there is a strong case forn urgent need to tackle discrimination and prejudices against employees who are at the early stages of their diagnosis through better enforcement of the anti- discrimination directive 2000/78/EC, as well as improving the management of sickness absence by employers in the Member States as well as fornd to makinge workplaces more adaptable to chronic conditions and disabilities;
Amendment 92 #
2017/2277(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the forthcoming EU Strategic Framework on Health and Safety at Work post 2020 should further prioritise investments through EU funds aimed at prolonging healthier working lives and supporting recruitment and return to work, where desired and where medical conditions allow, of all people recovering from illness or injury into quality employment; further considers that an integral part of this strategy should be to invest in both primary and secondary preventative mechanisms, through the provision of e-health technologies, such as discrete blood glucose monitors, allowing patients and healthcare professionals to monitor and effectively manage their condition and avoid co- morbidities in the long run;
Amendment 95 #
2017/2277(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the valuable role trade unions play in the reintegration of workers recovering from injury and illness into quality employment; calls on employers to work with trade unions to ensure support is in place for the represented workers from the very early stages of diagnosis; notes that such measures play an important role in preventing psychosocial problems for the employee later on in their diagnosis;
Amendment 98 #
2017/2277(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages Member States to engage fully in the forthcoming 2020-2022 EU-wide campaign on the prevention of work-related musculoskeletal disorders (MSDs) and to find innovative non- legislative solutions; calls for the active involvement, reiterates the European Parliament’s call for the Commission to take action on some of the most prevalent work-related health problems in Europe and submit without delay a proposal for a comprehensive legal instrument on MSDs and stress-related diseases; calls ofn the Member States in the dissemination of information provided by the EU-OSHAand employers to take a proactive role in integrating the information provided by the EU-OSHA into their workplace policies and programmes;
Amendment 104 #
2017/2277(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to conduct studies, broken down by gender, age and area of economic activity, into the incidence of musculoskeletal disorders among the working population at national level, with a view to preventing and combating the emergence of these disorders;
Amendment 107 #
2017/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that implementing measures forsystemic psychosocial risk prevention in a systematic way should bes a crucial feature of modern workplaces; calls on the Member States to provide support to businesses in managing these risknotes with concern the rise in reported cases of mental health and psychosocial problems over recent years, calls on the Member States to provide support to businesses in implementing a coherent set of workplace policies and programmes to enhance prevention of these problems, tackle mental health stigma, and support to employees facing existing conditions;
Amendment 114 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of updating and providing common health indicators and definitions of work-related diseases, including stress at work, and EU-wide statistical data with a view to setting targets to reduce the incidence of occupational diseases;
Amendment 116 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recognises that people who have been diagnosed with a terminal illness, like all other individuals, retain the fundamental right to work; further recognises that people who have been diagnosed with a terminal illness face a unique set of challenges relating to their employment situation that is distinct from the challenges facing other patient groups, as they often have little time to adapt to their changing conditions and for any workplace adjustments to be made; notes with concern the cases of the unfair dismissal of terminally ill employees as highlighted by the Dying to Work campaign1a; calls upon the Commission and Member States to introduce additional employment protections for terminally ill people, for example through providing such employees with a “protected” employment status under EU law, similar to that which is contained within the Pregnant Workers Directive; __________________ 1a https://www.dyingtowork.co.uk/
Amendment 118 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recognises that the reintegration of workers who have suffered from substance abuse problems presents specific challenges for employers; notes in this regard the example of the Alna model run by the Swedish social partners1a to support workplaces in taking proactive and early intervention measures as well as in assisting the rehabilitation process for employees who have had problems connected to substance abuse; __________________ 1a http://www.alna.se/in-english
Amendment 119 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 120 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls upon the Commission, Member States and employers to give special consideration to the employment implications for care-givers; fully supports the European Commission’s legislative proposal to introduce a harmonised minimum 5 days of paid leave per year for carers across the EU;
Amendment 121 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on the Commission and the Member States to develop and implement a programme for systematic monitoring, managing and support for workers affected by psychosocial risks, including stress, depression and burnout in order to, inter alia, draw up effective recommendations and guidelines to fight these risks; emphasises that stress at work is recognised as a major obstacle to productivity and to the quality of life; notes in this regard that mental health and psychosocial risks can be influenced by many factors, not all of them being work-related; points out, however, that psychosocial risks and work-related stress are structural problems linked to work organisation and that preventing and managing psychosocial risks and work- related stress is possible; stresses the need to carry out studies, improve prevention and consider new measures based on the sharing of best practices and tools for reintegration in the labour market;
Amendment 122 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Welcomes the Healthy Workplaces Manage Stress campaign; emphasises that initiatives for tackling work-related stress must include the gender dimension taking into accounts specific working conditions for women;
Amendment 131 #
2017/2277(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises that work is an important source of positive psychosocial wellbeing for individuals, and often an important part of that person’s identity; further recognises that the integration of long-term unemployed individuals into employment through individually tailored measures is a key factor for fighting poverty and social exclusion and also has other preventative psychosocial benefits; stresses that integrating persons returning to work after illness has a doublmany positive effects: benefiting the individual, taking additional burden away from the national social security system and the individual enterprises, as well as supporting the economy more widely;
Amendment 135 #
2017/2277(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Draws the attention of the Commission to the increased number of workers affected by chronic illness in the workforce; takes the view that accessible, safe and quality employment should be available for people affected by terminal illnesses, chronic and long-term conditions and disability; urges the Member States to focus on retention and integration of people affected by chronic diseases as well as to support reasonable adaptation of workplaces, which will ensure a timely return to work; calls on the Commission to promote integration and rehabilitation measures for people with disabilities and to support Member States’ efforts by raising awareness and identifying and sharing good practices on accommodations and adjustments in the workplace; urges Eurofound to further examine and analyse the employment opportunities and the degree of employability of people with chronic diseases;
Amendment 141 #
2017/2277(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the Member Stateployers should take a positive and work- oriented approach to workers with disabilities, older workers and those who have suffered an mental or physical illness, including people diagnosed with terminal illness, focusing on early evaluation of the individual’s remaining capabilitiescapacity to work and the adaptation of the workplace, taking into account the person’s occupational profile and socio-economic situation; encourages Member States to improve provisions in their social security systems that would favour the system ofa swift return to work; provided it is desired by employee and if medical conditions allow;
Amendment 153 #
2017/2277(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages in this regard thereference to the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106), and use of the World Health Organisation’s (WHO) International Classification of Functioning, Disability and Health (ICF) across all relevant measures and policies; shares the view that disability is a health experience that occurs in a socio-economic context; takes the view that ICF is best suited for EU-wide statistical comparison;
Amendment 156 #
2017/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to develop and provide guidelines on best practices and coaching to employers on how to develop and implement reintegration plans, ensuring a continued dialogue between employer, employee and trade union throughout the return-to-work process, and ensuring that employees are made aware of their rights from the beginning of this process; further encourages the exchange of good practice within and between Member States, regions and employers about identification, treatment and reintegration strategies for workers recovering from illness or injury into quality employment, specifically around processes for adapting workplace arrangements and facilities to the needs of the individual returning to work;
Amendment 164 #
2017/2277(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to provideAcknowledges the importance of taking into account the situation, specific needs and difficulties with compliance by micro and small exnternal support to ensure guidance and technicaprises as well as certain public service sectors in the context of the implementation of measures at company level; stresses that awareness raising, exchange of good practices, consultation, and online platforms are of utmost importance to help SMEs and micro enterprises in this process; calls on the Commission and Member States to continue developing practical tools and guidelines, which will support for small and micro-enterprises with limited experience in occupational rehabilitation and return-to-work measures;
Amendment 173 #
2017/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the key importance of communication and a multidisciplinary and cooperativen integrated approach between all stakeholders (workers, medical doctors, social services, trade unions, employers) for the successful physical and occupational rehabilitation of workers; lauds the success of the non- bureaucratic and practical approach of the Austrian fit2work programme with its emphasis on easy communication accessible to all workers (such as the use of simplified language);
Amendment 177 #
2017/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that financial incentives should be in plaStresses the importance tof keeping people with reduced working capacity in employment; if medical conditions allow, strongly encourages the reintegration of workers recovering from illness and injury into quality employment if it is so desired by the employee and if medical conditions allow through re- training and upskilling into the open labour market; further recognises however the importance of a strong safety net in place via the national social security system for individuals who are unable to return to employment;
Amendment 185 #
2017/2277(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Member States to introduce policy frameworks including incentives for employers and active labour market policies to support the integration into quality employment of persons with disabilities and chronic illnesses, including the breaking down of barriers in the workplace; as well as people who have been diagnosed with a terminal illness, including ensuring proper compliance with the principle of non-discrimination in the workplace and making suitable adaptations to facilitate the reintegration of workers recovering from illness and injury into quality employment;
Amendment 194 #
2017/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises in this regard that flexible working arrangements, such as telework, flexitime and reduced working hours,individually tailored workplace solutions play an important role in returning to work; stresses the importance of encouraging early return to work (if medical conditions allow) through flexible working arrangements and reduceround working time arrangementshours and workload, which could be accompanied by partial sickness benefit;
Amendment 198 #
2017/2277(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Commends national programmes and initiatives which have helped to facilitate the reintegration into quality employment of people with chronic diseases, such as the German programme “Job4000”1a which uses an integrated approach to improve the stable professional integration of persons with severe disability and particular difficulties to find a job; or the establishment of reintegration agencies to help people with chronic diseases find a job that is suited to their situation and abilities;1b __________________ 1aSource: Pathways project deliverable 5.2 “Scoping Paper on the Available Evidence on the Effectiveness of Existing Integration and Re-Integration into Work Strategies for Persons with Chronic Conditions” 1bSource: Return to work coaching services for people with a chronic disease by certified “experts by experience”: the Netherlands. Case Study. EU-OSHA
Amendment 207 #
2017/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and the Member States to ensure in their communications, guidelines and policies that employers see the reintegration process as an opportunity to recoverbenefit from workers’ skills, competences and experience; takes the view that employsocial partners are full participants in the return-to-work processintegration of workers recovering from illness or injury into quality employment from the start and are part of the decision- making process;
Amendment 212 #
2017/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that raising awareness of occupational rehabilitation and return-to- work policirogrammes and improved company culture are critical success factors in the return-to-work process and fighting negative attitudetackling prejudices and discrimination, particularly towards people with mental health problems, terminal illness, as well as chronic and long-term conditions;
Amendment 219 #
2017/2277(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Commends enterprises that have initiatives to support people with health problems or reduced working capacity such as comprehensive preventative programmes, modification of tasks, training and re-training to support people with health problems or reduced working capacity to stay in quality employment; strongly encourages more enterprises to get involved;
Amendment 227 #
2017/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for better understanding of the challenges and discrimination leading to fewer opportunities for people with health problems, such as a lack of understanding of the health problem, perceived low productivity levelrejudices and social stigma;
Amendment 236 #
2017/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that EU-wide campaigns play an important role in shifting popular opinioneducation, changes in company culture, as well as national and EU-wide campaigns such as the Dying to Work campaign to combat discrimination against terminally ill workers, are amongst the most effective ways of shifting popular opinion around the issue of reintegration of workers recovering from injury and illness into quality employment;
Amendment 5 #
2017/2259(INI)
Draft opinion
Recital A
Recital A
A. whereas, according to Eurostat, youth unemployment stood at 18.7% in 2016, even exceeding 40% in some countrieswith the average rate disguising vast differences between Member States, even exceeding 40% in some countries, preventing a one-size fits all solution across the EU;
Amendment 24 #
2017/2259(INI)
Draft opinion
Recital B
Recital B
