Activities of Georges BACH
Plenary speeches (45)
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) DE
Charging of heavy goods vehicles for the use of certain infrastructures (debate) DE
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) DE
Odometer manipulation in motor vehicles: revision of the EU legal framework (debate) DE
Protection of workers from the risks related to exposure to carcinogens or mutagens (debate) DE
Decision adopted on Mobility package (debate) DE
Road transport in the European Union (debate) DE
Application of the Postal Services Directive (debate) DE
EU Agency for Railways - Interoperability of the rail system within the European Union - Railway safety (debate) DE
EU Strategic framework on health and safety at work 2014-2020 (debate) DE
Future aviation package (debate) DE
Implementation of the 2011 White paper on transport (debate) DE
Green employment initiative - Guidelines for the employment policies of the Member States DE
Employment conditions including minimum rates of pay applicable to the transport sector - Compliance of the German provisions with European law on the minimum wage in the transport sector (debate) DE
Cross-border exchange of information on road safety related traffic offences (debate) DE
Assessment of good repute of transport operators (debate) FR
Employment and social aspects of the EU2020 strategy (debate) DE
Youth employment (debate) DE
Alternative fuels infrastructure (debate)
European Union Agency for Railways (A7-0016/2014 - Roberts Zīle) (vote)
Domestic passenger transport services by rail - Normalisation of the accounts of railway undertakings - European Union Agency for Railways - Single European railway area - Railway safety - Interoperability of the rail system (continuation of debate)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Groundhandling services at European Union airports (A7-0364/2012 - Artur Zasada)
'One carry-on bag' rule imposed by certain airlines (debate)
Authorised dimensions and weights of certain road vehicles (debate)
Passenger rights in all transport modes (short presentation)
Recording equipment in road transport (debate)
Explanations of vote
Contractual relations in the milk and milk products sector (debate)
Single European transport area (debate)
Single European railway area (debate)
Tourism in Europe (debate)
Cross-border exchange of information on road safety related traffic offences
Aviation security with a special focus on security scanners - Liquids (LAG) ban on aircrafts (debate)
European statistics on tourism (debate)
Rights of passengers in bus and coach transport (debate)
Postal services
Implementation of the first railway package directives (debate)
The organisation of the working time of persons performing mobile road transport activities (debate)
European rail network for competitive freight (debate)
Implementation of the first railway package directives (debate)
Railway safety, including the European signalling system (debate)
Safety and interoperability of the community railroad system (debate)
Statement by the President-designate of the Commission (debate)
Reports (2)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air PDF (921 KB) DOC (1 MB)
REPORT on passenger rights in all transport modes PDF (254 KB) DOC (164 KB)
Shadow reports (13)
REPORT on pathways for the reintegration of workers recovering from injury and illness into quality employment PDF (440 KB) DOC (69 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures PDF (1 MB) DOC (202 KB)
REPORT with recommendations to the Commission on odometer manipulation in motor vehicles: revision of the EU legal framework PDF (338 KB) DOC (74 KB)
REPORT on minimum income policies as a tool for fighting poverty PDF (401 KB) DOC (89 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on railway safety (recast) PDF (456 KB) DOC (85 KB)
REPORT on the EU Strategic Framework on Health and Safety at Work 2014-2020 PDF (214 KB) DOC (150 KB)
RECOMMENDATION on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation with regard to matters related to social policy PDF (170 KB) DOC (93 KB)
REPORT on the proposal for a Council decision on guidelines for the employment policies of the Member States PDF (220 KB) DOC (353 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offences PDF (432 KB) DOC (262 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on railway safety (recast) PDF (475 KB) DOC (604 KB)
REPORT on asbestos related occupational health threats and prospects for abolishing all existing asbestos PDF (227 KB) DOC (144 KB)
REPORT on the mid-term review of the European strategy 2007-2012 on health and safety at work PDF (270 KB) DOC (163 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council facilitating the cross-border exchange of information on road safety related traffic offences PDF (303 KB) DOC (417 KB)
Opinions (4)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs
OPINION on the report on the application of the Postal Services Directive
OPINION on the EU’s External Aviation Policy – Addressing Future Challenges
OPINION on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC
Shadow opinions (11)
OPINION on internet connectivity for growth, competitiveness and cohesion: European gigabit society and 5G
OPINION Report on the application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
OPINION on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
OPINION on Eco-innovation – Jobs and Growth through environmental policy
OPINION on the European Semester for economic policy coordination: implementation of 2012 priorities
OPINION on the 20 main concerns of European citizens and business with the functioning of the Single Market
OPINION on tackling early school leaving
OPINION on Youth on the Move: a framework for improving Europe’s education and training systems
OPINION Report from the Commission: Report on competition policy 2009
Institutional motions (3)
MOTION FOR A RESOLUTION on the need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases PDF (267 KB) DOC (71 KB)
MOTION FOR A RESOLUTION on the future Aviation Package PDF (182 KB) DOC (77 KB)
MOTION FOR A RESOLUTION on the Commission delegated regulation of 19 August 2014 amending Annex III to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences PDF (238 KB) DOC (59 KB)
Oral questions (13)
Animal welfare, antimicrobial use, and the environmental impact of industrial broiler farming PDF (198 KB) DOC (20 KB)
Animal welfare, antimicrobial use and the environmental impact of industrial broiler farming PDF (198 KB) DOC (20 KB)
Neutrality of airline reservation systems (GDS) and restriction of access to flight information PDF (196 KB) DOC (21 KB)
An EU ban on the movement of wild circus animals PDF (98 KB) DOC (16 KB)
EU ban on the movement of wild circus animals PDF (99 KB) DOC (17 KB)
Commission's answers to written questions PDF (205 KB) DOC (19 KB)
Commission's approval of Germany's revised plan to introduce a road toll PDF (197 KB) DOC (19 KB)
Call for a limitation of abusive fees charged for cross-border intra-EU phone calls and SMSs in the upcoming review of the telecoms framework PDF (106 KB) DOC (18 KB)
Export of live animals outside the EU PDF (97 KB) DOC (26 KB)
Autonomous driving PDF (197 KB) DOC (27 KB)
Preventive measures to tackle the gender pension gap in the EU PDF DOC
Illegal trade in animals PDF DOC
Commission's answers to Written Questions PDF DOC
Written questions (9)
Ban on driving at night PDF (103 KB) DOC (16 KB)
Social security contributions on income from assets earned by French residents working in another EU Member State PDF (5 KB) DOC (15 KB)
General Safety Regulation PDF (104 KB) DOC (16 KB)
Local public enterprises and economic and territorial development PDF (103 KB) DOC (24 KB)
Follow-up to reply to Written Question P-008983/2015 - Revision of Regulation (EC) No 868/2004 in order to safeguard fair competition and a level playing field in EU external aviation relations PDF (104 KB) DOC (25 KB)
Road safety PDF (102 KB) DOC (24 KB)
Alarming situation in the port of Calais - Safety of endangered lorry drivers PDF (193 KB) DOC (27 KB)
Combatting vine wood diseases PDF (102 KB) DOC (25 KB)
Support for farmers adversely affected by a change in Union law PDF (104 KB) DOC (24 KB)
Individual motions (2)
MOTION FOR A RESOLUTION on fighting discrimination based on race, religion and nationality PDF (254 KB) DOC (48 KB)
MOTION FOR A RESOLUTION on the mistreatment of Spanish greyhounds (galgos) in Spain and the need for a large-scale education campaign PDF (246 KB) DOC (60 KB)
Written declarations (1)
Amendments (1573)
Amendment 18 #
2018/2110(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Favours a more efficient transport system that gives priority to the transport of meat over live animals and favours regional slaughterhouses;
Amendment 30 #
2018/2110(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Echoes the Court of Justice of the European Union’s judgment to the effect that EU traders must comply with the Regulation until the final destination; believes that if compliance cannot be guaranteed, live animal transportexport from the EU to third countries should be banned;
Amendment 63 #
2018/2110(INI)
Draft opinion
Paragraph 6 – indent 3 a (new)
Paragraph 6 – indent 3 a (new)
– the competent authority to inspect the loading of vessels to ensure it is carried out in accordance with the Regulation, as required by Article 20(2)
Amendment 80 #
2018/2110(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. An effective monitoring system should be implemented to overcome the low and insufficient number of checks and official audits. The information of the Trade Control and Expert System should be made publicly available and lorry drivers should be provided with a tablet or smart phone using a governmental application to introduce all the information regarding their means of transport, including information on animals transported, before starting the journey. Transparency for citizens should remain a priority.
Amendment 25 #
2018/2089(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Commission communication on the road to automated mobility: An EU strategy for mobility of the future constitutes an important milestone in the EU strategy for connected and automated mobility; whereas emphasis must be placed on autonomous mobility, given that fully autonomous vehicles will not be able to operate without connected functionalities;
Amendment 93 #
2018/2089(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need for clear legislation obligating the installation of event data recorders in line with the eCall Regulation5 as well as the upcoming requirements under development by the United Nations task force on dedicated storage system for automated driving in order to clarify and enable the tackling, as soon as possible, of issues of liability; _________________ 5 OJ L 123, 19.5.2015, p. 77. OJ L 123, 19.5.2015, p. 77.
Amendment 181 #
2018/2089(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses the need for real-life testing sites across the EU in order to thoroughly test and develop new technologies; urges each of the Member States to designate, by 2020, urban and, extra- urban and cross-national areas where autonomous research vehicles can be tested in real-life traffic conditions, while safeguarding road safety in those areas;
Amendment 86 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) event (accident) data recorded
Amendment 151 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seat. The Commission shall propose a Delegated Act on Direct Vision Requirements that eliminates the blind spot to the front and on the drivers side of trucks and significantly reduces the blind spot on the passenger side. This requirement shall be differentiated according to the type of truck.
Amendment 158 #
2018/0145(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Prior to each session of the UNECE’s World Forum for Harmonization of Vehicle Regulations (WP.29), the Commission shall report to the European Parliament on: a) The progress made on the implementation of new vehicle safety features and technologies as mentioned in Articles 6(4), 7(7), 8(3), 9(7), 10(3) and 11(2) b) The progress made on the implementation of Article 11(2); c) The justification for any proposal to be voted in favour of during the session
Amendment 160 #
2018/0145(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Review By 3 years after entry into force of this Regulation and every three years thereafter, the Commission shall present a report to the European Parliament and to the Council including, where appropriate, proposals for amendments to this Regualtion or other relevant legislation regarding the inclusion of further new safety measures.
Amendment 73 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop, in cooperation with Member States and social partners, an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. 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 or 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 Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.
Amendment 96 #
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 enforcement of the Union law in the area of cross-border labour mobility and the coordination of social security systems within the Union.
Amendment 111 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) encourage, facilitate and support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;
Amendment 151 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. 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 179 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop, in cooperation with Member States and social partners, an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. 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 or 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 Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.
Amendment 217 #
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 and facilitate concerted or joint inspections between Member States in 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 inspection.
Amendment 229 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. SIn their capacity as facilitator, 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.
