12 Amendments of Jutta STEINRUCK related to 2013/0028(COD)
Amendment 39 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Competitive tendering based on the lowest price principle leads to social dumping, often related to cheaper offers, thus saving at the expense of employees: lower wages, longer working hours, fewer personnel. To ensure that competitive tendering is based not on the lowest price but rather on quality criteria, and to take account of national specificities, the form of competitive tendering procedures must be at the discretion of the Member States.
Amendment 51 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where the conclusion of a public service contract may entail a change of public service operator, competent authorities should require the chosen public service operator to apply the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfer of undertakings, businesses or parts of undertakings or businesses. This Directive does not preclude Member States from safeguarding transfer conditions of employees’ rights other than those covered by Directive 2001/23/EC. Member Stats shall be required to take into account labour and social standards more favourable to the workers, established by national laws, regulations or administrative provisions or collective agreements or agreements concluded between the social partners.
Amendment 53 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In keeping with the principle of subsidiarity, competent authorities should establish social and qualitative criteria in order to maintain and raise quality standards for public service obligations, for instance with regard to minimal working conditions, passenger rights, the needs of persons with reduced mobility, environmental protection and the health and security of passengers and employees, as well as collective agreement obligations and other rules and agreements concerning workplaces and social protection at the place where the service is provided. In order to ensure transparent and comparable terms of competition between operators and to avert the risk of social dumping, competent authorities should be free to impose specific social and service-quality standards.
Amendment 54 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) With a view to reducing abuses in subcontracting situations and in order to protect the rights of railway workers, it should be ensured on a non- discriminatory basis that sub-contractors can be held liable to pay to workers all due entitlements and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement. In any case Member States should be free to introduce and/or apply more stringent liability rules under national law.
Amendment 67 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point d
Article 2a – paragraph 1 – point d
principles of tariff policy and applicable rules regarding social and employment protection;
Amendment 71 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – subparagraph 2
Article 2a – paragraph 1 – subparagraph 2
In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights, social, employment and environmental protectionorder to ensure transparent and comparable terms of competition between operators and to avert the risk of social dumping, competent authorities may impose specific social and service-quality standards.
Amendment 75 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 3 – point b
Article 2a – paragraph 3 – point b
they shall be appropriate to achieve the objectives of the public transport plan, i.e. shall determine the award procedure in terms of the quality standards to be achieved, and stipulate the appropriate means to be used, to attain the objectives of the public transport plan;
Amendment 76 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 3 – subparagraph 2
Article 2a – paragraph 3 – subparagraph 2
Amendment 77 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 4 – point a
Article 2a – paragraph 4 – point a
achieve the objectives of the public transport plan in the most cost-effective mannerefficient possible manner with a high level of quality;
Amendment 86 #
Proposal for a regulation
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Regulation (EC) No 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
Paragraph 5 is replaced by the following: ‘Without prejudice to national and Community law, including collective agreements between the social partners, competent authorities shall require the selected public service operator to grant staff previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. This Directive does not preclude Member States from safeguarding transfer conditions of employees’ rights other than those covered by Directive 2001/23/EC. Member States shall be required to take into account labour and social standards more favourable to the workers, established by national laws, regulations or administrative provisions or collective agreements or agreements concluded between the social partners.’
Amendment 92 #
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 1370/2007
Article 5 – paragraph 3a (new)
Article 5 – paragraph 3a (new)
4a. The following paragraph is inserted: ‘3a. The competent authority may exclude operators from non-EU countries from participating in the competitive tendering procedures when these non-EU countries do not open their tendering procedures to Member State companies.’
Amendment 98 #
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6