B. whereas the overall lack of investment in young people’s rights will contribute to the aggravation of phenomena such as declining populations, early school leaving, the lack of professional qualifications or, the dismantling of social security systems and widespread job insecurity;
Amendment 29 #
2017/2259(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the problems that young people face in employment, education and training, social and political engagement are not uniform, with some groups being affected more disproportionately than others; whereas more effort is needed to support people furthest or entirely detached from the labour market;
Amendment 34 #
2017/2259(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas career orientation and access to both information on employment opportunities and educational paths are essential for future educational development and transition to the labour market;
Amendment 43 #
2017/2259(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that an inclusive youth policy is inseparable from the defence and promotion of decent work, grounded in collective labour agreements, with non- precarious labour relations, adequate salaries and wages, high-quality, free, universal public services, and programmes facilitating political and cultural participation, parenthood, well-being and creativity;
Amendment 71 #
2017/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that individuals’ transition into the labour market is facilitated by a comprehensive education and training system that ensures they acquire cross- cutting skills that promote critical thinking, universality and multicultural dialogue, thus fostering employability not through early specialisation, but rather by enabling the attainment of a wide variety of qualificationsand versatility in professional life;
Amendment 104 #
2017/2259(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages a strong involvement of NGOs, local and regional authorities to help young people and especially vulnerable groups (e.g. NEETs, migrants and refugees, young people with disabilities, school drops-outs) find gainful employment, education or training, and assist them with engaging in political decision-making and civic society;
Amendment 108 #
2017/2259(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need to offer proper learning and training content and decent working conditions for traineeships and apprenticeships to ensure their crucial role in the transition from education to professional life; considers that in order to ensure the delivery of quality placements, the existence of an apprenticeship or a traineeship contract is fundamental to delineate roles and responsibilities of all parties specifying the length, the learning objectives and tasks corresponding to clearly identified skills to be developed, the employment status, adequate compensation/remuneration including for overtime, social protection and security schemes under the applicable national law, applicable collective agreements, or both;
Amendment 114 #
2017/2259(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Reaffirms the importance of a continued structured dialogue between decision-makers and young people and therefore advocates for a better involvement of youth and civil society organisations as important intermediaries between young people;
Amendment 115 #
2017/2259(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls for a promotion and better facilitation of cross-border professional and vocational opportunities and mobility among young people, and for providing them with skills and competences for life, including language skills, while also broadening their opportunities and chances to participate in both the labour market and society;
Amendment 117 #
2017/2259(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Stresses that combating youth unemployment, especially among NEETs, should continue to be a top priority of the new generation of the youth strategy and calls therefore for a doubling of the Youth Employment Initiative envelope while ensuring quick and simplified deployment of funds and transforming it into a more stable EU financing instrument;
Amendment 120 #
2017/2259(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Suggests the establishment of an EU hotline against the violation of the rights of young people so that young people can report any negative experience of participation in YEI and YG measures to the Commission directly, enabling the collection of information and the investigation of reports and abusive practices in the deployment of EU-funded policies;
Amendment 121 #
2017/2259(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Recalls that the first principle of the European Pillar of Social Rights declares that everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market; consequently stresses the importance of prioritising and ensuring social investment in education and training in the new programming period of the Multiannual Financial Framework for 2020-2026.
Amendment 8 #
2017/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the advanced character of the EU economy, as well as digitalisation, automation and robotisation of the EU labour market, has increased demand for high-level qualifications and skills, while demand for low-level qualifi; underlines that all jobs now require greater literacy, numeracy, digital and other basic skills; stresses that increased investments in educations and skills has decreasedtraining systems, as well as their modernization and adjustment, are a crucial condition for social and economic progress;
Amendment 15 #
2017/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that it is essential to invest in universal, quality education and training to foster social inclusion, equal opportunities and a culture of mutual respect and fundamental values; calls therefore on Member States and the Commission to strengthen education and training programmes at all levels in order to improve access to quality learning for all students, regardless their social, cultural, geographical or economical background, to avoid labour market and societal segmentation, to fight inequalities and to enable processes of upward social mobility and convergence throughout Europe;
Amendment 18 #
2017/2224(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that the first principle of the European Pillar of Social Rights states that everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market; therefore stresses the importance to ensure that social investment, especially in education and training for all, is prioritised in the new programming period of the Multiannual Financial Framework for 2020-2026;
Amendment 24 #
2017/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that despite strong demand in the labour market for high-level skills, and the response of the education system in the form of the massive development of HEI (Higher Education Institutes), approximately 20 % of Europeans, including university graduates, lack basic skills such as reading, writing or numeracy1 ; recalls, moreover, that a similar number of Europeans have a low level of basic skills and that 44 % lack basic digital skills2 , which creates serious barriers to their civic and active participation in the society and to the technologically advanced labour market and everyday life; __________________ 1 http://ec.europa.eu/education/policy/school /math_en 2 https://ec.europa.eu/commission/sites/beta- political/files/digital-skills-factsheet- tallinn_en.pdf
Amendment 29 #
2017/2224(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Member States to increase cooperation between education and training providers, both formal and non-formal and the world of work, including a close dialogue with social partners, in both the development of curricula and the creation of apprenticeships and internships with a real educational value;
Amendment 33 #
2017/2224(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and Member States to promote the renewed EU agenda for higher education among HEIs, regional and local authorities, employers, with a view to addressing HEIs and students needs and challenges, creating links with local and regional actors, reaching out to the local communities, fostering local and regional development and innovation, building inclusive and connected higher education systems, strengthening collaboration with the world of work and addressing the regional skills needs;
Amendment 35 #
2017/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that skills mismatch and shortages are responsible for both unemployment and unfilled job vacancies3 ; considers that these worrying phenomena should be tackled by modernising education systems, making education systems cooperate more closely with labour market actors and focusing more on training in soft and transversal skills to accommodate future skills needsnot only on the development of employability skills, but also on social and civic competencies in addition to transversal and soft skills, social and intercultural skills, critical and creative thinking, digital skills, problem solving and entrepreneurship; __________________ 3 http://www.cedefop.europa.eu/en/events- and-projects/projects/assisting-eu- countries-skills-matching
Amendment 47 #
2017/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls1a the importance of improving or introducing procedures for the recognition of informal and non- formal education, drawing on the best practices of Member States which have already introduced tools of that kind; notes, in this regard, the importance of policy response aimed at groups furthest from the labour market; __________________ 1a See text adopted. P8_TA(2017)0360
Amendment 52 #
2017/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to continue their efforts to enable the recognition and validation of non-formal and informal learning – gained from free online courses such as MOOCs – which oftencould broaden access to education for underprivileged groups and therefore increase their opportunities for a better job and life, while simultaneously ensuring that education remains of high quality and content driven;
Amendment 70 #
2017/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to internationalise education systems and expand student mobility programmes to better prepare students for the EU labour market, in which a lack of skills in foreign languages and cultures is the first barrier to mobility; stresses that mobility programmes have contributed to European integration and have a positive impact on employment;
Amendment 78 #
2017/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that, in the context of societal and labour market evolution, thinking in e education systerms of ‘jobs/positions’ is obsolete and is of the opinion that ‘task/should equip people with the right set of skills’, categories should be used instead, in both the education process and the recognition of education and qualificationsompetencies and knowledge to become active European citizens and to be successful in the labour market; stresses that developing and strengthening skills is a continuous process, which follows through all levels of education into the labour market;
Amendment 87 #
2017/2224(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. In the context ofAcknowledges the growing demand for high-level competences and skills, regrets that, over time, the massive development of higher education is resulting in the decreasing quality and inflation of diplom; consider that the mass character of HE cannot affect the quality of education as, with a simultaneous growing shortage of vocational skills and qualificationell as the level of acquired competences and skills for the graduates;
Amendment 95 #
2017/2224(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights that the high number of NEETs could be reduced by preventing early school leavingAcknowledges that in the EU, 6.3 million young people (11.5% of those aged 15-24) were neither in employment, education or training (NEET) in 2016; highlights that the high number of NEETs could be reduced by preventing early school leaving; believes that completion of secondary education should be free and obligatory and calls on the Member States to increase their efforts to give people who have dropped out from primary or secondary school a chance of reenrolment and completion of their studies;
Amendment 104 #
2017/2224(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Insists that graduate tracking information, gathering accurate and relevant data not only at national but also at EU level, is essential for quality assurance and appropriate educational contentin order to develop quality education, including vocational training programmes, employment strategies and to reform the education systems to become more flexible and inclusive;
Amendment 110 #
2017/2224(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to make vocational and educational training more visible, to ensure that it is accessible to all, gender balanced and non-discriminatory, to guarantee sufficient financing and enhance its quality and attractiveness, and to promote VET, dual education, work- based learning and reality-based learning at every level and form of education, including universities,higher education in order to ensure stronger ties between the education and labour markets and to provide flexible paths between different types of educations; calls for the policyromotion of apprenticeships and entrepreneurship policies for young people to be developed, to make their entry into the labour market smoother; highlights the importance of quality education and vocational training in raising the status of work-based vocations;
Amendment 119 #
2017/2224(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the need to improve career guidance and promote apprenticeship and training possibilities through awareness raising initiatives for students, their parents, adult learners, education and training providers, employers and public employment services;
Amendment 123 #
2017/2224(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines the need to offer proper learning and training content and decent working conditions for traineeships and apprenticeships to ensure their crucial role in the transition from education to professional life; stresses that traineeships and apprenticeships should never be used as a replacement for jobs or considered as a cheap or even unpaid labour force;
Amendment 127 #
2017/2224(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Considers that in order to ensure the delivery of quality placements, the existence of an apprenticeship or a traineeship contract is fundamental to delineate roles and responsibilities of all parties specifying the length, the learning objectives and tasks corresponding to clearly identified skills to be developed, the employment status, adequate compensation/remuneration including for overtime, social protection and security schemes under the applicable national law, applicable collective agreements, or both;
Amendment 129 #
2017/2224(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Recalls the importance of life-long learning in opening up new possibilities for active inclusion and enhanced social participation and in developing adult skills and qualifications to ensure people’s active participation in the labour market through upskilling and reskillingespecially for the low skilled, the unemployed, people with special needs, older generations and migrants through upskilling and reskilling; encourages the Commission to support the Member States in developing training and educational programmes facilitating active inclusion of adults returning to the labour market.
Amendment 133 #
2017/2224(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to strengthen its efforts through the ESF and the European Semester to support comprehensive public policies in the Member States, focused on providing smoother transitions from education and (long-term) unemployment to work and specifically for the full implementation of the measures at national level outlined in the Council Recommendation on the labour market integration of the long- term unemployed;
Amendment 137 #
2017/2224(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Underlines that refugees and migrants bring along new skills and knowledge which can have a positive cultural, social and economic impact in the host countries; stresses that retraining and other measures of vocational education and training for refugees and migrants should be further encouraged and formally and non-formally acquired skills evaluated and recognised according to a homogeneous assessment system;
Amendment 88 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 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 job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as tond precariousness as to working conditions, applicable rights and social protection. In this evolving world of work, there is therefore an increased need for all workers in all types of employment relationship to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. 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 adaptabililegal certainty. __________________ 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 98 #
2017/0355(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be strengthened and established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions.