Amendment 244 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall, in cooperation with member States and social partners, assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 287 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and two representatives of the Commission and two representatives of the Union-level social partners equally representing trade unions and employer's organisations, all of whom have voting rights.
Amendment 662 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall, in cooperation with Member States and social partners, assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector- specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity and cooperation with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 786 #
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 794 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 a (new)
Article 17 – paragraph 2 – subparagraph 1 a (new)
The Authority shall set up a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation.
Amendment 805 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and two representatives of the Commiss, two representatives of the Commission and two representatives of the Union-level social partners equally representing trade unions and employer's organisations, all of whom have voting rights.
Amendment 9 #
2017/2277(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution of 25 November 2015 on the EU Strategic Framework on Health and Safety at Work 2014-20201a, __________________ 1a P8_TA(2015)0411
Amendment 25 #
2017/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the proportion of older workers in the total working-age population is rapidly increasing and is expected to reach 21 % in 2020; whereas the ageing increases the risk of chronic mental and physical health disorders, illnesses and problemsof the European workforce leads to an increase in the retirement age in many Member States and many workers are likely to face longer working lives; whereas ageing is accompanied by a higher risk of developing chronic mental and physical health disorders, illnesses and problems, which make prevention, reintegration and rehabilitation important policies to keep workplaces as well as pension and social security systems sustainable;
Amendment 28 #
2017/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the right to working conditions which respect the health, safety and dignity of every worker is enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 66 #
2017/2277(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas people with disabilities, chronic diseases or recovering from injury or illness are in a vulnerable situation and should benefit from individualised support in returning to their place of work or the labour market;
Amendment 90 #
2017/2277(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of campaigns promoting prevention and health and safety at work measures, such as the “Vision Zero” campaign which is supported by the EU-OSHA as well as companies and organisations from various EU Member States;
Amendment 91 #
2017/2277(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that return-to-work policies should be inscribed in a broader holistic approach of healthy working lives with a physically and mentally safe and healthy working environment throughout people’s working life to allow active and healthy ageing for all workers; considers that preventing occupational diseases and accidents creates added value for workers and society as a whole, with sustainable social security systems;
Amendment 103 #
2017/2277(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the recent launch by the EU-OSHA of a new section on its website dedicated to work-related diseases, focusing on musculoskeletal problems, stress and mental health problems, work- related cancers, skin infections and diseases linked to biological agents as well as a chapter on rehabilitation and return to work with the aim to provide information about prevention, policies and practices;
Amendment 108 #
2017/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that implementing measures for psychosocial risk prevention in a systematic way should be a crucial feature of modern workplaces; calls on the Member States to provide support to businesses in managing these risks; notes that legislation and recognition of mental health and psychosocial risks, such as stress, burnout and mobbing vary among Member States;
Amendment 113 #
2017/2277(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that work-related stress in particular, and psychosocial risks in general, are a growing problem for employees and employers across the EU; calls on Member States to take into account the rise of psychosocial risks and their consequences on the health of workers when developing new OSH policies, strategies and programmes;
Amendment 117 #
2017/2277(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. 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 must deal with complex legal situations regarding their health, social care and employment rights that is distinct from 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 campaign; calls upon the Commission and the 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 (92/85/EEC);
Amendment 133 #
2017/2277(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. 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 mental or physical illness has a double effect: benefiting the individual as well as supporting the economy;
Amendment 136 #
2017/2277(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that accessible and safe jobs 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 139 #
2017/2277(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission and the Member States to design appropriate policies to address the ageing of the workforce; believes that sustainable working lives and healthy ageing should be promoted at European, national and company level; emphasises the role of the social partners in this context; calls on the Member States to promote rehabilitation and reintegration measures for older workers, for instance by implementing the results of the EU pilot project on the health and safety of older workers;
Amendment 140 #
2017/2277(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that successful back-to- work strategies and policies can be an important way of lifting pressure off pension and social security systems and make them more sustainable for future generations;
Amendment 142 #
2017/2277(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that both the Member States and employers should take a positive and work- oriented approach to workers with disabilities, older workers and those who have suffered an illness, mental or physical illness, including those diagnosed with a terminal illness focusing on early evaluation of the individual’s remaining capabilitiescity and willingness 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 of return to work;
Amendment 157 #
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; calls on Member States as well as all professional communities, services and policy-makers involved, to exchange best practices on existing rehabilitation and return to work policies, strategies and programmes;
Amendment 170 #
2017/2277(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the success of the case-management approach of various programmes enabling workers to return to work and stresses the need for individualised support from social workers or designated counsellors tailored to the individual’s situation; believes that it is important for companies to keep in close contact with workers during their absence due to illness or injury;
Amendment 171 #
2017/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the key importance of communication and a multidisciplinary and cooperative approach between all stakeholders (workers, medical doctors, social services, employ and social partners) for the successful physical and occupational rehabilitation of workers; believes that the workplace should be the central point of focus of return-to-work systems; 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 187 #
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 employment of persons with disabilities and chronic illnesses, including those who have been diagnosed with a terminal illness including the breaking down of barriers in the workplace;
Amendment 189 #
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 employment of persons with disabilities and chronic illnesses, including the breaking down of barriers in the workplace; recalls that it is essential to inform companies and concerned persons about existing incentives and rights;
Amendment 190 #
2017/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes the increased number of workers affected by chronic illness in the workforce, including many of the tens of thousands of Europeans that are currently living with metastatic cancer; is of the opinion that jobs should be available for people affected by terminal illnesses such as metastatic cancer; is of the opinion that, for many, remaining in the workplace is a personal or economic imperative and is central to a patients quality of life and care; urges the Member States to support the reasonable adaptation of workplaces to the unique set of challenges facing this group of people by taking concrete steps to understand the scope of the problem and by raising awareness and identifying and sharing good practices on accommodations and adjustments in the general conditions for those who are terminally ill in the workplace;
Amendment 197 #
2017/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises in this regard that flexible working arrangements, such as telework, flexitime and reduced working hours, play an important role in returning to work; stresses the importance of encouraging early or gradual return to work (if medical conditions allow) through flexible working arrangements and reduced working time arrangements, which could be accompanied by partial sickness benefit;
Amendment 209 #
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 recover workers’ skills, competences and experience; takes the view that employers are full participants in the return-to-work process from the start and are part of the decision-making process; stresses that workers’ representatives should be equally involved;
Amendment 213 #
2017/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that raising awareness of occupational rehabilitation and return-to- work policies and improved company culture are critical success factors in the return-to-work process and fighting negative attitudes, particularly with regard to those people with mental health issues, a disability or a terminal illness;
Amendment 230 #
2017/2277(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes note that we need to address the general conditions of metastatic cancer patients in the workplace, but yet we do not understand the dimensions of the problem; regrets that the ENCR, which forms the basis for the recently- launched European Cancer Information System, does not include data on metastatic cancer; regrets the fact that the European Agency for Safety and Health at Work´s (EU OSHA)extensive project on the rehabilitation and return to work of cancer patients has not yet provided any specific analysis of the situation facing metastatic cancer patients in the workplace; calls on the Commission to tackle the lack of data on the employment status of people with metastatic cancer and to support the collection of better data, that is comparable across Member States, in order to improve policy design and service provision for this group of people;
Amendment 237 #
2017/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that national and EU-wide campaigns such as the Dying to Work campaign around combatting discrimination facing terminally ill workers also play an important role in shifting popular opinion;
Amendment 43 #
2017/2114(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the call for the three new headline employment indicators to be placed on an equal footing with existing economic indicators, thereby guaranteeing that internal imbalances are better assessed and making structural reforms more effective;
Amendment 48 #
2017/2114(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Proposes introducing a non- punitive social imbalances procedure in the design of the CSRs so as to prevent a race to the bottom in terms of social standards, building on effective use of the social and employment indicators in macroeconomic surveillance;
Amendment 27 #
2017/2085(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Stresses that Member States should conduct efficient and regular checks on road traffic, as the main causes of accidents, at present as in the past, are inappropriate and excessive speed, distraction and driving under the influence of alcohol or drugs, and therefore calls on:
Amendment 47 #
2017/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to improve their road infrastructure significantly by means of regular maintenance, appropriate upgrades and innovative measures;
Amendment 56 #
2017/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that, in 43% of cases, fatal road accidents in urban areas occur to pedestrians and cyclists, and calls on Member States to take greater account of the more vulnerable road users in building and maintaining roads, for example by building more cycle paths, or expanding themby addressing critical accident hotspots and by building and maintaining more cycle infrastructure, or expanding and modernizing existing infrastructure;
Amendment 69 #
2017/2085(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that relatively fast e-bikes and also other electric unicyclmobility devices are becoming increasingly popular, and calls on the Commission therefore to examine the safety requirements for them without delay and to make proposals relating to safety, taking due account of subsidiarity;
Amendment 71 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that odometer fraud remains an untackled problem, especially in the second hand cars' market as established by the European Commission in its study on the functioning of the market for second hand cars from a consumer perspective.Urges the Commission and the Member States to address the issue of the manipulation or tampering of odometers through effective measures and legislation;
Amendment 79 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Observes that 46% of road fatalities are vulnerable road users. Fatalities among this group are decreasing much slower than other road users.1a Calls on the Commission to mandate new active and passive vehicle safety technologies; _________________ 1ahttp://etsc.eu/intelligent-speed- assistance-new-film-calls-for- safetyasstandard/
Amendment 81 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Observes that 15% of road fatalities involve HGVs while they account for only 5% of the vehicles on the road.Vulnerable Road Users (VRU) are involved in more than one third of the fatal accidents.Numbers show that accidents between HGVs and vulnerable road users are increasing compared to other categories.Calls on the Commission to accelerate the introduction of ambitious direct vision standards, intelligent speed assistance, AEBS and other cost-effective measures for HGVs without delay;2a _________________ 2ahttp://www.cadenadesuministro.es/wp- content/uploads/2017/05/Informe-de- seguridad-de-Volvo.pdf
Amendment 95 #
2017/2085(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and Member States to improve the safety level of existing vehicles in use, by incentivizing and promoting retrofitting of vehicles with cost effective road safety systems with features including forward collision warning (FCW), lane departure warning (LDW), pedestrian collision warning, driver's blind spot detection, driver doziness detection and other appropriate systems;
Amendment 124 #
2017/2085(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Points out the importance of extensive, professional and on-road driver training to achieve further road fatality and serious injury reduction;
Amendment 125 #
2017/2085(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Considers that the acquiring of a drivers licence needs to be coupled to having received professional and on-road practical training in order to ensure a necessary level of driver competence;
Amendment 129 #
2017/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and market operators to arrange for open standards and interfaces so that no systems peculiar to a single manufacturwhich will further limitprove interoperability and so that independent tests are possible thanks to access to the relevant vehicle and system data, including their updates to themwhile respecting proprietary data and intellectual property;
Amendment 148 #
2017/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that, in order to improve road safety, the deceleration of vehicles should be rendered easier for other road users to perceive by means of clear signal lights on vehicles, and expects the compulsory use of an emergency braking indicator in the form of a winkflashing brake light or flashing hazard lights;
Amendment 152 #
2017/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the compulsory installation of overridable intervening intelligent speed assistants to indicate speed limice systems, indicating also stop signs and traffic lights, and calls on Member States to ensure that road signs are kept in excellentbest possible condition, and that road markings are clearly legible;
Amendment 163 #
2017/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, due to its relevance to road safety, a overridable lane departure warning system that not only warns but also activppropriately intervenes, albeit without preventing drivers from acting directly, should be made compulsory;
Amendment 169 #
2017/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that increasing the immediate field ofCalls on the Commission to work on a Direct Vision standard that provides manufactures with clear mandatory specifications for the direct vision in heavy goods vehicles, buses and coaches, and reducing the blind spot can help significantly to improve the road safety of such vehicles, and calls on the Commission to make it compulsory to install cameras and turning assistant systems, while observing that such measures should accord with Directive (EU) 2015/719 and which should not result in any extension of the time limits for implementation laid down there;
Amendment 181 #
2017/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that devices to operate alcohol-sensitive immobilisers and systems to recognise the state of the driver should be provided, and recommendurges the use of alcohol interlocks for professional drivers and drivers who have been convicted of drunk driving, as a rehabilitation measure;
Amendment 188 #
2017/2085(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Observes that tyre pressure has significant implications for road safety and, fuel consumption, ands well as emissions, calls therefore on the Commission to make it compulsory to install tyre pressure monitoring systems, which should come with a safety net that should be able to recognise and alert drivers at least to a critical air pressure of less than 1.5 bar; calls on the Commission to transpose the Tyre Pressure Measurement Systems (TPMS) amendments aimed at delivering in real world conditions agreed at UNECE in 2016 into EU law, for all vehicles; urges the Commission to ensure the TPMS requirements apply to all aftermarket tyres, including winter tyres; calls on the Commission to make direct TPMS mandatory for vans, buses and heavy good vehicles;
Amendment 198 #
2017/2085(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers it necessary to make it compulsory to install intelligent seatbelt reminder systems for back seats tooall front seats for all vehicles and for rear seats for M 1 and N 1 vehicles;
Amendment 200 #
2017/2085(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Considers it important to make compulsory to install automated seatbelt adjustment systems in order to avoid neck damage;
Amendment 204 #
2017/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission, from 2019, to extend the eCall installation requirement to motorcycle helmets, heavy goods vehicles and buses and coaches;
Amendment 214 #
2017/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls for data to be collected throughout the EU on vehicle occupants killed or injured due to causes other than collisions;notes that there are no data available on vehicle heat-stroke casualties;
Amendment 218 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission to update the testing requirements for motor vehicle passive safety systems to include Vulnerable Road User front and rear impact;
Amendment 222 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Observes that redesigned front and rear underrun protection (FUP) of HGVs could reduce fatalities in head-on collisions between cars and HGVs with 20%, calls on the Commission to mandate improved energy absorbing FUPs for all new vehicles;
Amendment 226 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26 c. Emphasises that the Directive (EU) 2015/719 – Weights & Dimensions - is a unique opportunity to improve HGV safety, calls on the Commission to accelerate work on this Directive and come forward with their assessment before the end of 2017.
Amendment 8 #
2017/2067(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Declaration of the EU Member States made in Amsterdam on 16 April 2016 (Amsterdam Declaration);
Amendment 40 #
2017/2067(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the potential of digital technologies and related business models in road transport and recognises the Strategy as an important milestone towards the development of C-ITS and, ultimately, automated mobility; notes that cooperative, connected and automated vehicles can boost the competitiveness of European industry, make transport smoother and safer, as well as reduce congestion, energy consumption and emissions from transport;
Amendment 48 #
2017/2067(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the objectives of the ITS Directive 2010/40/EU: seamless, interoperable and backward compatible ITS across the EU and the role it plays for specifications and C-ITS standardization;
Amendment 58 #
2017/2067(INI)
5. Recalls that C-ITS are systems allowing different ITS stations (vehicles, roadside equipment, traffic control centres and nomadic devices) to communicate and share information using a standardised interoperable communication architecture;
Amendment 73 #
2017/2067(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the absence of a clear time scheduling for Day 1.5 services and beyond,table for the introduction of C-ITS services as well as the absence of a full impact assessment and precise information on the deployment initiatives in developing C-ITS services and potential service extensions; calls therefore on the Commission to present a detailed timetable with a clear set of targets for what the EU needs to achieve between 2019 and 2029 in the context of the gradual EU-wide deployment of C-ITS, including estimates of when different C- ITS services will need to be deployed, starting in 2019;
Amendment 78 #
2017/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges all Member States to join the C-Roads Platform, as it is intended to play a significant role in implementing the Strategy, provided that it observes technology neutrality which is needed to encourage innovations; invites car manufacturers to initiate C-ITS deployment to implement the Strategy;
Amendment 99 #
2017/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to the importance of privacy and data protection of C-ITS data, which should be used for C-ITS purposes only and not be retained or used for other ends; stresses that smart cars shoin fuldl comply fullyiance with the General Data Protection Regulation (GDPR), and C-ITS service providers must offer clear terms and conditions to drivers, enabling them to give their freely informed consent to any processing of their personal data;
Amendment 123 #
2017/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that technology neutrality and the hybrid communication approach, combining complementary communication technologies is the correct approach and that the most promising hybrid communication mix appears to be a combination of the European Telecommunications Standards Institute’s ETSI ITS-G5 and existing cellular networks (C-V2X), which will ensure the best possible support for deployment of the basic C-ITS services;
Amendment 163 #
2017/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the Commission rapidly establish an adequate legal framework to achieve EU-wide interoperability on time; calls on the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018; recommends that this proposal should guarantee a level playing field for non- monetised access toallow the entire automotive value chain and end users to benefit from the opportunities of digitalisation, guaranteeing a fair, timely, secure and unrestricted access, and storage of in- vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources;
Amendment 8 #
2017/2064(INL)
Motion for a resolution
Recital A
Recital A
A. whereas odometer tampering, i.e. the malpractice of deliberate and unauthorised altering of the real mileage of a vehicle shown on its odometer, is a serious and widespread problem throughout the whole European Union especially in cross-border trade and harms third countries, which import second- hand cars from the European Union;
Amendment 14 #
2017/2064(INL)
E. whereas buyersthe increased wear and tear ofn cars with manipulated odometers can experience increased maintenance and repair costs due to unexpected wear and tear which also negatively affects road safetynegatively affects road safety, and buyers of such cars can face increased maintenance and repair costs if cars are not inspected according toon the basis of their real mileage;
Amendment 19 #
2017/2064(INL)
Motion for a resolution
Recital H
Recital H
H. whereas mileage fraud disproportionally affects social groups and geographical areas with lower income, exposing customers in EU-13 countriethese consumers to a higher risk of buying a car with manipulated odometer and thus they are more often harmed by this malpractice;
Amendment 33 #
2017/2064(INL)
Motion for a resolution
Recital O
Recital O
O. whereas Directive 2014/45/EU recognises odometer fraud represents as threat to roadworthiness, ands is also noted in Directive 2014/45/EU, which calls on Member States to impose effective, proportionate and dissuasive penalties on such manipulations; further obliges the Commission to establish an electronic platform that allows the cross-border exchange of information on roadworthiness which include odometer readings;
Amendment 40 #
2017/2064(INL)
Motion for a resolution
Recital T
Recital T
T. whereas most cars entering the market are already capable of connectivity features thus creating an almost completelyprogressively moving towards a connected car fleet on Europe’s roads;
Amendment 42 #
2017/2064(INL)
Motion for a resolution
Recital W
Recital W
W. whereas blockchain technology could be key to trusted odometer data storage, offering a hacker proof solution and enabling protection of personal data while it is suitable for both automated transfer of data in connected vehicles and manual entries at PTIone solution for future odometer data storage;
Amendment 45 #
2017/2064(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to pursue the overall goal ofestablish a legal framework by 2019 that requires Member States to creatinge legal, technical and operational barriers to make manipulations either impossible or so time consuming, difficult and expensive that it is no longer lucrativeit impossible to tamper with odometers;
Amendment 52 #
2017/2064(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that national solutions using databases of frequent odometer readings from PTI, garage visits and other vehicle inspections achieved great success in fighting odometer manipulation in the respective Member States, and therefore proposes that those Member States that, to date, have failed to act accordingly should establish appropriate solutions as quickly as possible;
Amendment 55 #
2017/2064(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises in this regard that national registers are not sufficient and thatall Member States should have national registers and engage in cross- border data exchange is a crucial precondition for tackling mileage fraudof data from those registers, since that is the only way in which mileage fraud can be tackled efficiently in the European Union;
Amendment 57 #
2017/2064(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that a buyer of a second-hand vehicle should be able to verify the accuracy of its odometer reading, based on the collected mileage data from that vehicle since its first registration, which makes the access to cross-border data of odometer readings an indispensable tool to provide consumer protection;
Amendment 69 #
2017/2064(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers a shorter period for the first mandatory PTI more useful and suggests to includealls for the inclusion - as from when a vehicle is first registered - of odometer readings not only from PTIs, but alsofrom each inspections and, service, maintenance operation and repair carried out, and from other garage visits;
Amendment 71 #
2017/2064(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that, in future, shifting to a blockchain based solution is preferable, since that could be more cost- effective while providing high quality and security; therefore calls on the Commission to explore, but that, until then, short-term solutions such as recording mileages during each garage visit and service would already make it considerably more difficult to tamper with odometers; therefore calls on Member States to establish registers accordingly and insists that the Commission explore without delay, producing an appropriate cost- benefit analysis, the possible establishment of a European odometer blockchain network;
Amendment 80 #
2017/2064(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that all measures involving transmission and storage of data should follow the European data protection acquis and the highest level of cyber protection;
Amendment 82 #
2017/2064(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Member States to improveamend their legislation on odometer fraud in order to make it a criminal offence, since tampering results in incorrect assessments of vehicle roadworthiness and thus has a negative impact on road safety;
Amendment 90 #
2017/2064(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Requests the Commission to submit by 2019, on the basis of Article 91(1) and Article 114 of the Treaty on the Functioning of the European Union, a proposal for an act on measures tackling odometer manipulation, following the recommendations set out in the Annex hereto;
Amendment 119 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 5
Annex I – paragraph 5
Amendment 122 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 7
Annex I – paragraph 7
The blockchain technology offers a reliable tool to secure data in a network and successfullyto help prevent manipulation of data entries. Combining those developments and technology could be explored as a long- term solution to odometer fraud.