Amendment 100 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 110 #
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 of the European 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 implementation 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 those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and, apprentices could come within scope of this Directive, au-pairs, researchers and everyone who is factually in any other type of employment relationship should come within scope of this Directive. It should also be taken into account that digitalisation of the world of work in some sectors brings about factual subordination of the natural person performing the work. In order to support implementation of the Directive at national level, the determination of the existence of an employment relationship should be guided among others by criteria provided in the ILO Recommendation No. 198 (2006). __________________ 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- 216/15.
Amendment 117 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights in their Interinstitutional proclamation of 17 November 2017. Principle 12 of the Pillar states that regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection. Social protection systems are the cornerstone of the Union social model and of a well-functioning social market economy. The key function of social protection is to protect people against the financial implications of social risks, such as illness, old age, accidents at work, or job loss, to prevent and alleviate poverty and uphold a decent standard of living. In some Member States, certain categories of workers such as workers on short part-time workers, seasonal workers, on-demand workers, platform workers and those on temporary agency contracts or traineeships are excluded from social protection schemes. Moreover, workers who do not have full- time, open-ended contracts can encounter difficulties in being effectively covered by social protection, because they may not fulfil the entitlement criteria for receiving benefits from contributions-based social protection schemes.
Amendment 130 #
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 does not affect the definition of a worker as provided for in Article 2(1)eliminate these derogations.
Amendment 142 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 152 #
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 houseensure that when there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. Member States should from thebe able to adapt the specific rules regarding obligations to consider and respond to a request for a different type of employment, to provide and those on cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementfor individuals acting as employers for domestic workers in their household.
Amendment 154 #
2017/0355(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the growth of the platform economy and the urgent pressure to regulate the provision of services by workers to recipients through the intermediary of an Internet platform, and in the absence of the specific regulation of working conditions in this sector, it is necessary to provide tools at National and European level to ensure fair and secure working conditions for all workers and a level playing field for all types of business models.
Amendment 155 #
2017/0355(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) According to the ECJ, the activities of an au-pair display the characteristics to enable, in principle, those who perform the said activities to be workers, as au-pair work is done under the direction of another person and in exchange of remuneration for the services performed. The concept of ‘worker’ in EU law extends to a person who serves a traineeship or periods of apprenticeship in an occupation that may be regarded as practical preparation related to the actual pursuit of the occupation in question, provided that the periods are served under the conditions of genuine and effective activity as an employed person, for and under the direction of an employer.
Amendment 157 #
2017/0355(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that listminimum list of essential aspects, which may be enlarged by Member States, in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment.
Amendment 161 #
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, indicating accurately all elements and entitlements as well as their method of calculation where appropriate, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 194 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.
Amendment 209 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workersin any case should not be extended.
Amendment 227 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit, prevent or hinder 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 may establish incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as 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 231 #
2017/0355(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable, or whose reference hours/days are variable, should benefit from a minimum predictability of work 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.
Amendment 237 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The reasonable length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workers. Itbut should not be shorter than 5 working days. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 The predetermined work schedule applies without prejudice to Directive 2002/153/88/EC of the European Parliament and of the Council.40the Council. A worker is entitled to guaranteed paid work where he or she has been given notice of work, even if the work is cancelled. This guaranteed paid work, in case of cancellation, cannot be replaced by a different assignment. __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 248 #
2017/0355(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In the spirit of Principle 5 of the European Pillar of Social Rights, it is necessary to specifically prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship such as zero- hour contracts. Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours. Member States should ensure that the employers pay a premium for non-guaranteed hours of work.
Amendment 251 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response duly justified from the employer, which takes into account the needs of the employer and of the worker and where any refusal is based in objective business conditions.
Amendment 268 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different, provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Threon minimum standards set in Chapter Three of this Directive can be adapted and/or complemented for the pursuit of the purpose of this Directive. Member States should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in that cChapter III, as long as the overall level of protection of workers is not lowered.
Amendment 282 #
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 evaluation41 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 ofand 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 whichshould have a set term in which the employer is to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 284 #
2017/0355(COD)
Proposal for a directive
Recital 29
Recital 29
(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation and ensuring that when there are more than one natural or legal person bearing directly or indirectly obligations set out in this Directive for employers, all of them are jointly and severally liable for these obligations, reflecting the Principle 7 of the European Pillar of Social Rights.
Amendment 289 #
2017/0355(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Workers exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand worker no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workers consider that they have been dismissed or have suffered equivalent detriment on those grounds, workers and competent authorities should be able to require the employer to provide duly substantiated grounds for the dismissal or equivalent measure, and the right to reinstatement and compensation should be guaranteed by the Member States.
Amendment 298 #
2017/0355(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Member States should ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status, with respect to comparable permanent workers.
Amendment 299 #
2017/0355(COD)
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) Member States should ensure that workers have access to social protection regardless of the type of their employment relationship.
Amendment 300 #
2017/0355(COD)
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Member States shall ensure that workers in mostly variable work schedules or with variable reference hours/days have access to safety and health protection.
Amendment 315 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptabilityfor every worker, regardless of the type and duration of the employment relationship.
Amendment 320 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union, ensuring for all of them a core set of enforceable rights, regardless of the type of contract, employment relationship or if they are working in the public or private sector.
Amendment 333 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 343 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 351 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. When there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 362 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
6. Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural personfamily members belonging to a household where work is performed for that household. However, in accordance with the ILO Domestic Workers Convention No. 189, domestic workers shall fall under the scope of this Directive.
Amendment 364 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. Member States should take specific account of the platform economy as the provision of services by workers to recipients through the intermediary of an Internet platform, whose commercial activities are designed to make profits. In the absence of specific national or European regulation of the working conditions in the platform economy, it shall be deemed that the underlying contractual relationship to provide services through platform work is an employment relationship between the worker and the platform falling under the scope of this Directive. This legal presumption may be rebutted by the Internet platform.
Amendment 366 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6 b (new)
Article 1 – paragraph 6 b (new)
6b. In the absence of specific national or European regulation of the working conditions of au-pairs, it shall be deemed that the employment relations covering au-pair work fall under the scope of this Directive.
Amendment 367 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6 c (new)
Article 1 – paragraph 6 c (new)
6c. In the absence of specific national or European regulation of the working conditions of apprenticeships and traineeships, it shall be deemed that the employment relations covering apprenticeships and traineeships fall under the scope of this Directive.
Amendment 381 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration or who is factually in any type of employment relationship;
Amendment 404 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘reference hours and days’ means time slots in specified days during which work can take place at the request of the employer.;
Amendment 407 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘social protection scheme’ means a distinct framework of rules to provide benefits to entitled beneficiaries. Such rules specify the personal scope of the programme, entitlement conditions, the type of benefits, benefit amounts, benefits’ duration and other benefit characteristics, as well as the financing (contributions, general taxation, other sources), governance and administration of the programme.
Amendment 411 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. For the purposes of this Directive the determination of the existence of an employment relationship should be guided primarily by the facts relating to the performance of work, the actual nature of the activity and the remuneration of the worker, regardless of how the relationship is characterised in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties. An employment relationship will be deemed to be existing provided that some of the following indicators are present: (a) the fact that the work is carried out according to the instructions and under the control of another party; the terms and conditions for the provision of work and the price and conditions of the services provided are settled unilaterally by another party; the duties fall under the company normal activity; the business activity is controlled and organised by another party; involves the integration of the worker in the organization of the enterprise; the work performed is similar to that of existing employees or to work formerly carried out by employees; is performed solely or mainly for the benefit of another person; is carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker’s availability or involves the provision of tools, digital means, materials and machinery by the party requesting the work; responsibility for investment and management in the business correspond to another party; (b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker’s sole or principal source of income and implies economic dependence; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker or participation in the profits;
Amendment 424 #
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 425 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the place of work; where there is no fixed or main place of work, the principle that the worker is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer; where the employee works in different places or the employer is allowed to change the employee’s place of work, the reasonable measures and arrangements in place to allow the worker to get or move to the different work places, the procedure, notice and due compensation;
Amendment 428 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales and access to social protection of the user undertaking in order to provide for equal pay and equal social protection between workers;
Amendment 444 #
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 period of notice cannot be indicated when the information is given, the method and the formal requirements for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;
Amendment 453 #
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, indicating separately payments of overtime, bonuses and other entitlements such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 465 #
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, the length of the worker’s standardnormal working day or week and any arrangements for overtime and its remuneration;
Amendment 470 #
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, the principle that the work schedule is variable, the amount of guaranteed paid hours, the additional, higher remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 479 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment;
Amendment 482 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
Article 3 – paragraph 2 – point l – point ii a (new)
(iia) where workers work on variable shifts, the minimum advance notice of the work schedule
Amendment 486 #
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; the preclusive periods if any;
Amendment 495 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n a (new)
Article 3 – paragraph 2 – point n a (new)
(na) any benefits in kind which the employer provides for the worker;
Amendment 496 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n a (new)
Article 3 – paragraph 2 – point n a (new)
(na) any time limits for enforcing claims against the employer;
Amendment 497 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n b (new)
Article 3 – paragraph 2 – point n b (new)
(nb) any categorization into a general pay scheme;
Amendment 503 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofaccompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 508 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment as set out in paragraph 2 (l) shall, where appropriate, be agreed upon by the social partners at the appropriate level.
Amendment 519 #
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 in writing individually to the worker in the form of a document at the latest on the first day, prior to the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and the labour inspectorate, its receipt is acknowledged, and it can be stored and printed.
Amendment 530 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The employer will provide in paper or electronically and with acknowledgment of receipt, a copy of the document as referred to in Article 4 (1) to the workers representatives, at the appropriate level, in accordance with national law and practice and with Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Union and with Regulation 679/2016 on data protection.
Amendment 543 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop with social partners at the appropriate level, 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 547 #
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 which have been declared universally applicable and 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, trade unions and businesses.
Amendment 554 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The condition to make collective agreements which have been declared universally applicable available must be without prejudice to national social partners autonomy, in particular regarding how collective agreements are concluded and formulated.
Amendment 555 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The information referred to in Article 3(2) must not be construed as a declaration of acceptance by the worker.
Amendment 556 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that: (a) 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 may only be made in accordance with national law or practice and shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect. nd, where applicable, his/her legal representatives, at the earliest opportunity and at the latest 15 days before the modification takes effect, as provided for in Article 4; (b) 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 objectively justified by the employer; (c) when the changes affect aspects regarding article 3 (2)points (b), (c), (d), (e), (f), (h), (j), (k), (l), the worker has the right to terminate the employment relationship before the change takes effect and receive a monetary compensation, according to national law and practice.