Amendment 128 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 10 – introductory part
Annex I – paragraph 10 – introductory part
Until now, odometer fraud is not a criminal offence in all Member States, although Directive 2014/45/EU explicitly calls for that. Having effective legal measures enforced, including fines and penalties is crucial for eradicating odometer fraud. Therefore, following measures should be proposed:
Amendment 3 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the importance of the Connecting Europe Facility (CEF) funding instrument for the completion of the TEN- T network; stresses that the budgetary cuts to the CEF made in the past, due to the funding of the European Fund for Strategic Investments (EFSI) initiative, should be avoided in the future and for achieving a Single European Transport Area; calls on the Commission to come forward with the new initiatives and financial rules to apply to combinations of grants from CEF-Transport and European Fund for Strategic Investments (EFSI) financing; stresses that the budgetary cuts to the CEF made in the past, due to the funding of the EFSI initiative, should be avoided in the future; regrets that it had not yet been possible to achieve a full recovery of funds for the CEF; believes that CEF is a vital instrument with significant Union- added value to optimise the transport network across the Union, linking and/or modernising new and existing transport infrastructures and ensuring interoperability of transport services; stresses the need to further promote the high speed railway projects connecting Western and Eastern parts of Europe;
Amendment 10 #
2017/2044(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that necessary funds should be safeguarded in order to achieve the primary scope of CEF-Transport, targeting the core network;stresses the need for an improved coordination between Member States in order to ensure consistency of the cross-border projects as part of the core rail, air and road infrastructure;reiterates the importance of completing missing links at dismantled regional cross-border rail connections and of upgrading and maintaining existing transport infrastructure;calls on the Commission to allocate any amounts not used by the end of 2018 to projects for cross-border connections between or to developing regions;
Amendment 14 #
2017/2044(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Asks the Commission to submit a report on the implementation and take-up level of structural and cohesion funds in infrastructure projects, specifying which ones contribute to the development of the core network, the corridors and the comprehensive network;
Amendment 15 #
2017/2044(BUD)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Underlines the importance of securing funding for optimising the multimodal connections and for shifting to digital transport services and to sustainable transport modes, including inland waterways;
Amendment 16 #
2017/2044(BUD)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Reiterates the importance of enhancing a low carbon transport economy through the development of rail freight corridors, representing an essential element for shifting freight from road to rail and for improving the rail sustainability;considers that the European Rail Transport Management System (ERTMS) should be deployed in order to maximise the benefits for interoperability in the Single European Rail Area;
Amendment 17 #
2017/2044(BUD)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Emphasises the importance of investing in regional airports as a catalyst for business efficiency and productivity and regional economic development;
Amendment 24 #
2017/2044(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the critical role of the European Global Navigation Satellite Systems (GNSS) – Galileo and EGNOS – for the transport system, particularly for safety, including in the aviation, road, railway and maritime transport sectors as well as for the development and exploitation of multi-modal transport systems; reiterates the importance of sufficient financial support of downstream and upstream applications within the budgets for European GNSS programmes and Horizon 2020; highlights the crucial tasks of European GNSS agency (GSA) as regards to Galileo and EGNOS; believes that it is necessary for GSA to be adequately staffed in order to safeguard smooth functioning and exploitation of the European GNSS programmes;
Amendment 26 #
2017/2044(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognises the contribution GSA is making to the Union's economic competitiveness, technological innovation, and security and expresses concern that insufficient resources have been allocated to the GSA in order for it to fulfil its mandate and to support the proper and efficient future management of Galileo, including the need to recruit and maintain highly specialised experts and to plan for future roles and responsibilities;
Amendment 31 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the decrease of 7,6 % in resources for the European GNSS - Galileo and EGNOS; urges restoring the budgetary lines dedicated to the European space programmes to the primary level and continuing to adequately financing of space programmes, whose costs should not be underestimated; calls on the Commission to safeguard the financing for the Galileo and EGNOS infrastructuredeveloping and providing global satellite-based radio navigation infrastructure and services for Galileo and EGNOS;
Amendment 32 #
2017/2044(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that necessary funding should be safeguarded for EGNOS in order to enable the extension of EGNOS coverage to South-Eastern and Eastern Europe as a priority and further to Africa and Middle East, and for the purpose of acquiring the necessary EGNOS Ranging Integrity Monitoring Stations (RIMS) and their interconnection to the system;
Amendment 33 #
2017/2044(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Reiterates the importance of allocating sufficient funding for 2018 for Galileo and EGNOS in order to secure swiftly uninterrupted GNSS services for smart roads and connected vehicles, smart fleet and cargo and traffic management such us Air Traffic Management (ATM), The European Rail Traffic Management System (ERTMS), eCall;
Amendment 38 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of Horizon 2020 to foster and support projects related to innovation in smart transport management and autonomous driving; welcomes the increase in commitments and payments appropriations through the Horizon 2020reiterates the importance of securing appropriate funding for Joint Undertakings, among others SESAR and SHIFT2RAIL;
Amendment 41 #
2017/2044(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets the decrease of financing in Horizon 2020 related to research and innovation for transport and considers that achieving a safe and seamless intelligent integrated transport represents a significant Union-added value for enhancing the European transport system;
Amendment 42 #
2017/2044(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses the need for accurate funding for the implementation of the components of SESAR in order to ensure the deployment of Air Traffic Management (ATM) functionalities that are considered essential for the improvement of the Union's ATM system performance;
Amendment 43 #
2017/2044(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Considers that SHIFT2RAIL Joint Undertaking should prioritise interoperability projects and maximise the benefits for interoperability in the Single European Rail Area;
Amendment 52 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considers that InterRail could have a significant added-value enabling the younger generation to explore freedom of movement, offering the chance to travel in an environmentally- friendly way to those who are travelling the least and also contributing to the improvement of social conditions;asks the Commission to come up with a thorough assessment of the financial impact and the administrative modalities of the programme;reiterates its previous call on the Commission to put forward relevant proposals in this regard;
Amendment 54 #
2017/2044(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses the importance of shifting towards sustainable tourism, which entails better coordination between tourism and infrastructure projects;
Amendment 63 #
2017/2044(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Asks the Commission to present the state-of-play of the pilot project on cleaner space through deorbiting and innovative materials for space equipment, in order to enhance the effectiveness of the future Joint Technology Initiative applied to the space sector;
Amendment 5 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas women's economic empowerment and equal opportunities in the labour market are crucial for women individually but also instrumental for EU's economic growth with positive impact on GDP, inclusiveness and competitiveness of businesses as well as challenges related to the ageing population in the EU
Amendment 12 #
2017/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas gender equality policies have a strong impact on GDP and by 2050, improving gender equality would lead to an increase in EU GDP per capita by 6.1 to 9.6%, which amounts to €1.95 to €3.15 trillion (EIGE's estimates)
Amendment 27 #
2017/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that equal opportunities for economic independence and the guaranteeimplementation of the principle of equal pay for male and female workers for equal work andor work of equal value applied by the Member States as defined in the article 157 of TFEU are necessary steps for women’'s economic empowerment;
Amendment 34 #
2017/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to promote the well-being of women, by tackling the pay and pension gaps and combating atypical and insecure forms of work and employment, such as temporary contracts or involuntary part-time workand equal opportunities for women, by tackling the pay gap, addressing and eliminating breaches of anti-discrimination legislation in employment, combating insecure forms of work and employment, such as involuntary part-time work or the use of contracts which do not correspond to the nature of the work performed in accordance with the national law;
Amendment 66 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. points out that digitalisation has a profound impact on the labour market by changing value chains, conditions and nature of work as well as creating new job opportunities and more flexible working patterns; notes that opportunities for flexible and teleworking arrangements brought about by digitalisation may serve as a an effective tool for further inclusion of women into the labour market as well as better reconciliation of professional and domestic duties for both women and men;
Amendment 72 #
2017/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. highlights that improving digital skills and IT-literacy among women and boosting inclusion into the ICT, which is one of the highest paying sectors, could contribute to their economic empowerment and independence resulting in the reduction of the total gender wage gap;
Amendment 74 #
2017/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points out that the demand for digital technology professionals in the EU has grown by 4% annually in the last ten years and the number of unfilled vacancies for ICT professionals is expected to double by 2020; calls therefore on the Member States and the Commission to advance their efforts to promote digital skills and e-literacy among women and girls, who remain underrepresented in this sector, from the earliest stages at school and going through the whole educational cycle as well as in the framework of life-long learning;
Amendment 77 #
2017/2008(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Encourages Member States to introduce age appropriate ICT education at early stages with a particular focus on inspiring and supporting girls to pursue their interest and talents in the digital field and safeguarding them from constraining and negative stereotyping which discourage girls from advancing their e-skills;
Amendment 79 #
2017/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls Recognises that domestic work and provision of household services, which are largely feminised, are often perfor measures to guarantee the economic and social dignity of feminised work, such as domestic workd as undeclared work; calls on the Member States to promote and further develop the formal sector of domestic services through facilitation and incentives to employ domestic workers with the aim of reducing the undeclared work and improving reconciliation of private and professional life for the working families;
Amendment 88 #
2017/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on policy makers, also through the European Platform Tackling Undeclared Work, to recognise household services, family employment and home- care as a valuable economic sector which needs to be better regulated within the Member States with a view to create both secure position for domestic workers and provide families with a capacity to assume their role as employers;
Amendment 99 #
2017/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to enforce laws and workplace policies that prohibitsure proper application of the existing equal treatment legislation in order to eliminate gender-based discrimination in the recruitment, retention and promotion of women in employment in both the public and private sectors and at work in both the public and private sectors and to offer women a level-playing field in terms of pay and career advancement;
Amendment 126 #
2017/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to strengthen and enforce the full exercise of the right of collective bargaining in the private and public sectorssocial partners to use collective bargaining to advance equal opportunities for women and men, to ensure that the existing equal treatment legislation is applied in practice as well as to address and combat the gender pay gap;
Amendment 129 #
2017/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to implement and enforce public social care policies as well as to provide quality childcare fafurther develop care facilities for the dependent, including children and elderly, with the view of enhancing reconciliaties and promote the equal sharing of unpaid domestic work and co- responsibility in care.on of private and professional life for the working families and increasing women's participation in the labour market as a precondition for women's economic empowerment;
Amendment 137 #
2017/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Member States based on the provisions of the Public Procurement Directive (2014/24/EU) to promote the use of social clauses in public procurement as a tool for enhancing equality between women and men where relevant national legislations exists and can act as a ground for social clauses;
Amendment 1 #
2017/2003(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the collaborative economy offers many opportunities for growth and jobs, especially for people who are distant from the labour market, such as young people, students, women and seniors, and provides innovative new services for citizens and consumers;
Amendment 3 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy, its important contribution to growth and jobs by providing new opportunities for citizens and innovative entrepreneurs, and its impact on economic and employment policies;
Amendment 5 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas with the Communication on a European agenda for the collaborative economy, the EU provides welcomed guidelines on applicable EU rules and recommendations to help citizens, businesses and EU countries to fully benefit from these new business models and promote a balanced and fair development of the collaborative economy;
Amendment 16 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission communication on collaborative economy is a starting point of the EU contribution to a balanced and fair development of the collaborative economy, given the rapid evolution of this economy and its related regulatory loopholes and uncertainties that still must be clarified;
Amendment 20 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission and the Member States need to address more deeply the social dimension of the collaborative economy by providing in depth analysis and data on new forms of employment, by monitoring the evolving regulatory environment and by encouraging the exchange of good practices among EU countries, in order to overcome the social challenges related to this new economy;
Amendment 29 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’ platforms and to recognise activities in the platform economy that are properly categorised as ‘work’platforms with a lucrative business model and those based on the sharing of costs, resources or skills, in order to ensure a level playing field for EU businesses and citizens; in parallel, calls for a clear distinction between non-professional peer-to-peer activity and service providers acting in their professional capacity by further developing sector specific criteria and thresholds, in collaboration with relevant stakeholders; amongst service providers, underlines the need to distinguish employees and self-employed, in order to apply them rights and duties accordingly;
Amendment 48 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that, for the purpose of applying EU law, the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workthe existence of a subordination link, the presence of a remuneration and the nature of work, even so EU Member States are responsible for deciding who is to be considered a worker in their national legal order; calls also to clarify self- employment in order to prevent bogus self-employment and to ensure the rights of self-employed workers;
Amendment 59 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directiveon the Commission and the Member States, in cooperation with social partners, to assess the impact of the collaborative economy on forms of employment and working conditions, to check if the current legislations are able to cover platform workers and, if necessary, to consider accordingly the need to update the current social acquis, to better enforce legal frameworks on working conditions into the platform economy, in order to guarantee the legal situation of platform workers and, to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy and to ensure a level playing field for businesses; Underlines that digital technologies are evolving so fast that policy making should not be based on a catch-up approach but rather on a logic of anticipation;
Amendment 70 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the multiplication of national and local regulatory initiatives affecting the collaborative economy; Stresses the importance of rapid clarification at European level of the applicable rules in order to limit the fragmentation of the internal market;
Amendment 91 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on joband evidence on jobs, skills and working conditions in the platform economy and, if necessary, for the adjustment of related policies to create a level playing field between the platforms and traditional economiebusinesses, especially SMEs, in particular in the field of consumer protection, taxation and working conditions;
Amendment 99 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for Member States to adapt their education and training policies to the new skills requested in the collaborative economy; Encourages Member States to include digital trainings in their school programs, from primary school; underlines the need to develop lifelong learning programs to be able to acquire new skills related to technological developments all along the professional career;
Amendment 104 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that the collaborative economy fosters entrepreneurship; Stresses the need to adapt training mechanisms to this new kind of businesses;
Amendment 107 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the national public employment services and the EURES Network to communicate better on the opportunities offered by the collaborative economy;
Amendment 125 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission and the Member States to reflect on the appropriate means to ensure that digital platforms inform providers on the regulatory framework that has to be complied with, when offering services, as individuals using platforms are sometimes not even aware of the requirements they should fulfil; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements; Calls on Member States to operate specific controls in order to check if operators stick to the rules, especially in terms of taxation, consumer protection, working conditions and skills requirements;
Amendment 132 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that the economic model of collaborative economy is based on users' trust, particularly in online comments; calls in this context on the European Commission to propose tools for certification of online consumer opinions in order to allow users to have reliable and fair information on the quality of the services offered on collaborative platforms;
Amendment 141 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represnectivity can help for a better work life balance by facilitating working time arrangements; a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’.cknowledges however the need to assess the effects of collaborative economy on health and safety at work and to adapt accordingly the existing health and safety framework;
Amendment 150 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the collaborative economy has flourished mainly so far in urban areas; Stresses therefore the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy, especially in terms of employment; Calls for Member States to strengthen financial and human resources to enable people from rural areas to acquire basic digital skills;
Amendment 79 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 75 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions isare to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured, in accordance with legislation and collective agreements.
Amendment 80 #
2017/0355(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Principle 7 provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 107 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice ofFor the Epuropean Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform iposes of this Directive, the terms ‘worker’, ‘employer’ and ‘empleoymentation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil relationship’ should follow those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15ase law of the European Court of Justice (ECJ).
Amendment 118 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its case law, the Court of Justice has set criteria for determining the status of a worker1a so that a uniform implementation of the personal scope of this Directive should be ensured, while leaving it to national authorities and national courts to apply it to specific situations. The Court of Justice has defined a worker as a natural person who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. Domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices who meet those criteria fall within the personal scope of this Directive. Moreover, the Court of Justice has held that the performance of services is to be understood as the performance of work, and that an employment relationship is to be understood as one including a degree of dependency or subordination. The Court of Justice's case-law in this regard should be taken into account in the transposition of this Directive. __________________ Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 123 #
2017/0355(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Self-employed persons should not fall within the scope of this Directive as they do not meet the criteria set by the Court of Justice for determining the status of a worker.
Amendment 135 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation doesshould not affect the definition of a worker as provided for in Article 2(1)ccording to the case law of the Court of Justice.
Amendment 148 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 164 #
2017/0355(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind or other benefits, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 179 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) IEmployers should provide information onabout social security systems should includefunds and proof of registration with the social security authorities and, where relevant, information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 184 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writinga legally binding document, in paper or electronically, at the start of employment. The relevantbasic and essential information should therefore reach them at the latest on the first dayreach them in written form, as stated above, on the first working day. Any further information should be provided no later than 15 days after the start of the employment relationship.
Amendment 196 #
2017/0355(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Basic and essential information should include the rights conferring legal certainty on the parties to an employment relationship as to the nature, location, time and duration, modalities, scope, performance and remuneration of their employment relationship and the conditions and periods of notice relating to the termination of the relationship and probationary periods.
Amendment 211 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may, exceptionally, be longer than six months, where this is justified by the nature of the employment such as for managerial positions and whor in the context of specific measures promoting permanent employment. However, they should under no circumstances last longere this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workersan 12 months. It should be possible to interrupt or suspend probationary periods if the employee has been absent due to a long illness or extended leave so as to enable the employee to demonstrate that his or her abilities correspond to the tasks required and to enable the employer to determine the suitability of the worker for such tasks. Under no circumstances should it be possible unilaterally to extend a probationary period.
Amendment 222 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States or social partners should jointly be able to lay down conditions for incompatibility clauses,restrictions understood as a restriction on working for specific categories of employers, may be necessary for objectiv for legitimate reasons, such as health and safety, the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 230 #
2017/0355(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimum predictability of workith on-demand contracts or similar forms of employment whose work is unpredictable because their work schedule is mostly variable should, where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests or third parties, benefit from a minimum level of stability and predictability with regard to their work.
Amendment 244 #
2017/0355(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has notwhere the worker has been notified withinoutside the minimum advance notice period without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish. It should be possible to indicate the reference hours and days, the time slots on specified days when work can take place at the employer's request, and to change the minimum notice period on an ad hoc basis as agreed between the employee and the employer. If the worker, once he or she has accepted the work assignment, is unable to complete the work because the employer delays assigning tasks to the worker, and the worker is not responsible for that delay, the worker should retain his or her right to remuneration for the work assignment.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 259 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration, unless the worker gives notice of termination shortly before the training takes place. In this case, a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 279 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41evaluation (REFIT)41 conducted under the Commission´s Regulatory Fitness and Performance Programme confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 295 #
2017/0355(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should provide for effective, proportionate and dissuasive penalties, for example in the form of fines or compensation, for breaches of the obligations under this Directive.
Amendment 302 #
2017/0355(COD)
Proposal for a directive
Recital 36
Recital 36
(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. Member States should ensure that steps are taken to prevent the introduction of zero-hour contracts or similar types of employment contract.
Amendment 305 #
2017/0355(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro-enterprises and small and medium- sized undertakings whose importance is to be gauged from the Commission Recommendation of 6 May 20031a or any later act replacing that Recommendation. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments. __________________ 1a OJ L 124, 20.05.2003, p. 36.
Amendment 307 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States may entrust social partners withshould ensure that the implementation of this Directive is entrusted to social partners, where social partners jointly so request to do so and as long as the Member Sta. The Member States should take all the necessary steps t- and make all the necessary stepsresources available to the social partners - to ensure that they can at all times guarantee the results sought under this Directive. If the implementation of this Directive cannot be entrusted to the social partners, Member States should ensure that the social partners are involved in the entire process of transposing this Directive.
Amendment 312 #
2017/0355(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Member States should ensure that national inspection bodies enforce this Directive.
Amendment 357 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 423 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 435 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employerentitlement to training that the employer is required to provide under Union or national legislation or under relevant collective agreements;
Amendment 445 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure and formal requirements, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice and the deadline for bringing an action contesting dismissal;
Amendment 449 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the periods of notice cannot be indicated when the information is given, the method for determining such periods of notice;
Amendment 457 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, such as payments in kind or other benefits, and the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 461 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable or predictable, the length of the worker's standard working day or week and, any arrangements for overtime and its remuneration, and reasonable advance notice of such work;
Amendment 468 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable or unpredictable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 484 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and information about the works council or any other representatives of workers in that business;
Amendment 492 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
(n) the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer, and proof of registration with the social security institution(s) concerned.
Amendment 514 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually(a) to (f) and (i) to (k) shall be given to the worker in the form of a document handed over in person at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 527 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
1a. The information referred to in Article 3(2)(g), (h) and (l) to (n) shall be given to the worker in the form of a document handed over in person at the latest 15 days after the start of the employment relationship.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 545 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop, in cooperation with social partners, templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 559 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be providedersonally communicated, in accordance with Article 4(1a), in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.
Amendment 563 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Changes that merely reflect a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements may be notified by means of a reference to the updated status of those laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 584 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition at least be notified of:
Amendment 623 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2 – point 1 a (new)
Article 7 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such extensions if they jointly request this.
Amendment 638 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that workers who are employed in more than one job are subject to the overall minimum safety and health requirements for the organisation of working time as provided for in Directive 2003/88/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 642 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions for the use of incompatibility where such restrictions are justified byrestrictions, namely restrictions on working for specific categories of employers for legitimate reasons, such as health and safety, the protection of business secrets, or the avoidance of conflicts of interests.
Amendment 648 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)
Article 8 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such incompatibility restrictions if they jointly request this.
Amendment 649 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)
Article 8 – paragraph 2 – point 2 a (new)
(2a) The worker is obliged to inform the employer of the nature and scope of other forms of employment.
Amendment 688 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where one or both of the requirements laid down in the first subparagraph is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.
Amendment 698 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Zero-hour contracts and similar types of employment contracts are prohibited.
Amendment 705 #
2017/0355(COD)
Proposal for a directive
Article 10
Article 10
Amendment 735 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that, where an employers are is required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the workeror which the employer’s general training policy requires for the job in question, such training is available to the worker free of charge.
Amendment 763 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall leave it to the social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, and, subject to the minimum requirements laid down in this Directive, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. adapt, complement and improve provisions laid down in Chapter III.
Amendment 781 #
2017/0355(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 791 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:
Amendment 798 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; orand
Amendment 805 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate response within a reasonable time frame. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.