Amendment 573 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the country or countries as well as the exact place or places in which the work abroad is to be performed and its duration;
Amendment 577 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) any arrangements for the possible lengthening or shortening of the period of work;
Amendment 579 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(db) the name of the line manager in the place or places of work where the work abroad is to be performed;
Amendment 580 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d c (new)
Article 6 – paragraph 1 – point d c (new)
(dc) any rules on public holidays in the country or countries in which the work abroad is to be performed;
Amendment 581 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d (new)
Article 6 – paragraph 1 – point d (new)
(dd) if applicable, any changes in tax and social security arrangements for the period in which the work abroad is to be performed;
Amendment 583 #
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 be notified, as provided for in Article 4 and 5, of:
Amendment 588 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that this notification is in line with the provisions laid down in Articles 4 and 5 of this Directive, and that the employer provides the additional information about the applicable rules to the worker in writing or electronically. Regardless of the medium, receipt of the information by the worker must be acknowledged, it must be possible to store and print the information, and the information must be easily accessible for the worker and the labour inspectorate.
Amendment 590 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 598 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 602 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less within a three- month period or 3 weeks within 2 months.
Amendment 606 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed in any case six months, including any extension, for high skilled positions and three months for medium and low skilled positions, according with the International Standard Classification of Education (ISCED) 2011. In the case of fixed-term contracts, the probationary period shall not exceed a quarter of the duration of the contract. In case of renewal of a contract, a new probationary period is not allowed.
Amendment 610 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed sixone months, including any extension.
Amendment 619 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the workerAny probationary period shall not hamper the accrual of workers’ rights.
Amendment 630 #
2017/0355(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 633 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit, prevent or hinder workers from taking up employment with other employers, outside the work schedule established with that employer.
Amendment 646 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployMember States together with social partners may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as theand objective reasons to protection of business secrets or the avoidance of conflicts of interests.
Amendment 657 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer onlyan employer can only modify the pattern of normal working hours if the following conditions are met:
Amendment 659 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, or where the reference hours/days are variable, the worker may be required to work by the employer only:
Amendment 665 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), andthe modification is justified for objective reasons related to the type of work;
Amendment 668 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of at least 5 days, in accordance with Article 3(2)(l)(ii). For emergency services a reasonable period of less than 5 days can be determined by national law or practice.
Amendment 672 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed byof their employ pattern of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).the normal working hours for the respective week at least two weeks in advance, except in cases of emergency;
Amendment 677 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
(a) If the worker is informed in advance of a work schedule, a seasonable period in advance in accordance with Article 3(2)(l)(iii).
Amendment 678 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) the modification is not in conflict with any legitimate interests of the worker;
Amendment 681 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) the modification is not in conflict with any other agreements;
Amendment 684 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a The Member States shall ensure, that: (a) the predetermined work schedule does not set out weekly working hours above the legislative maximum weekly working hours and that reference hours/days respect the 11 hour consecutive rest period as laid down in Directive 2003/88/EC (b) where notice is given of work, the worker is entitled to be paid for the hours of which he/she was notified. (c) if work is cancelled without due notice, the worker is entitled to the correspondent remuneration for the hours of which they were he/she was notified. This entitlement cannot be replaced by giving the worker a different assignment at a later date.
Amendment 692 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that for every employment relationship the length and the pattern of the normal working time is clearly determined. Employers shall pay a premium for overtime.
Amendment 696 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Member States shall prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship.
Amendment 703 #
2017/0355(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Notification of regular use of workers in variable work schedules and variable reference hours/days Member States shall ensure that an employer who regularly uses workers in variable work schedules and variable reference hours/days shares this information with the competent authorities upon request.
Amendment 704 #
2017/0355(COD)
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Amendment 710 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request, at the same enterprise, group or entity, may request to turn their employment relationship into a form of employment with more predictable and secure working conditions where available.
Amendment 723 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a duly justified written reply within one month of the request. With respect to natural persons acting as employers and micro,Any refusal smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchang be based on objective business conditions. In the absence of a reply within one month, the application is deemed to have been approved.
Amendment 729 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States shall ensure that workers with a contract of employment or employment relationship with a temporary work agency who have been assigned to the same user undertaking to work temporarily under its supervision and direction for at least six months must be employed as part of the permanent workforce of the user undertaking.
Amendment 736 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are 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 worker. Where training does not give the employee an additional diploma but is needed to operate the specific tools/vehicles used by the employer such training shall be provided cost-free to the worker.
Amendment 740 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are 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, whether prior to or during the employment relationship, such training shall be provided cost-free to the worker who remains entitled to his or her full remuneration.
Amendment 746 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that workers are entitled to a minimum amount of training within working hours equivalent to at least the amount of one normal working week per year.
Amendment 751 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. Member States shall ensure that workers are entitled to paid educational leave.
Amendment 759 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or pra, with the consent of the most representative social partners at national level, allow social partners to conclude collective agreements, at the appropriate level, adapting and/or complementing the provisions of Chapter III of this Directicve, in a manner which, while respectingl take account of the specific needs of the oversociall protection of workers, establish arrangements concernartners concerned while respecting the minimum requirements laid down ing the working conditions of workers which differ from those referred to in Articles 7 to 11is Directive, or to uphold existing collective agreements if they respect the overall level of protection.
Amendment 776 #
2017/0355(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 782 #
2017/0355(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 790 #
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 employthe worker shas failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:ll benefit from favourable legal presumptions defined by the Member State.
Amendment 792 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 802 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 808 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. 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.
Amendment 811 #
2017/0355(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. 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 the term imposed by the competent authority, 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. Provisions of this mechanism are without prejudice to any judiciary procedure or labour inspectorate action.
Amendment 817 #
2017/0355(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. When there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations.
Amendment 821 #
2017/0355(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance withexercising the rights provided for in this Directive.
Amendment 830 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. These measures shall include the right to reinstatement and compensation.
Amendment 839 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed, 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. Member States shall ensure that the term for bringing an action contesting the dismissal is suspended, as long as the worker has not received written justification from the employer.
Amendment 846 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. If the employer fails to provide substantiated grounds for the dismissal or its equivalent in accordance with Article 17 (2), it shall be presumed that the worker was dismissed on the grounds of exercising the rights of this Directive. Legal consequences of any preparations to or any dismissal due to the exercise of the rights provided for in this Directive are invalid.
Amendment 847 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Legal consequences of any preparations to or any dismissal due to the exercise of the rights provided for in this Directive are invalid.
Amendment 852 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on sanctions and penalties applicable toagainst employers for 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 mayshall also comprise proportionate payment of compensation.
Amendment 857 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Financial sanctions and penalties shall increase in amount according to (a) the number of infringements; (b) the delay the employer is taking in providing the information to the worker, according to Article 3.
Amendment 859 #
2017/0355(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Equal treatment The Member States shall ensure: (a) that the principle of equal pay and terms and conditions apply to all workers, regardless of their employment status, with respect to comparable permanent workers; (b) where there is no comparable permanent worker in the same establishment, that the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice; (c) the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment, regardless of the employment status.
Amendment 860 #
2017/0355(COD)
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Access to social protection Member States shall ensure that workers have access to social protection by extending formal coverage on a mandatory basis to all workers, regardless of the type of their employment relationship.
Amendment 861 #
2017/0355(COD)
Proposal for a directive
Article 18 c (new)
Article 18 c (new)
Article 18c Health and safety at work Member States shall take the necessary measures to ensure that workers in variable work schedules and variable reference hours/days have access to safety and health protection, prevention services and facilities with regard to the health and safety at work appropriate to the nature of their work.
Amendment 864 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shalldoes not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. in any form. Member States shall gradually improve the level of protection for workers within the areas which fall under the scope of this Directive.
Amendment 867 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds, when implemented, for reducing the general level of protection already afforded to workers within Member States.
Amendment 879 #
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. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 57 #
2017/0305(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) To ensure a more democratic decision-making process in the context of the Integrated Guidelines, which affect people and labour markets across the Union, it is important that both the employment guidelines and the broad economic policy guidelines are decided upon by both the European Parliament and the Council. The Integrated Guidelines must allow Member States, as a priority, to adopt sustainable and integrated economic models at Union, national and local level.
Amendment 94 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 1 – paragraph 1
Annex I – part 1 – paragraph 1
Member States should facilitate and invest in the creation of quality jobs, including by reducing the barriers that businesses face in hiring people, by promoting entrepreneurship and self-employment and, in particular, by supporting the creation and growth of micro and small enterprisessustainable and quality jobs across skill levels and labour market sectors, including by fully developing the potential of future oriented sectors, such as the green and circular economy, the care sector and the digital sector. Member States should reduce difficulties for people in balancing work and private life, ensure that all work places are adapted for persons with disabilities and that the hiring of people by businesses, including small and medium-sized enterprises, is facilitated. Member States should actively promote the social economy and foster social innovation.
Amendment 130 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 5
Annex I – part 2 – paragraph 5
Barriers to participation and career progression should be eliminated to ensure gender equality and increased labour market participation of women, including through equal pay for equal work. The reconciliation of work and family life should be promoted, in particular through access to long-term care and affordable in all sectors and professions. Member States should ensure at Union and national level, that undertakings practise wage transparency and conduct pay audits in order to achieve equal pay. The Commission should put forward initiatives, if necessary, to remove any kind of gender pay gap, setting penalties for work places that violate the right to equality, early childhood education and carstablishing different wages for identical job categories, depending on whether they are occupied mainly by men or by women. The reconciliation of work, private and family life should be promoted for all people. Member States should ensure that parents and other people with caring responsibilities, have access to suitable family leaves and flexibleand care leaves, affordable quality long-term care and early childhood education and care and flexible worker-oriented working arrangements in order to balance work and private life, and promote a balanced use of these entitlements between women and men.
Amendment 135 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 3 – paragraph 1
Annex I – part 3 – paragraph 1
Amendment 158 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 2
Annex I – part 4 – paragraph 2
Member States should modernisimprove social protection systems to provide effective, efficient and adequate social protection throughout all stages of an individual's life including for self-employed workers, fostering social inclusion and upward social mobility, incentivising labour market participation and addressing inequalities, including through the design of their tax and benefit systems. The modernisation of social protection systems should lead to better accessi, availability, sustainability, adequacy and quality.
Amendment 161 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 3
Annex I – part 4 – paragraph 3
Member States should develop and implement preventive and integrated strategies through the combination of the three strands of active inclusion: adequate income support, inclusive labour markets and access to quality services tailored to individual needs. Social protection systems should ensure the right to adequate minimum income benefits for everyone lacking sufficient resources and promote social inclusion by encouraging people to participate actively in the labour market and society.
Amendment 164 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 4
Annex I – part 4 – paragraph 4
Access to and availability of affordable, accessible and quality services such as childcare, out-of-school care, education, training, housing, health services, rehabilitation and long-term care are essential for ensuring equal opportunities, including for children and young people as well as ethnic minorities and migrants. Children living in poverty should have access to free healthcare, free education, free childcare, decent housing and proper nutrition. Particular attention should be given to fighting poverty, and social exclusion, including reducing in-work poverty. Member States should ensure that everyone has access to essential services, including water, sanitation, energy, transport, financial services and digital communications. For those in need andor in a vulnerable peoplesituation, Member States should ensure access to adequate social housing assistance as well as the right to appropriate assistance and protection against forced eviction. Homelessness should be tackled specifically. The specific needs of people with disabilities should be taken into account.