Amendment 841 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed upon completion of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 856 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation, that may take the form of fines or compensation payments, for instance, are applied. Penalties shall be effective, proportionate and dissuasive.
Amendment 862 #
2017/0355(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 872 #
2017/0355(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 878 #
2017/0355(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Transitional provisions and preservation of existing arrangements
Amendment 883 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 886 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Employment contracts concluded before [entry into force date] shall be exempt.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 128 #
2017/0291(COD)
(a) a vehicle of category M1 or M2 with a maximum tail-pipe emission expressed in CO2g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex , or;powered by alternative fuels listed in point (1) of Article 2 of Directive 2014/94/EU, or; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 141 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/33/EC
Article 4 – point 4 – point b
Article 4 – point 4 – point b
(b) a vehicle of category N1 with a maximum tail-pipe emission expressed in CO2g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;powered by alternative fuels listed in point (1) of Article 2 of Directive 2014/94/EU, or; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 148 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/33/EC
Article 4 – point 4 – point c
Article 4 – point 4 – point c
(c) a vehicle of category M3, N2 or N3 as defined in Table 3 in the Annex .powered by alternative fuels listed in point (1) of Article 2of Directive 2014/94/EU. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 163 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/33/EC
Article 4 a
Article 4 a
Amendment 211 #
2017/0291(COD)
Proposal for a directive
Annex I – subheading 2
Annex I – subheading 2
Directive 2009/33/EC
Annex 1 – table 2
Annex 1 – table 2
Amendment 215 #
2017/0291(COD)
Proposal for a directive
Annex I – subheading 3
Annex I – subheading 3
Directive 2009/33/EC
Annex 1 – table 3
Annex 1 – table 3
Amendment 112 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 –paragraph 2 – point a
Article 1 –paragraph 2 – point a
(a) in a trailer or semi-trailer, with or without a tractor unit, swap body or container, identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044 where applicable, where the load unit is transhipped between the different modes of transport; or
Amendment 114 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) by a road vehicle, including non- cranable trailers and semi-trailers, that is carried by rail, inland waterways or maritime transport for the non-road leg of the journey.
Amendment 56 #
2017/0237(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. _________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 69 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights.
Amendment 81 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 97 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowingproviding adequate capacity for the carriage of bicycles on board trains.
Amendment 124 #
2017/0237(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should, in particular, be taken into account in such an event.
Amendment 142 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 146 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 149 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 154 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 163 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 198 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings; Several tickets always represent a single contract of carriage if they are part of an actual travel chain.
Amendment 213 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 214 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
(19a) "extraordinary circumstances" means circumstances beyond the control of the railway undertaking in the normal exercise of its activity and outside the obligations imposed by the relevant safety and security rules to be observed.
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 225 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggagAll new passenger rolling stock shall include a designated space for rail operations. Tthe carriage of bicycles may be refused or restricted for safety or operational reasons, provided that r. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers should inform passengers of the conditions for such a refusal or restrictionbicycle carriage on all services in accordance with Regulation (EU) No 454/2011.
Amendment 233 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 241 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 250 #
2017/0237(COD)
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 267 #
2017/0237(COD)
3. The information referred to in paragraphs 1 and 2 shall be provided in real-time using the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 .
Amendment 287 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through- tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking.
Amendment 293 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least onetwo of the following points of sale:
Amendment 304 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 319 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or, no accessible ticketing machine or functioning accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityassengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 333 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing and should be clearly and visibly marked on the ticket. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 353 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For the purposes of point (b) of paragraph 1, comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and, when possible, alternative modes of transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available.
Amendment 363 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 60 to 1179 minutes,
Amendment 374 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 5100 % of the ticket price for a delay of 1280 minutes or more.
Amendment 393 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 421 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by severe weather condi, cancellations or major natural disasters endangering the safe operation of the servichange of schedule is caused by an extraordinary circumstance and could not have been foreseen or preventavoided even if all reasonable measures had been taken.
Amendment 425 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8a. Where no proof of the existence of extraordinary circumstances is provided by the railway undertaking in a written form, the compensation referred to in Article 17 (1) shall be paid by the railway undertaking.
Amendment 428 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 438 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 441 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 445 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 460 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 461 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rulerules for barrier-free and independent access for the transport of persons with disabilities and persons with reduced mobility. If independent mobility is not possible, it shall includinge their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog or an accompanying person, both free of charge, in accordance with any relevant national rules.
Amendment 481 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 498 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 519 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 483 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 535 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage.
Amendment 541 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the cost of replacement orbased on the actual value, or on the full costs of repair, of the wheelchair, equipment or devices lost or damaged, or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those are borne by the passenger.
Amendment 555 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employees receive an introduction to disability-related issues for passengers and the railway undertaking. Employees who will deal directly with the travelling public shall receive disability-related training and that personnel attend regular refresher training courses.
Amendment 572 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers. Passengers should be able to file complaints in the official language(s) of the country and at least in English.
Amendment 580 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 592 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar year. that they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 32 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandate requirements for access to the profession should become mandatory for operators using vehicles with a permissible laden mass between 2.4 tonnes and 3.5 tonnes involved in international transporyt.
Amendment 52 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandate requirements for access to the profession should become mandatory for operators using vehicles with a permissible laden mass between 2.4 tonnes and 3.5 tonnes involved in international transporyt.
Amendment 80 #
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 ofallowing a level playing field between all hauliers without any further liberaliszation achieved so far.
Amendment 89 #
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 withintended exclusively for the carriage of goods, involved in international transport and which have a permissible laden mass not exceedingbetween 2.4 and 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concernedducted with these vehicles 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 101 #
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 possible 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 employeedrivers 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. The rules on the national electronic register should therefore be amended accordingly.
Amendment 108 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i a (new)
Article 1 – paragraph 1 – point 1 – point a – point i a (new)
Regulation (EC) No 1071/2009
Article 1– paragraph 4 – point a
Article 1– paragraph 4 – point a
(ia) (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 2.4 tonnes; (aa) 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 that are engaged exclusively in national transport operations;
Amendment 111 #
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 ofallowing a level playing field between all hauliers without any further liberaliszation achieved so far.
Amendment 112 #
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 130 #
2017/0123(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same host Member State within two weeks after the end of a period of cabotage operations.
Amendment 140 #
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 2.4 tonnes; (aa) 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 that are engaged exclusively in national transport operations;
Amendment 160 #
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 206 #
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
The carriage of empty containers or pallets shall not be considered as an international carriage of goods for hire or reward whenever it is subject to a transport contractfor the purposes of Chapter III.;
Amendment 224 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of theis incoming international carriage., subject to a transport contract. This same vehicle shall not be allowed to carry out cabotage operations in the same host Member State within 7 days following the end of its cabotage operation;
Amendment 247 #
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 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5a) Article 9 is amended as follows: "Article 9 Rules applicable to cabotage operations 1. The performance of cabotage 1. operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following: (a) the conditions governing the transport contract; (b) the weights and dimensions of road vehicles; (c) the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals; (d) the driving time and rest periods; (e) the value added tax (VAT) on transport services.; (ea) the minimum rates of pay and paid annual leave, as stipulated in point (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council; The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier’s Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic. The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as those imposed on hauliers established in the host Member State, so as to prevent any discrimination on grounds of nationality or place of establishment. content/EN/TXT/?uri=uriserv:OJ.L_.2009.300.01.0072.01.ENG&toc=OJ:L:2009:300:TOC)" Or. en (http://eur-lex.europa.eu/legal-
Amendment 341 #
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 1a
Article 1 – paragraph 1 – subparagraph 1a
The carriage of empty containers or pallets shall not be considered as an international carriage of goods for hire or reward for the purposes of Chapter III whenever it is subject to a transport contract.;
Amendment 375 #
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 all of the goods carried in the course of an incoming international carriages from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State orf the in contiguous Member Statming international carriages. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.; Hauliers are not 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 14 days from the end of the 3- day period referred to in the first subparagraph.
Amendment 428 #
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 f (new)
Article 9 – paragraph 1 – point f (new)
(5b) In Article 9 the following point is added: (f) the minimum rates of pay and paid annual leave, as stipulated in point (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council
Amendment 1 #
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, proportionate, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 2 #
2017/0122(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
The creation of a European Labour Authority could play an important role in enforcing the rules laid down in this Regulation, in particular by helping national authorities to coordinate checks, exchange information and best practices and to train inspectors.
Amendment 3 #
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 existingimplementation of the 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 or another location chosen by the driver, 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 4 #
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 adaptIt is thus desirable to enforce the application of the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is alsoTo ensure secure and decent working conditions, it is necessary to provide thatfor operators to organise the work of drivers in such a way that these periods away from their home are not excessively long and, that drivers have the possibility to return home on a regular basis and are able to benefit from decent rest conditions in quality accommodation. Where a driver chooses to spend this rest period at home, the transport undertaking should provide the driver with the financial or practical means to return there. Moreover, the duration of the return journey should not be taken into account for the purposes of calculating the length of the rest period. Where drivers choose to spend the rest period in a place other than their home, this should not be taken into account for the purposes of calculating the driver’s entitlement to travel allowances.
Amendment 5 #
2017/0122(COD)
(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. In order to ensure good working conditions and the safety of drivers, it is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from homequality and gender friendly accommodation or another location as chosen by the driver and paid for by the employer for their regular weekly rest periods if they are taken away from home. Member States should ensure the availability of sufficient secure parking areas that are adapted to the needs of the drivers.
Amendment 6 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness ofand to simplify enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. The Commission should explore the possibility to set up a road transport portal, such as GNSS, that would allow national authorities to fully exploit the potential of the smart tachograph.
Amendment 7 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The rapid development of new technologies and digitalisation throughout the Union economy and 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 smart tachograph in registered vehicles. The smart tachograph will contribute to a better monitoring of the application of Union law in the road transport sector and to simplified checks, and will thus facilitate the work of national authorities. The installation of the smart tachograph in registered vehicles shall be foreseen as mandatory as soon as possible and no later than January 2021.
Amendment 8 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The use of light commercial vehicles for the transport of goods is on the increase, resulting in the development of unfair competition and differences in the application of Regulation (EC) 561/2006 leading to disparities in working conditions and compromising road safety. In order to improve road safety and drivers’ working conditions, the scope of Regulation (EC) No 561/2006 should include light commercial vehicles used for the transport of goods, unless the vehicle is used for the own account of the company or the driver, or if driving does not constitute the main activity of the person driving the vehicle.
Amendment 9 #
2017/0122(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to guarantee appropriate health and safety standards for drivers, the establishment or upgrading of secure parking areas, adequate sanitary facilities and quality accommodation is necessary. A sufficient network of parking areas should exist within the Union.
Amendment 10 #
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 3,5tonnes,-1) In Article 2(1), point (a) is replaced by the following: "(a) of goods; or”
Amendment 11 #
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 12 #
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 3 – point h a (new)
Article 3 – point h a (new)
(1a) in Article 3, the following point is inserted: “(ha) light commercial vehicles that are used for the transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, or where driving does not constitute the main activity of the person driving the vehicle.
Amendment 13 #
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 registered residence of the driver in a Member State.”
Amendment 14 #
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 15 #
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 sleeping and sanitary facilities;quality and gender friendly accommodation, outside the cabin, with adequate sanitary and sleeping facilities for the driver, (a) either provided or paid for by the employer, or (b) at home or at another location chosen by the driver.
Amendment 16 #
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;home or at another location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking in writing before such rest period if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the financial or practical means to return home. The duration of the driver’s return journey shall not be taken into account for the purposes of calculating the length of the rest period. Where a driver chooses to spend the rest period in a place other than home, the undertaking shall not deduct the travel costs from the driver’s entitlement to travel allowances. 8c. On …[the date of entry into force of this Regulation], and every two years, Member States shall submit a report to the Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory. The Commission shall adopt, implementing acts establishing a common format for Member States’ biennial reports, in accordance with the advisory procedure referred to in Article 24(2).
Amendment 17 #
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
Amendment 18 #
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 19 #
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
Article 34 – paragraph 7
Amendment 28 #
2017/0122(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The carriage of goods is significantly different from the carriage of passengers. Drivers of coaches or busses are in close contact with their passengers and should be able to have more flexibility in taking breaks without extending driving times or reducing rest times and breaks.
Amendment 13A #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 561/2006
Article 4 – paragraph r b (new)
Article 4 – paragraph r b (new)
(rb) ‘light commercial vehicle” means a vehicle used for the carriage of goods and having a permissible maximum laden mass including any trailer, or semi-trailer, not exceeding 3,5 tonnes.
Amendment 54 #
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 this Regulation should include the use of vehicles for the transport of goods with a permissible mass between 2,4 tonnes and 3,5 tonnes operating outside a radius of 200 kilometres from the base of the undertaking.
Amendment 56 #
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 66 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) A European Labour Authority could play an important role in enforcing the rules laid down in this Regulation, in particular by helping national authorities to coordinate controls, exchange information and best practices and to train inspectors.
Amendment 72 #
2017/0122(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In its resolution on the Implementation of the White Paper on Transport from 2011, the European Parliament considered the creation of a European Road Agency in order to ensure proper implementation of Union law and promote standardisation across all Member States.
Amendment 73 #
2017/0122(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The carriage of goods is significantly different from the carriage of passengers. Drivers of coaches or buses are in close contact with their passengers and should be able to have more flexibility in taking breaks without extending driving times or reducing rest times and breaks.
Amendment 78 #
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(1), point (a) is replaced by the following: (a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or
Amendment 80 #
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 Due to the curresnt unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is alsolack of secure parking and adequate resting facilities, it is necessary to provide thatfor operators to organise the work of drivers in such a way that these periods away from home are not excessively long and that drivers have the possibility to return home on a regular basis.
Amendment 84 #
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 3 – point h a (new)
Article 3 – point h a (new)
(1a) in Article 3, the following point is inserted: “(ha) light commercial vehicles with a maximum permissible mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods in a radius of 200 kilometres from the base of the undertaking”;
Amendment 87 #
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 4 – point b a (new)
Article 4 – point b a (new)
(1a) in Article 4, the following point (ba) is added: (ba) “light commercial vehicle” means a vehicle with a maximum permissible laden mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods;”
Amendment 101 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 561/2006
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(4a) in Article 7 the following paragraph is added: “For the carriage by road of passengers, the driver may choose to take a break of at least 30 minutes followed by a break of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph.”
Amendment 138 #
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 consecut 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. The work of the driver shall thus be organized in a way that the time spent travelling home would not reduce the driver's weekly rest. The driver shall inform the transport undertaking no later than one month before such rest period if it will be taken in a place other than the driver's home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver weeks. ith the means to return home.
Amendment 142 #
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 this Regulation should include the use of vehicles for the transport of goods with a permissible mass between 2,4 tonnes and 3,5 tonnes operating outside a radius of 200 kilometres from the base of the undertaking.
Amendment 147 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
Amendment 151 #
2017/0122(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In its resolution on the Implementation of the White Paper on Transport from 2011, the European Parliament considered the creation of a European Road Agency in order to ensure proper implementation of Union law and promote standardisation across all Member States.
Amendment 153 #
2017/0122(COD)
Proposal for a regulation
Recital 11 d (new)
Recital 11 d (new)
(11d) The rapid development of new technologies and digitalisation throughout the Union economy and 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 smart tachograph in registered vehicles. The smart tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 155 #
2017/0122(COD)
Proposal for a regulation
Recital 11 e (new)
Recital 11 e (new)
(11e) In order to guarantee appropriate health and safety standards for drivers who cannot reach home for a weekly rest period, more efforts are needed to secure financing for the establishment or upgrading of secure parking areas, adequate sanitary facilities and adequate accommodation.
Amendment 161 #
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, point (a) is replaced by the following: "Article 2 1. This Regulation shall apply to the carriage by road: (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/ALL/?uri=CELEX:32006R0561)
Amendment 176 #
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 – paragraph 1 – point h
Article 3 – paragraph 1 – 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 177 #
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 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) light commercial vehicles with a maximum permissible mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods in a radius of 200 kilometres from the base of the undertaking;
Amendment 192 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r a (new)
Article 4 – paragraph 1 – point r a (new)
(ra) In Article 4, the following point is added: ""light commercial vehicle" means a vehicle with a maximum permissible laden mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods;"
Amendment 194 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 561/2006
Article 4 – point r b (new)
Article 4 – point r b (new)
(rb) In Article 4, the following point is added: ""home" means the place of residence of the driver."
Amendment 235 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 561/2004
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(4a) In Article 7, the following paragraph is added: "For the carriage by road of passengers, the driver may choose to take a break of at least 30 minutes followed by a break of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph."
Amendment 242 #
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 289 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 1 – paragraph 1 – point 5 – point a b (new)
Regulation (EC) No 561/2004
Article 8 – paragraph 6 a – subparagraph 1
Article 8 – paragraph 6 a – subparagraph 1
(a b) In Article 8, paragraph 6 a, the subparagraph is amended as follows: "‘6a. By way of derogation from paragraph 6, a driver engaged in a singlen occasional service of international carriage of passengers, as defined in 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 (14), may postpone the weekly rest period for up to 12 consecutive 24- hour periods following a previous regular weekly rest period, provided that: (ab) the service lasts at least 24 consecutive hours in a Member State or a third country to which this Regulation applies other than the one in which the service started; (b) the driver takes afterdriver takes after the use of the derogation: (i) either two regular weekly rest periods; or (ii) one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the useend of the derogation: (i) either two regular weekly rest periods; or period;" Or. en ((http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R1073))
Amendment 352 #
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 consecutor at another private location chosen by the driver. The work of the driver shall thus be organized in a way that the time spent travelling home would not reduce the driver's weekly rest. The driver shall inform the transport undertaking no later than one month before such rest period if it will be taken in a place other than the driver's home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver weeks.;ith the means to return home.
Amendment 401 #
2017/0122(COD)
(6 a) In Article 10, paragraph 1 is replaced by the following: "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. ." Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0561)
Amendment 447 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
-1 In Article 3 , paragraph 4 is amended as follows: ""4. 5 years after newly registered vehicles are required to have a tachograph as provided in Articles 8, 9 and 10, vehicles operating in a Member State other than their Member State of registration shall be fitted with such a tachograph."" Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32014R0165)
Amendment 64 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC and to ensure fair competition in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators.
Amendment 73 #
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 ofsimple, readily understood concept of a link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation on the territory of the host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This should not apply toand cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage, and 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 103 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC and fair competition in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators.
Amendment 120 #
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 ofsimple, readily understood concept of a link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterized by at least one commercial loading or unloading operation on the territory of the host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations (EC) No 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotageand 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 168 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 184 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 211 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 270 #
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 and cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 304 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 333 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 94 #
2017/0114(COD)
Proposal for a directive
Recital 3
Recital 3
(3) All heavy duty vehicles have significant impact on road infrastructure and. Heavy duty vehicles significantly contribute to air pollution, while and light duty vehicles are at the source of the majority of the negative environmental and social impacts from road transport related to emissions and congestion. In the interest of equal treatment and fair competition, it should be ensured that vehicles so far not covered by the framework set out in Directive 1999/62/EC of the European Parliament and of the Council15 in respect of tolls and user charges are included into this framework. The scope of that Directive should therefore be extended to heavy duty vehicles other than those intended for the carriage of goods and to light duty vehicles, including passenger cars. _________________ 15 Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).
Amendment 105 #
2017/0114(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) To ensure fair competition in the transport sector, vans that are intended for the carriage of goods and that are engaged in the occupation of road transport operator1a should be included in the scope of charges applied to heavy duty vehicles. _________________ 1a Regulation (EU).../... of the European Parliament and of the Council amending Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2017/0123);
Amendment 118 #
2017/0114(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As in respect of heavy duty vehicles, it is important to ensure that any time-based charges applied to light duty vehicles are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns while ensuring non- discrimination.
Amendment 147 #
2017/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to promote the use of the cleanestr and mostre efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles.
Amendment 155 #
2017/0114(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1% of GDP. A significant part of this cost can be attributed to interurban congestion. A specific congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective and proportionate, the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle categoryhas to be effective and proportionate and should not hamper economic activity nor harm those that road users that have no other choice than to travel by car during certain periods. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem and contribute to alternative transport solutions.
Amendment 162 #
2017/0114(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Congestion charges should reflect the actual costs imposed by each vehicle on other road users directly, and indirectly on society at large,costs in a proportionate manner. In order to avoid that they disproportionately hinder the free movement of people and goods, they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition, that is to say when traffic volumes approach road capacity.
Amendment 171 #
2017/0114(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) As in respect to light duty vehicles, it is important to ensure that the movement of citizens is not hampered by the provisions laid down in this Directive. Member States should be allowed to introduce discounts and reductions when road users are disproportionally affected by charges due to geographical or social reasons.
Amendment 174 #
2017/0114(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common and interoperable road charging schemes.
Amendment 177 #
2017/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Road charges can mobilise resources that contribute to the financing of the maintenance, the repair and development of high quality transport infrastructure. It is therefore appropriate to incentivise and services. Member States to usshould use the revenues from road charges accordingly and, to this end, toare required that theyo adequately report on the use of such revenues. That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging. Member States should communicate transparently with road users on how they use the revenues from road charging through visible displays.
Amendment 192 #
2017/0114(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient and clean vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the reference values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 21 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 204 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 1999/62/EC
Title
Title
Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of certain road infrastructures;
Amendment 214 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 1999/62/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) it provides parking areas;
Amendment 218 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, including safe parking areas, comprising an infrastructure charge, and as the case may be a congestion charge or an external-cost charge or both;
Amendment 238 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 1999/62/EC
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 244 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘van’ means a vehicle intended for the carriage of goods, and having a maximum permissible mass not exceeding 3,5 tonnes;
Amendment 247 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 1999/62/EC
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
Amendment 279 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 1999/62/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Without prejudice to paragraph 9, from 1 January 2018[the date of entry into force of this Directive], Member States shall not introduce user charges for heavy duty vehicles and vans intended for the carriage of goods. User charges introduced before that date may be maintained until 31 December 2023 and shall be replaced by infrastructure charges after that date.