Amendment 175 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 6
Annex I – part 4 – paragraph 6
Amendment 64 #
2017/0290(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Additionally, in order to guarantee the social protection of drivers and to ensure the well-functioning of the internal market, with fair and equal competition between Member States and operators, the provisions concerning the road leg of combined transport should be coordinated with the provisions concerning cabotage under Regulation (EC) No 1071/2009 1a and Regulation (EC) 1072/2009 1b, as well as with those under Directive 96/71/EC 1c on posting of drivers. _________________ 1aRegulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, (OJ L300, 14.11.2009, p. 51). 1bRegulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market, (OJ L300, 14.11.2009, p. 72). 1cDirective 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, (OJ L 18, 21.1.1997, p. 1).
Amendment 79 #
2017/0290(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The scope of the current economic support measures defined in Directive 92/106/EEC is very limited, consisting of fiscal measures (namely the reimbursement or reduction of taxes) which concern only combined rail/road transport operations. Such measures should be extended to combined transport operations covering inland waterways and maritime transport. Other relevant types of measures, such as infrastructure investment support measures or different economic support measures, should also be supported, focusing on infrastructure investments and other economic support measures. In the case of inland navigation, measures ensuring water maintenance and navigability should also be mandatory for Member States, with the support of the European Commission.
Amendment 97 #
2017/0290(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Support measures should also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency, and the overall impact on the European transport sector, as reflected in the European Strategy for Low Emission Mobility.
Amendment 218 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 92/106/EEC
Article 4 a (new)
Article 4 a (new)
(3a) The following Article is inserted: "Article 4a Member States shall apply Directive 96/71/EC for the entire period of posting on their territory of drivers employed by road transport undertakings and which are carrying a road leg that is part of a combined transport operation.";
Amendment 228 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impactcontribution to the transition to cleaner modes of transport. Attention should also be paid to the impacts of this Directive on the functioning of the EU road haulage market, road safety, environmental and social standards, and on the enforcement of cabotage rules in accordance with regulation (EC) No 1072/2009.
Amendment 31 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatore requirements for engagement in the occupation of road transport operator should apply equally.
Amendment 36 #
2017/0123(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2.7 to 5.2 billion in 2020-2035.
Amendment 54 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary for the proper functioning of the European road haulage market to tackle letterbox companies. Decisive action is necessary in this context, to put an end to this practice, including enhanced cooperation, joint controls, the setting of targets and exchange of best practice between Member States.
Amendment 55 #
2017/0123(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The road transport sector is currently faced with a shortage of professional drivers, particularly among young people and women. It is imperative that additional action is taken to make it easier and more attractive for young people and women to access the market, while also retaining those currently employed in the sector. To this end, fraudulent work and precarious work must be reduced, by efforts made to combat the abuse of fixed-term contracts, traineeship status used to replace regular work contracts and bogus self- employment.
Amendment 58 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 67 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a sufficient, minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 72 #
2017/0123(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblecontinually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.
Amendment 77 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple, fair and easy to enforce, while broadly maintaining the level of liberaleading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation achieved so fars are applied at the commencement of cabotage operations.
Amendment 86 #
2017/0123(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to ensure that all EU rules for mobile workers are implemented in effective way, a European Land Transport Agency should be responsible for inspecting and enforcing the rules. It should provide operational and legal support to Member States to enforce social legislation and undertake European wide inspections. The European Land Transport Agency should be responsible for the monitoring of the European Road transport undertakings register.
Amendment 87 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and iIn order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. In order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of daysamount of time available for such operations in that Member State should be reduced.
Amendment 98 #
2017/0123(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
Amendment 107 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deletedreplaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes;
Amendment 115 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 125 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(2) in Article 3, paragraph 2 is deleted; replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.
Amendment 126 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point (a)
Article 5 – point (a)
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking, in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 133 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage theeffectively and regularly, a substantial part of transport operations carried out withusing the vehicles referred to in point (b) within the Member State of establishment and provide parking spaces proportionate to the size of the fleet of the vehicles and the appropriate technical equipment situated in that Member State;;
Amendment 136 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and employ staff proportionate to the activityies of the establishmentundertaking;
Amendment 143 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) The following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.
Amendment 152 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)
Article 6 – point b – point xii a (new)
(xiia) cabotage
Amendment 161 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 163 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used. In addition, undertakings shall demonstrate that they have at their disposal an amount proportionate to one month's wage per mobile worker at the level of the country where they habitually carry out their activity;
Amendment 167 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1071/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 168 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(8) in Article 12(2), the second subparagraph is deleted;replaced by following; 'Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3'
Amendment 179 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) the number of employees, their names, nationality, country of residence, Member State of social contribution and social insurance number;
Amendment 187 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2
Article 16 – Paragraph 2
(ia) the following point (ca) is added: ' (ca) the names and all relevant information of the road transport undertakings previously managed by the transport managers; '
Amendment 190 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';
Amendment 192 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a b (new)
Article 1 – paragraph 1 – point 11 – point a b (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2 – point c
Article 16 – Paragraph 2 – point c
(ab) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions asrequirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1071)
Amendment 194 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation 1071/2009/EC
Article 5 – point a a (new)
Article 5 – point a a (new)
(a a) the following point (a a) is added: (a a) The vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods per week in the premises of one company located in the same territory than the one of the establishment country.
Amendment 198 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WIn relation to paragraphs 1 and 2, where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within tenfive working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 200 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-fivefifteen working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;
Amendment 205 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 209 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 211 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 216 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1072/2009
Article 3
Article 3
Amendment 229 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member Stateto or from a haulier's Member State of establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract;
Amendment 234 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation 1071/2009
Article 6, paragraphe 1 point b (xii a) new
Article 6, paragraphe 1 point b (xii a) new
(xii a) cabotage
Amendment 241 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – Paragraph 4
Article 8 – Paragraph 4
Amendment 242 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle, and presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (the eCMR).* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide theadditional evidence referred to in paragraph 3.
Amendment 248 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 8 a (new)
Article 8 a (new)
(5a) the following Article 8a is added: ' Electronic Notification Road transport undertakings shall, by way of an electronic notification or in writing ahead of each cabotage operation performed, ensure that the competent authorities of all Member States are duly informed of the cabotage operation and relevant information necessary in order to allow for effective control of cabotage operations, at the latest at the commencement. This notification shall be made in one of the official languages of the host member state, or into another acceptable language, and shall include the following information: (i) the name of the consignor; (ii) the estimated duration of the operation; (iii) the driver's name, his country of residence, his country of social contributions and social insurance number; '
Amendment 248 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation 1071/2009
Article 7 paragraph 1
Article 7 paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least : (a) EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. (b) two months’ worth of salary per employed mobile worker, at the level of the country where or from where they habitually carry out their activity. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
Amendment 252 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 259 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 26 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 38 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 262 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may be performed in conjunction with checks carried out in accordance with Directive 2006/22/EC of the European Parliament and of the Council. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.
Amendment 269 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for effective and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.
Amendment 272 #
2017/0123(COD)
(-i) the names of the road transport undertakings previously managed by the transport managers;
Amendment 273 #
2017/0123(COD)
Proposal for a regulation
Article 2 - paragraph 1- point 5 - point a
Article 2 - paragraph 1- point 5 - point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to threone cabotage operations following the international carriage from another Member State or from a third country to the host Member State. The last unloading iIn the course of such a cabotage operation, the unloading before leaving the host Member State shall take place within 7 days from the last unloading in the host Member State in the course of the incoming international carriage. Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted undFollowing this cabotage operation, no further cabotage operations shall be permitted in that host Member State for a period of seven days. By way of derogation, a cabotage operation shall be allowed where that subparagraph in any Member State under the conditione geographical place of unloading for a cabotage operation is closer to the base of the undertaking thatn they are limited to one cabotage operation per Member State within 3 days of the place of loading for that same cabotage operation, as long as the first place of loading lies within a radius of 200 km from the place of unloaden entry into the territory of that Member State. ing for the last international carriage. Or. de (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32009R1072)
Amendment 281 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) the name, nationality and country of residence of the drivers employed by the haulier;
Amendment 282 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) The Member State of registration of labour contracts;
Amendment 283 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)
Article 16 – paragraph 2 – point h c (new)
(hc) The social insurance number of the drivers employed by the haulier;
Amendment 303 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 1071/2009
Article 16 a (new)
Article 16 a (new)
Amendment 326 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new)
Article 1 – paragraph 1 – point 12 (new)
Regulation (EC) No 1071/2009
Article 18– paragraph 9 a (new)
Article 18– paragraph 9 a (new)
9a. Within two years from the entering into force of this Regulation, in order facilitate the cross-border enforcement of the EU legislation applicable to road transport, the European Commission shall propose a Regulation establishing a European Road Transport Agency.
Amendment 339 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 346 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in the Directive 92/106/EEC.
Amendment 358 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as, specified in the consignment note;;
Amendment 378 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation 1072/2009
Article 8 paragraph 2
Article 8 paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another haulier's Member State or from a third country to a host Member Statef establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to two cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract. After the 48 hours, the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle shall be allowed to perform cabotage operation after returning to the Member State of establishment of the road transport operator.;
Amendment 398 #
2017/0123(COD)
2a. Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 48 hours period referred to in paragraph 1
Amendment 401 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. In case the vehicle is not equipped with a smart tachograph, the control authorities may require clear evidence that operations have been carried out at least in 3 different member states in a time span of 7 consecutive days.
Amendment 15 #
2017/0122(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 22 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 32 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations In order to secure decent working compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is alsonditions, it is necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long, and ensure that drivers have both the opportunity and the means to return home on a regular basis.
Amendment 42 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate private accommodation paid for by the employer for their regular weekly rest periods if they are taken away from home.
Amendment 44 #
2017/0122(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers and ensure a wide-level playing field across Europe. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 56 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should include the use of vehicles for the transport of goods with a permissible mass of less than 3,5 tonnes.
Amendment 64 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the digital tachograph in registered vehicles. The digital tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 71 #
2017/0122(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to guarantee effective enforcement when carrying out roadside checks, the competent authorities should be able to observe whether the rules regarding driving and rest time periods have been complied with on the day of the check and over the preceding 56 days.
Amendment 76 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonne-1) in Article 2(1), point (a) is replaced by the following "(a) of goods, or"
Amendment 82 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – point h
Article 3 – point h
(h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;
Amendment 84 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirableIn order to secure decent working conditions it is necessary to adapt the provision on the regular weekly rest in such a way that it isorder to make it easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and bewhilst being fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long and to ensure that drivers have both the opportunity and the means to return home on a regular basis.
Amendment 91 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – point r a (new)
Article 4 – point r a (new)
(2a) In Article 4, the following point is added: “(ra) “home” means the place of residence of the driver in a Member State.”
Amendment 97 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate private accommodation paid by the employer for their regular weekly rest periods if they are taken away from home.
Amendment 107 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – point 6 – subparagraph 1
Article 8 – point 6 – subparagraph 1
Amendment 113 #
2017/0122(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Drivers areIn order to ensure the objective of this Regulation to improve road safety and to protect drivers and other road users, who often are faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. I, it is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.
Amendment 124 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or followbe taken before or as an extension of a regular weekly rest period of at least 45 hours as one continuous rest period.;
Amendment 133 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate private sleeping and sanitary facilities;
Amendment 139 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or any weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home or at another private location chosen by the driver. Where drivers do not have weekly rests of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks., the drivers shall be able to spend at least one regular weekly rest period at home or at another private location chosen by the driver within each period of three consecutive weeks. The drivers journey to and from home shall be either provided or paid for by the employer, and the driver shall be compensated equivalently where another private location is chosen. Time spend traveling to and from home or to and from a private location can not be considered as rest;
Amendment 143 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to guarantee effective enforcement when carrying out roadside checks, the competent authorities should be able to observe whether the rules regarding driving and rest time periods have been complied with on the day of the check and over the preceding 56 days.
Amendment 149 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should cover drivers of vehicles for the transport of goods with a permissible mass of more than 2,4 tonnes.
Amendment 157 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) in Article 10, paragraph 1 is replaced by the following: "1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to fast delivery, distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation..”;
Amendment 159 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(-1) In Article 2, paragraph 1, the point (a) is amended as follows : "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006R0561&rid=1)" Or. en
Amendment 162 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
-1a Article 2, paragraph 1, point a is amended as follows: "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 173 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 181 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(2b) In Article 4, point (h) is amended as follows: "For the purposes of this Regulation the following definitions shall apply: (h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, has no duties over his employer and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 182 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 1 – point i
Article 36 – paragraph 1 – point i
(2a) in Article 36(1), point (i) is replaced by the following: "(i) the record sheets for the current day and those used by the driver in the previous 2856 days,”;
Amendment 182 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(1b) Article 4 paragraph (h) is amended as follows "(h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, and do not have any duty to his employer, and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)
Amendment 183 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) In Article 36(1), point iii is replaced by the following: "(iii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006.”;
Amendment 184 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 2 – point ii
Article 36 – paragraph 2 – point ii
Article 2c In Article 36 (2), point ii is replaced by the following: "(ii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006,”;
Amendment 201 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 1 and 2
Article 6 – paragraph 1 and 2
(2a) Article 6, paragraph 1 and 2 is replaced as follows: "1. The daily driving time shall not exceed nineeight hours. However, the daily driving time may be extended to at most 10nine hours not more than twice during the week. 2. The weekly driving time shall not exceed 560 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. 3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours. 4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country. 5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 204 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 1 and 2
Article 6 – paragraph 1 and 2
Amendment 243 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 245 #
2017/0122(COD)
Amendment 304 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow as an extension of a regular weekly rest period of at least 245 hours.;
Amendment 325 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods, the reduced weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate private sleeping and sanitary facilities;
Amendment 327 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The reduced weekly rest periods and regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;
Amendment 346 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this Article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.";
Amendment 347 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.
Amendment 349 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2004
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks.; or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spend travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be controlled timely by the competent national authorities.
Amendment 351 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks.;or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spent travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be adequately controlled by the competent national authorities.
Amendment 368 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 paragraph 8ba (new)
Article 8 paragraph 8ba (new)
8b a. The haulier shall provide the return-to-home with the appropriate means of transportation of the driver choice. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified.
Amendment 369 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b a (new)
Article 8 – paragraph 8 b a (new)
8b a. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time from either the location where the vehicle, as referred in Article 3c) of directive 2002/15/EC, is left to the home, or to return to this vehicle.
Amendment 371 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b c (new)
Article 8 – paragraph 8 b c (new)
8b c. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time neither from the location where the vehicle, as referred in Article 3.c) of Directive 2002/15/EC, is left to the home, or to return to this vehicle.
Amendment 372 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
(c a) In Article 8, new paragraph 9 a is added: 9a. Member States shall issue an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The European Commission shall, by [31 December 2019], present an overall report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities on the TEN-T network. This report shall be updated every two years on the basis of information gathered by the European Commission and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities. On the basis of these reports, the European Commission shall reassess whether it is necessary to propose additional measures.
Amendment 398 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(6 a) Article 10, paragraph 1 is amended as follows: "Article 10 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation. that endangers road safety and/or encourages infringement of this Regulation, including but not limited to time such as fast delivery, distances travelled and/or the amount of goods carried;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 425 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 (new)
Article 1 – paragraph 1 – point 8 (new)
Regulation (EC) No 561/2004
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. (8a) In Article 14, the following new paragraph shall be added: "This information shall be published on the European Commission website and stakeholder representatives in the EC Committee on Road Transport shall be duly notified."
Amendment 430 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 (new)
Article 1 – paragraph 1 – point 10 (new)
Regulation (EC) No 561/2006
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. The European Commission shall create and maintain a dedicated public web page on its website, containing detailed information on such penalties applicable in EU Member States.
Amendment 443 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 466 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) No 165/2014
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 472 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EU) No 165/2014
Article 34 – paragraph 6 – point b
Article 34 – paragraph 6 – point b
(2 b) the date and place where use of the record sheet begins andIn Article 34, paragraph 6, point b is replaced as follows: "(b) at the beginning, at the end of the use of the record sheet and every time the vehicle crosses a border of a Member State: the dattime and place where such use ends; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0165&qid=1519650301771&from=EN)
Amendment 479 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. TWhere the tachograph is not able to automatically record the location of the vehicle, the driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. . After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..
Amendment 480 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. TIf the tachograph is not able to record automatically location of the vehicle, the driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..
Amendment 24 #
2017/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 41 #
2017/0121(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure that Directive 96/71/EC relating to the posting of drivers in the road transport sector and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers are correctly applied, controls and cooperation at Union level to combat fraud relating to the posting of drivers should be strengthened, and stricter checks should be carried out to ensure that social contributions for posted drivers are actually paid.
Amendment 44 #
2017/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 51 #
2017/0121(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
Amendment 52 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. __________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 54 #
2017/0121(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive in the highly mobile road transport sector, raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. However, taking into account that the transport sector is one of the most vulnerable sectors, the protective minimum provisions of Directive 96/71/EC must be applied to all workers. __________________ 17 COM(2016)128
Amendment 57 #
2017/0121(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in the Union, working conditions should be significantly improved in order to increase the attractiveness of the profession.
Amendment 58 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 58 #
2017/0121(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The road transport sector is highly competitive and characterized by a dimension of distortions generated by abusive forum shopping practices of undertakings in order to lower or avoid costs on wages and social security contributions or other social and working conditions which led to a race to the bottom competition in the past; whereas the internal market would benefit from a level playing field, further steps should be taken to prevent abusive practices by road transport operators though forum shopping, therefore the Commission is asked to evaluate and propose further horizontal measures in European Company law to end regime shopping and regulatory arbitrage by road transport operators.
Amendment 69 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be establishCabotage operations as defined, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entiry Regulations 1072/200918 and 1073/200919 are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 70 #
2017/0121(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
Amendment 91 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 92 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersDirective 96/71/EC in the transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph, which has to be introduced on a mandatory basis by 2 January 2020, at the latest.
Amendment 93 #
2017/0121(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation; however, the road transport sector being highly competitive and characterized by distortions and abusive practices by road transport operators, further horizontal measures such as the protective minimum provisions of Directive 96/71/EC should be applied to all activities, including cabotage and international transports. _________________ 17 COM(2016)128
Amendment 95 #
2017/0121(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in Europe, working conditions should be significantly improved in order to increase the attractiveness of the profession.
Amendment 96 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 105 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 111 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case ofbetween the transport operation and the Member State of employment of the driver. Therefore, it should be established that only international carriage operations beginning and ending in the Member State of employment should be exempt from the application of points (b) and (c) of Directive 96/71/EC. All other international transportcarriage operations. This time threshold should not apply to and cabotage operations as defined by Regulations 1072/200918 and (EC) No 10732/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliamen should be covered by points point (b) and (c) of Directive 96/71/EC. In order to avoid unnecessary administrative burdens only one host Member State should be pointed out for each individual operation. The individual operation begins and ends with the loading of goods. Unloading does not aend of the Council of 21 October 2009 on common rules for access to the intindividual operation and as a consequence the individual opernational road haulage market (OJ L 300, 14.11.2009, p. 72). 19 comprises unladen journeys as defined by Regulation (EC) No 10732/2009 of the European Parliament and of the Council of 21 October 2009 on common rules. In order to point out only one host Member State for eaccess to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)h operation the decisive criteria is the place for unloading – the principle of next destination.
Amendment 113 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be establishCabotage operations as defined, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entiry Regulations (EC) No 1072/200918 and 1073/200919are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 115 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
(-a) in the first subparagraph of paragraph 1, the introductory part is replaced by the following: “1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EEC) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2):”
Amendment 116 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) upon reasonedspecific request by a Member State in individual cases.
Amendment 122 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25five working days from the receipt of the request in cases requiring in- depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 123 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 126 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Amendment 127 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 129 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.s;
Amendment 131 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessible to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 132 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
Article 9 – paragraph 5 a
(ca) the following paragraph is added: 5a. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-day period shall be introduced on all vehicles engaged in international transport and cabotage by 2 January 2020.
Amendment 133 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 141 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersexisting Directive 96/71/EC in all activities of road transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachographand the smart tachographs, which have to be installed in all vehicles used in international transport on a mandatory basis, no later than the 2nd of January 2020.
Amendment 143 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersDirective 96/71/EC in the transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph, which has to be introduced on a mandatory basis by the 2nd of January2020, at the latest.
Amendment 146 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure a fair and level playing field for workers and business there is a need to make progress towards smart enforcement and to provide all possible support for the full introduction and use of risk-rating systems. To this end, the enforcement authorities need to be given real-time access to national electronic registers (NERs), while making maximum use of the European Register of Road Transport Undertakings (ERRU). The establishment of the European Land Transport Agency, whose main competence would be to improve the compliance culture in road transport and providing support for policymaking in the sector at both EU and national level, would also ensure better cross-border enforcement of the EU rules applicable to road transport.
Amendment 151 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 153 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-day period shall be introduced on all vehicles engaged in international transport and cabotage by the 2nd of January 2020, at the latest.
Amendment 163 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 170 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 187 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 196 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) upon reasonedspecific request by a Member State in individual cases.
Amendment 197 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(aa) in paragraph 1, the introductory part is replaced by the following: "1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EECU) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2): :" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1518624583507&uri=CELEX:32006L0022)
Amendment 206 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in- depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 208 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 210 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 213 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Amendment 216 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 219 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 224 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
Article 9 – paragraph 5 a
(ca) the following paragraph 5a is added: 5a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
Amendment 228 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerneds.;
Amendment 230 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessibledirectly accessible through the European Register for Road Transport Undertakings and to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 232 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 249 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyin particular impose the following administrative requirements and control measures:
Amendment 250 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 253 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In order to facilitate the checks and make controls more effective, Member States shall ensure that transport operators use smart tachographs as referred to in Article 8 of Regulation (EU) No 165/2014 in vehicles which are used for international transport operations and cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009, as well as for road leg of combined transport as defined in Directive 1992/106/EC.
Amendment 254 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) For each posted driver and each posting, an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest two years after the publication of the Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
Amendment 254 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
Amendment 259 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-dayperiod shall be introduced on all vehicles engaged in international transport and cabotage by the 2nd of January 2020, at the latest.
Amendment 262 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 266 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivinformation about the posted drivers including at least the following: the identify, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security numbers;
Amendment 283 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting to international carriage operation eitheir territory to perform these operations is shorter than or equal to 3 daysbegins or ends in the Member State where the place of business through which the during a period of one calendar monthver was engaged is situated.
Amendment 284 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paroad transport oper ator electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.to provide the driver with the following documents for the purpose of road side checks:
Amendment 289 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
i) a copy of the posting declaration in paper or electronic form;
Amendment 290 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
The provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the enforcement Directive 2014/67/EU shall apply to transport undertakings performing cabotage operations, as well as to the incoming or outgoing carriage of goods by road as one leg of a combined transport journey, as laid down in Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States.
Amendment 291 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
ii) evidence of the transport operation taking place in the host Member State as refereed in the legal act amending Regulation (EC) No1072/2009 of the European Parliament and the Council;
Amendment 293 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
Article 2 – paragraph 4 – point b – point iii (new)
iii) the electronic CMR;
Amendment 294 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
The provisions of these Directives shall also apply to the international transport as long as the posting conditions specified in Article 1.3 of Directive 96/71/EC as amended by ... [2016/0070 (COD)] are met.
Amendment 295 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
Article 2 – paragraph 4 – point b – point iv (new)
iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
Amendment 295 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 c (new)
Article 2 – paragraph 2 – subparagraph 1 c (new)
In order to facilitate the implementation and the compliance with this Directive, within two years from the adoption of the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] the European Commission shall provide centralised information on the sets of national rules, the component elements and the levels of remuneration for all EU Member States. This information will be publicly available.
Amendment 297 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
Article 2 – paragraph 4 – point b – point v (new)
v) a copy of the pay slips for the past two months, in paper or electronic form;
Amendment 299 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 301 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 303 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 305 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 313 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 327 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of timefive days of the request;
Amendment 334 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2(4)(a), (b) and (f) shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
Amendment 337 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 339 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 341 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six months.To prove that the provisions of Directive 96/71/EC and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of workers are met, the competent authorities of the host Member State shall verify the following during roadside checks:
Amendment 343 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calcudetermining the relevant Member State in relation tof the periods of posting referred toapplication of points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC and type of operation in paragraph 2:
Amendment 344 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point a (new)
Article 2 – paragraph 5 – point a (new)
(a) the tachograph data of the current day and that of the past 56 days;
Amendment 345 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point b (new)
Article 2 – paragraph 5 – point b (new)
(b) the electronic consignment notes of the current day and the past 56 days;
Amendment 346 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point c (new)
Article 2 – paragraph 5 – point c (new)
(c) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
Amendment 347 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The roadside check authorities shall transmit all information referred to in Article 2 paragraph 5 (a) (b) and (c) to the competent authorities of the host Member State, for an assessment of compliance with the legal acts referred to in paragraph 5.
Amendment 350 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. The competent authorities in the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No 1071/2009.
Amendment 351 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 to the national electronic registers established by Regulation(EC) No 1071/2009, to posting declaration and to any other relevant databases.
Amendment 354 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working The individual operatiodn shorter than six hours spent all determine the territory of a host Member State shall be considered as half a day;ms of which Member State in relation to points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC that shall be applied.
Amendment 356 #
2017/0121(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a Member States shall apply Directive 96/71/EC and 2014/67/EU for the entire period of posting to their territory to drivers in the road transport sector employed by undertakings referred to in Article 1(3) (a), (b) and (c) when performing transit;
Amendment 372 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day;The loading of goods shall mark the beginning of an operation and discontinuation of previous operations.
Amendment 380 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working periodFor the operation in question, the terms applicable shall be those of the Member State in which the unloading is supposed to take place. This shall not apply to the first subparagraph of paragraph 2.
Amendment 397 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may only impose the following administrative requirements and control measures necessary to ensure effective monitoring of compliance with the obligations arising from this Directive and Article 9 of Directive 2014/67/EU, provided that they are justified in accordance with Union law and relatively. To this end Member States may, in particular, provide for the following measures:
Amendment 410 #
2017/0121(COD)
(a) For each posted driver and each posting, an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest 2 years after the publication of this Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
Amendment 433 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivinformation about the posted drivers including at least the following: the identity, the country of residence, the country where the labour contract is based, the country of payment of social contributions and the social security numbers;
Amendment 466 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paroad transport oper ator electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Councilto provide the driver with the following documents for the purpose of road sidechecks:.
Amendment 475 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
(i) a copy of the posting declaration in paper or electronic form;
Amendment 477 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
(ii) evidence of the transport operation taking place in the host Member State as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and the Council;
Amendment 478 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
Article 2 – paragraph 4 – point b – point iii (new)
(iii) the electronic CMR;
Amendment 479 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
Article 2 – paragraph 4 – point b – point iv (new)
(iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
Amendment 480 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
Article 2 – paragraph 4 – point b – point v (new)
(v) a copy of the payslips for the past two months, in paper or electronic form;
Amendment 484 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 494 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 512 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 536 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of time5 days from the request;
Amendment 546 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
Amendment 553 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide aTo safeguard that the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the provisions of Directive 2014/67/EU are met, during roadside checks, the competent authorities of the Member State of the posting shall verify the following: (a) the tachograph data of the current day and that of the poasting declaration covering a period of a maximum of six months 56 days; (b) the electronic consignment notes of the current day and of the past 56 days; (c) the documents referred to in paragraph 4 of this Article.
Amendment 559 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point a (new)
Article 2 – paragraph 5 – point a (new)
(a) the electronic consignment notes of the current day and the past 56 days;
Amendment 560 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point b (new)
Article 2 – paragraph 5 – point b (new)
(b) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
Amendment 562 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The roadside check authorities shall transmit all information referred to in the above paragraph to the competent authorities of the Member State of posting, for an assessment of compliance with the legal acts referred to in the above paragraph. In order to facilitate the implementation and the application of this Directive the competent authorities of the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No1071/2009.
Amendment 567 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, to the European Register for Road Transport Undertakings, to the national electronic registers established by Regulation (EC) No 1071/2009, to posting declaration and to any other relevant databases;
Amendment 573 #
2017/0121(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Member States shall apply Directives 96/71/EC and 2014/67/EU for the entire period of posting to their territory to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a), (b) and (c) when performing road haulage legs of combined transport as referred to in Article 4 of Directive 92/106/EEC.
Amendment 575 #
2017/0121(COD)
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Article 2b Member States shall apply Directives 96/71/EC and 2014/67/EU for the entire period of posting to their territory to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a), (b) and (c) when performing transit;
Amendment 15 #
2017/0113(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2006/1/EC of the European Parliament and of the Council11 provides for a minimum level of the market opening for the use of vehicles hired without drivers for the carriage of goods by road. _________________ 11Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on lays down provisions regarding the use of vehicles hired without drivers for the carriage of goods by road (codified version) (OJ L 33, 4.2.2006, p. 82).
Amendment 18 #
2017/0113(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward and at the same time increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be younger than the average fleet, they are alsomay often be safer and less polluting.
Amendment 19 #
2017/0113(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 26 #
2017/0113(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The level of road transport taxation still differs considerably within the Union. Therefore, cCertain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified to achieve legitimate objectives such as road safety, taxation policy, protection of the environment or improvement of the welfare or employment rights and conditions of drivers in order to avoid fiscal distortions. Consequently, for example, Member States should have the option to limit the length of time a vehicle hired in another Member State other can be used withain the one of establishmentir respective territories, and to restrict the use of the undertaking hiring it can be used within their respective territorieavier or older hired vehicles for own account transport operations.
Amendment 28 #
2017/0113(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Other issues specific to the proper use of hired vehicles should also be addressed in this measure. This includes provisions to help ensure that drivers are properly trained and qualified when using hired vehicles and that adequate information on hired vehicles is held, in an accessible manner in the national electronic registers of applicable Member States. This will assist in enforcing rules against illegal cabotage and other violations of Union and Member State laws regarding road transport.
Amendment 33 #
2017/0113(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 37 #
2017/0113(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report. Any future action in this area should be considered in light of that report. This should include whether additional requirements to consolidate and safeguard traceable links between undertakings and vehicles should be introduced, such as mandatory declaration of vehicle number plates of hired vehicles in national electronic registers and anti-avoidance provisions against so-called ‘letterbox’ companies.
Amendment 38 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2006/1/EC
Article 1 – title
Article 1 – title
-1 Article 1 Definitions
Amendment 39 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – introductory part
Article 1 – paragraph 1 – point 1 – introductory part
Directive 2006/1/EC
Article 2 – title
Article 2 – title
(1) Article 2 is amended as follows: "Article 2 Use of hired vehicles"
Amendment 44 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Directive 2006/1/EC
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the vehicle is registered or put into circulation in compliance with the laws of any Member State;;
Amendment 45 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – point ii – point a (new)
Article 1 – paragraph 1 – point 1 – point a – point ii – point a (new)
Directive 2006/1/EC
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
Amendment 46 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/1/EC
Article 2 – paragraph 1 a
Article 2 – paragraph 1 a
Amendment 55 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b (new)
Article 1 – paragraph 1 – point 1 – point b (new)
Directive 2006/1/EC
Article 2 – paragraph 1 a a (new)
Article 2 – paragraph 1 a a (new)
1aa. Notwithstanding paragraph 1, where the hired vehicle is registered or put into circulation in compliance with the laws of a Member State other than the Member State of use, the time of use shall be limited to no more than two periods of two months each in any given calendar year, and this limitation shall be specified in any applicable contract of hire.
Amendment 57 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
(ba) In Article 2, paragraph 2 introductory part is replaced by the following: "2. Proof of compliance with the conditions referred to in paragraph 1, points (a) to (de) shall be provided by the following documents in writing, which must be on board the vehicle: at the disposal of the driver and on board the vehicle:" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0001&from=EN)
Amendment 58 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b b (new)
Article 1 – paragraph 1 – point 1 – point b b (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
Amendment 59 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b c (new)
Article 1 – paragraph 1 – point 1 – point b c (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(bc) In Article 2, paragraph 2 new point (c) should be added: (c) a certified extract of an entry in the applicable national electronic register.
Amendment 60 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b d (new)
Article 1 – paragraph 1 – point 1 – point b d (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – last part
Article 2 – paragraph 2 – last part
Amendment 61 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/1/EC
Article 3 – title
Article 3 – title
Article 3 Own account operations
Amendment 65 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/1/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall take the necessary measures to ensure that their undertakings may use hired vehicleestablished within their territories may use hired vehicles that have been registered or put into circulation within the previous five years for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied.
Amendment 68 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2006/1/EC
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(2a) In Article 3, the following paragraph 1 a is inserted: "1a. Member States may exclude from the provisions of paragraph 1 own account transport operations carried out by vehicles with a total permissible laden weight of more than 2,4 tonnes."
Amendment 71 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2006/1/EC
Article 4
Article 4
Amendment 72 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2006/1/EC
Article 5 – point e a (new)
Article 5 – point e a (new)
(2c) In article 5 new point ea is inserted: "Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning: (a) the organisation of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and quota restrictions on road capacities; (b) prices and conditions for the carriage of goods by road; (c) the formation of hire prices; (d) the import of vehicles; (e) the conditions governing access to the activity or occupation of road-vehicle lessor. ; (f) requirements for undertakings to secure appropriate parking spaces where necessary." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0001&from=EN)
Amendment 73 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2006/1/EC
Article 5 a (new)
Article 5 a (new)
(2d) Article 5a Training of drivers Undertakings using hired vehicles shall ensure that all drivers using a hired vehicle receive the necessary training to acquire the knowledge which is essential for their work, with specific attention to health and safety aspects, and that training requirements are regularly updated to meet the challenges of technological innovation.
Amendment 74 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2006/1/EC
Article 5 b (new)
Article 5 b (new)
(2e) Article 5b is inserted: Article 5b Penalties Member States shall ensure that penalties applicable to infringements of this Directive are adequate, effective and dissuasive.
Amendment 75 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2006/1/EC
Article 5 a
Article 5 a
Amendment 79 #
2017/0113(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Regulation (EC) No 1071/2009 should therefore be amended accordingly: Article 6, paragraph 1, point b (va) new is inserted: (va) the driving and use of hired vehicles;
Amendment 80 #
2017/0113(COD)
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Article 1b Directive 2003/59/EC should therefore be amended accordingly: Annex I, paragraph 3, point 3.6a (new) is inserted: (3.6a) Objective: ability to drive, use and manage hired vehicles: general information on the vehicle hired, legislation on the use for transport operations, road driving behaviour and minimum training requirements for transport operations, lack of proper training likely to affect the driving or the use of the vehicle, vehicle maintenance
Amendment 81 #
2017/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – 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 calculated 182 months following the entry into force] at the latest. They shall communicate to the Commission the text of those provisions without delay.
Amendment 32 #
2017/0085(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 51 #
2017/0085(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Pillar of Social Rights which was proclaimed by Member States on17th November 2017 shall deliver new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work- life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”
Amendment 59 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative relative with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market partly or entirely.
Amendment 69 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, Eurofound research shows that take-up rates among parents depend on many intertwined factors. Such factors include: information about the leave available; leave compensation and pay disparities; availability and flexibility of childcare facilities; prevailing family organisation models; and the extent to which workers fear isolation from the labour market when taking leave.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).
Amendment 77 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The availability of and access to affordable, adequate and quality early childhood education and care (ECEC), care for other dependent persons and high-quality social services have proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. However, there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels; for 27 % of Europeans, the poor quality of childcare makes it difficult to access these services; achieving quality services means investing in childcare workforce training; only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years). The achievement of these objectives is crucial to allow women to fully participate in employment and prioritising the investment in community- based quality, accessible and affordable childcare in the next Multiannual Financial Framework is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 137 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify tha reasonable period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement in writing. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationsspecific situations, in particular with regard to children with disabilities, mental health problems, serious medical conditions or illness, in accordance with their national law and practice.
Amendment 154 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 173 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative with care or supports needs should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, proof of the serious illness or dependencycare or support needs may be required prior to granting of the leave.
Amendment 189 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to a payment or an adequate allowance while on leave. The level of the payment or the allowance should be at least equivalent to what85 % of the worker concerned would receive in case of sick leav’s gross wage. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 199 #
2017/0085(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract or employment relationship during the period of the leaves covered by this Directive, including as regards entitlements to social security, the Member States should therefore ensure that the employment relationship is maintained without prejudice to entitlements to social security including pension contribution which the worker remains subject to throughout the period of leave. In that perspective, Members states shall secure the leave provided for in this Directive shall not affect the worker’s pension entitlements during this whole period.
Amendment 211 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be abentitled to request flexible working arrangements, meaning for example the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s requestdemand for flexible working arrangements should lie with the employer, who should justify the refusal in writing. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 219 #
2017/0085(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground.
Amendment 224 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 233 #
2017/0085(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexible working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 274 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 282 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid and mandatory leave from work for fathers to be taken on the occasion of the birth of a child;or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption of a child; The right to paternity leave referred in paragraph 1 shall be granted irrespective of their length of service or the status of their employment relationship.
Amendment 303 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 306 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 311 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relativto a person with care or support needs due to a serious or chronic illness, disability, mental health or age related problem for a relative or a person in his/her immediate circle;
Amendment 331 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker'first-degree relatives (son, daughter, mother, father, sibling), and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;, step-and foster children, both in the own and in the spouse’s or partner’s family.
Amendment 348 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;“care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society'
Amendment 368 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to takea mandatory paternity leave of at least ten working days on the occasion of the to be taken around the time of the birth, stillbirth or adoption of a child. Member states may determine whether the leave can also be taken partly before or only directly after the birth, stillbirth ofr adoption of the child.
Amendment 386 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law but also irrespective of their length of service or the status of their employment relationship.
Amendment 391 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 403 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. The length of parental leave shall be doubled for single parents.
Amendment 433 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 446 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 482 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical conditioncare and support needs of the worker's relative.
Amendment 513 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what85 % of the worker concerned would receive in case of sick leav’s gross wage.
Amendment 536 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 550 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal or postponement of such a requests within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreements and/or practices in force in each Member State.
Amendment 582 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. .Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including pension contribution which the worker remains subject to throughout thate period of leave.
Amendment 608 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 617 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 653 #
2017/0085(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a More favourable provisions 1. The implementation of this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 31 #
2016/2237(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the vital importance of the hundreds of thousands of social enterprises in Europe, which employ around 15 million people, and their invaluable contribution to continued economic growth in the EU internal marketquality job creation, social and regional cohesion and continued economic growth in the EU internal market, especially during the economic meltdown, which contrasts with the lack of social visibility and national awareness, in terms of public policies adapted to this sector, as well as financial comprehension of their activities and benefits for society;
Amendment 39 #
2016/2237(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that, although social enterprises and their activities should not replace public social protection and welfare assistance, given the constantly rising demand for social services,; social enterprises in the EU bear enormous social responsibility and are becoming increasingly important; are becoming increasingly important in order to cushioning social impacts amongst those hit hardest by the economic crisis against the background of stricter fiscal rules and regressive structural reforms at national level imposed by the Union, which reduce public expenditure and risk national welfare states;
Amendment 58 #
2016/2237(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for an online multilingual European platform for social and solidarity-based enterprises, through which they could exchange ideas on setting-up and funding procedures and the legal situation; and receive and share information on access to national and Union programmes and funding;
Amendment 67 #
2016/2237(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the needCalls on the Commission to put forward a proposal for a regulation to introduce at EU level a ‘European social label’ for social enterprises, based on clear criteriaand solidarity-based enterprises aimed to distinguish the specific characteristics of theses undertakings and their social impact, facilitating access to funding and to the single market for those willing to expand to other Member States, while at the same time respecting different legal forms in the sector;
Amendment 71 #
2016/2237(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the “European social label” must be available for those social and solidarity-based enterprises satisfying a set of minimum legal requirements and definitions, regardless of their legal form;
Amendment 75 #
2016/2237(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to introduce a European definition for social and solidarity-based enterprises based on Regulation (EU) No 1296/2013, which defines such a business as an undertaking, which regardless of its legal form: (a) has the achievement of measurable, positive social impacts as a primary objective in accordance with its articles of association, statutes or any other statutory document establishing the business, where the undertaking: – provides services or goods to vulnerable, marginalised, disadvantaged or excluded persons generating social returns, and/or – provides goods or services through a method of production, which embodies its social objective; (b) uses its profits first and foremost to achieve its primary objectives instead of distributing profits, and has in place predefined procedures and rules for any circumstances in which profits are distributed to shareholders and owners, which ensure that any such distribution of profits does not undermine its primary objectives; and (c) is managed in an accountable and transparent way, in particular by involving workers, customers and/or stakeholders affected by its business activities;
Amendment 78 #
2016/2237(INL)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recognises the positive impact of Corporate Social Responsibility (CSR) criteria among the European businesses; considers, however, that this notion must be treated separately from the activities and notions involving social economy and social and solidarity-based enterprises;
Amendment 79 #
2016/2237(INL)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Considers that the minimum criteria and legal requirements for acquiring and maintaining a “European social label” must be a socially useful activity which should be define at European level; points out that this activity should be measurable in terms of social impact in fields like social integration of vulnerable people, labour market integration of those at risk of exclusion in quality and sustainable jobs, reduction of gender inequalities, tackling marginalisation of migrants, improving equal opportunities through health, education, culture, and decent housing, fighting poverty and inequalities; stresses that social and solidarity-based enterprises must comply in their own performance with best practices in terms of working and employment conditions;
Amendment 80 #
2016/2237(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. SConsiders that the “European social label” should be optional for the undertakings, but must be recognised by all Member States; social and solidarity- based enterprises awarded with the label must enjoy the same benefits, entitlements, rights and obligations, in a specific Member State regardless of their legal forms; stresses that the cost of and the formalities involved in obtaining the label should be kept to a minimum, to avoid putting social enterprises at any disadvantage;
Amendment 84 #
2016/2237(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the need to offfoster financial support to social enterprises at regional, national and EU level, and draws attentoffered by private investors and public entities to social and solidarity-based enterprises at regional, national and EU level; calls on the Commission to strengthen the social dimension tof existing sources of funding, such as the European Social Fund, the European Regional Development Fund and the European Programme for Social Change and InnovationUnion funding in the context of the next Multiannual Financial Framework (MFF) 2021-2027, such as the European Social Fund, the European Regional Development Fund and other relevant funds as Horizon 2020, COSME and the European Fund for Strategic Investment, in order to promote the social economy and social entrepreneurship;
Amendment 5 #
2016/2018(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers better law-making as an inter-institutional exercise of improving the quality of EU legislation by prioritising its social purpose to enhance citizens’ well-being and promote their rights and freedoms as defined in the Treaties;
Amendment 7 #
2016/2018(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UnderlRemineds the importance of proper implementation of the programming arrangements andCommission of its obligation to respond promptly, with specific communications signed by the College, to own-initiative reports adopted by the European Parliament; deplores that several own-initiative reports remainds the Commission of its obligation to unanswered, such as the legislative initiative respond promptly to own-initiative reportsrt on information and consultation of workers, anticipation and management of restructuring;
Amendment 43 #
2016/2018(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Commission to establish the ABS without delay, as it will play a key role in the implementation and applicatHighlights the importance to scrutinise Member States’ transposition and enforcement of directives, and all national measures that go beyond the provisions of EU legislation, in particular the scrutiny (‘gold- plating’); stresses in this context however the right of Member States’ transposition of directives, and of all national measures that go beyond the provisions of EU legislation (‘gold- plating’o always maintain or introduce more stringent protective measures compatible with the Treaties than the minimum requirements set out in the EU directives, including in the field of social policy (Art.153(4) TFEU);
Amendment 50 #
2016/2018(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 59 #
2016/2018(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Stresses that better law making should focus less on reducing regulation and concentrate more on quality legislation and its ability to protect and promote the interests of EU citizens; highlights the importance of giving fundamental rights as well as employment and health and safety considerations the same weight as financial considerations when legislative fitness checks are carried out; points out that in the case of conflicts fundamental rights should always take precedence;
Amendment 399 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b a (new)
Article 1 – paragraph 1 – point 20 – point b a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
(ba) The following paragraph is inserted: “3a. Entitlement to benefits shall be retained up to the end of the period of entitlement from the date when the unemployed person ceased to be available to the employment services of the Member State which he/she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his/her entitlement to benefits under the legislation of that Member State.”
Amendment 545 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)