Amendment 300 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 1999/62/EC
Article 7 paragraph 9
Article 7 paragraph 9
9. As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles and vans intended for the carriage of goods.
Amendment 303 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive 1999/62/EC
Article 1 – paragraph 1 – point 3 Directive 1999/62/EC
Tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods, on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another.
Amendment 309 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 1999/62/EC
Article 7a – paragraph 3 – subparagraph 1
Article 7a – paragraph 3 – subparagraph 1
Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: a day, a week, 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10-day rate shall be no more than 8 % of the annual rate.
Amendment 312 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 1999/62/EC
Article 7a – paragraph 4
Article 7a – paragraph 4
4. For minibuses, vans and vans intended for the carriage of goods, Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses, vans and vans intended for the carriage of goods than for passenger cars as from 1 January 2024 at the latest.;
Amendment 315 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 1999/62/EC
Article 7 b – paragraph 3 (new)
Article 7 b – paragraph 3 (new)
(4 a) In Article 7b, the following paragraph 3 is added: 3. The motorway sections on which an infrastructure charge is applied shall have the necessary infrastructure and parking areas in compliance with Regulation (EU) .../.... of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods (2017/0122(COD)).
Amendment 331 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7 c – paragraph 5
Article 7 c – paragraph 5
5. From 1 January 2021, Member States that levy tolls shall apply an external-cost charge to heavy duty vehicles and vans intended for the carriage of goods on at least the part of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa.;
Amendment 344 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 1999/62/EC
Article 7da – paragraph 4
Article 7da – paragraph 4
Amendment 347 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 1999/62/EC
Article 7da – paragraph 5
Article 7da – paragraph 5
5. Member States shall put in place adequate mechanisms for monitoring the impact of congestion charges and for reviewing the level thereof. They shall review the level of charges regularly, at least every threeevery years, to ensure that they are not higher than the cost of congestion occurring in that Member State and generated on those road sections, which are subject to the congestion charge.;
Amendment 375 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 1
Article 7 g – paragraph 4 – subparagraph 1
Within one year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/…*****, the Commission shall adopt a delegated act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned, and to factor in emission reducing technologies.
Amendment 384 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 2
Article 7 g – paragraph 4 – subparagraph 2
Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero-emission vehicles and zero-emission operations shall benefit from infrastructure charges reduced by 75% compared to the highest rate.
Amendment 390 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 (new)
Article 1 – paragraph 1 – point 7 (new)
Directive 1999/62/EC
Article 7g – paragraph 4 a (new)
Article 7g – paragraph 4 a (new)
4a. The Commission shall publish an evaluation report assessing the market share of zero-emission vehicles and zero- emission operations (OJ: insert date: five years after the entry into force of this Directive).
Amendment 396 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7 g a – paragraph 1
Article 7 g a – paragraph 1
1. For light duty vehicles and vans intended for the carriage of goods, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle.
Amendment 416 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point -a a (new)
Article 1 – paragraph 1 – point 10 – point -a a (new)
Directive 1999/62/EC
Article 7 i – paragraph 2 – introductory part
Article 7 i – paragraph 2 – introductory part
Amendment 420 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 1999/62/EC
Article 7 i – paragraph 2 a (new)
Article 7 i – paragraph 2 a (new)
(a a) In Article 7 i, the following paragraph 2 a is inserted: 2a. For light duty vehicles, Member States may provide for discounts or reductions to the infrastructure charge on the condition that: (a) the resulting charging structure is proportionate, made public and available to users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls; (b) such discounts and reductions contribute to social cohesion; and (c) such discounts and reductions contribute to ensure the mobility of peripheral regions and/or remote areas;
Amendment 435 #
2017/0114(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 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 445 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b – point 1 (new)
Article 1 – paragraph 1 – point 14 – point b – point 1 (new)
Directive 1999/62/EC
Article 9 – paragraph 3a (new)
Article 9 – paragraph 3a (new)
Amendment 451 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 1999/62/EC
Article 11 – paragraph 2 – point h
Article 11 – paragraph 2 – point h
(h) an evaluation, based on objective criteria, of the state of maintenance of the road infrastructure on the territory of the Member State and the safety aspects of the road infrastructure, and its evolution since the last report;
Amendment 453 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 (new)
Article 1 – paragraph 1 – point 18 (new)
Directive 1999/62/EC
Article 11 – paragraph 2 – point ia (new)
Article 11 – paragraph 2 – point ia (new)
(i a) an evaluation of parking areas and their fulfilment with the minimum requirements as defined in Regulation ../... amending Regulation (EU) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods (2017/0122(COD)).
Amendment 456 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 (new)
Article 1 – paragraph 1 – point 18 (new)
Directive 1999/62/EC
Article 11 – paragraph 2 – point i b (new)
Article 11 – paragraph 2 – point i b (new)
(i b) The total revenues raised through mark-ups and on which road sections they have been levied.
Amendment 485 #
2017/0114(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 1999/62/EC
Annex V – section 1 – point c table 2 – column 2 – row 4
Annex V – section 1 – point c table 2 – column 2 – row 4
Buses and coaches 21.5
Amendment 506 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.s follows: (a) for paternity leave as referred to in Article 4(1), a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected; (b) for parental leave as referred to in Article 5(1), a payment or allowance, at a minimum level to be set by Member States, of at least equivalent to 45 % of the national average gross annual salary. (c) for carers' leave as referred to in Article 6, a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected;
Amendment 21 #
2017/0015(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Commission should clarify the meaning of "principal activity" for the purpose of this directive to ensure that Member States have a similar interpretation when applying exemptions to the scope.
Amendment 28 #
2017/0015(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States should be provided with a clear option to improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the qualityhighest quality and the proper execution of the training.
Amendment 59 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2003/59/EC
Article 10 – paragraph 2 a
Article 10 – paragraph 2 a
2. (a) A driver referred to in point (b) of Article 1 who drives vehicles used for the carriage of goods by road shall prove that he or she has the qualification and training provided for in this Directive by means of the driver attestation provided for in Regulation (EU) No 1072/2009 of the European Parliament and of the Council(*) provided that it bears the Union code 95. That driver attestation shall be mutually recognised for the purposes of this Directive, even if the relevant Union code was not marked upon it.
Amendment 61 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/59/EC
Article 10 – paragraph 2 – point b –– indent 3
Article 10 – paragraph 2 – point b –– indent 3
Amendment 75 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point a
Annex I – paragraph 1 – point 1 – point b – point a
Directive 2003/59/EC
Annex I – Section 2 – point 2.1 – paragraph 4
Annex I – Section 2 – point 2.1 – paragraph 4
Member States may allow the training partly to be done by means of information and communication technology tools, such as e-learning, while ensuring the properhighest quality and proper execution of the training, and may count specific training required under other Union legislation as part of the training. This includes, but is not restricted to, training required under Directive 2008/68/EC of the European Parliament and of the Council(*) for driving of dangerous goods, training on disability awareness under Regulation (EU) 181/2011 of the European Parliament and of the Council(**) and training on animal transport under Council Regulation (EC) 1/2005(***).
Amendment 18 #
2016/2305(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets that the current generation of 4G is still lagging behind expected deployment, especially in rural areas; notes that the Commission's action plan for the deployment of 5G infrastructure should provide the tools to avoid past mistakes;
Amendment 28 #
2016/2305(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that progress in the building of the European Gigabit Society can only be made with appropriate high levels of investment in network infrastructure in all the Member States; doubts whether financing models based only or primarily on investment funds will help fill existing gaps in the level of development of network infrastructure, and even out differences in the availability of high-capacity internet connections in border and outlying areas, as well as in non-urban areas; underlines the urgency of finding new sources of private investment if Europe wants to achieve its 2025 targets of fast and reliable 5G coverage;
Amendment 56 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Supports the Commission's objective to provide all urban areas, as well as major roads and railways, with uninterrupted 5G coverage by 2025;
Amendment 62 #
2016/2305(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Strongly supports efforts towards ensuring access to the 5G network in public transport facilities and vehicles, in transport hubs and on all major transport routes by 2025; notes the important role of internet technology for the development of multimodal, user-friendly and safe infrastructure and transport services; underlines the added-value these developments will have in the tourism sector and boost the attractiveness of Europe for businesses and visitors;
Amendment 67 #
2016/2305(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission's initiative WIFI4EU; notes that publicly free available Wi-Fi connections in strategic public areas, like transport hubs, will allow all European citizens to equally access and benefit from digitalized tools;
Amendment 73 #
2016/2305(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that the high speed and quality of internet connectivity is key to the development of Cooperative Intelligent Transport Systems (C-ITS) technologies; points out that the development of such systems will foster the process of digitisation and automation of transport, which will in turn lead to improvements in safety, optimize resources, efficiency and environmental performance.;
Amendment 78 #
2016/2305(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the benefits of reliable and uninterrupted 5G coverage on road safety by allowing for connected and digital means of control, like smart tachograph and e-documents, of heavy goods vehicles;
Amendment 4 #
2016/2270(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to International Labour Organization (ILO) Conventions Nos 269 and 13105 on minimum wage fixing and Nos 29 andthe abolition of forced labour, No 1052 on the abolition of forced labourSocial Security and ILO Recommendation 202 on Social Protection Floors,
Amendment 21 #
2016/2270(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the report "Minimum Income Schemes in Europe - A study of national policies 2015" prepared for the European Commission by The European Social Policy Network (ESPN) in 2016,
Amendment 109 #
2016/2270(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the Council Conclusions on the 2017 Annual Growth Survey and the Joint Employment Report adopted by the EPSCO Council on the 3rd March 20171a call on Member States to ensure that social protection systems provide adequate income support and that reforms should continue to focus, amongst others, on providing adequate income support and high quality activation and enabling services; __________________ 1a6885/17 "The 2017 Annual Growth Survey and Joint Employment Report: Political guidance on employment and social policies - Council Conclusions (3 March 2017)" and 6887/17 "JOINT EMPLOYMENT REPORT FROM THE COMMISSION AND THE COUNCIL accompanying the Communication from the Commission on the Annual Growth Survey 2017 (3 March 2017)"
Amendment 110 #
2016/2270(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas vocational training, in particular through work-related training schemes, provides the necessary skills to pursue a professional activity and build a professional network, which helps to achieve sustainable labour-market integration and reduces the risk of poverty;
Amendment 146 #
2016/2270(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. StressBelieves that it is vital for everyone to have a sufficient minimum income to be able to mall citizens and families in Europe should be entitled to an income support which enables them to cover their living costs; believes that support mechanisms, such as minimum income schemes have to guaranteet their basic requirements non-perpetuation of social dependency and must constitute an incentive to education or entering the job market;
Amendment 159 #
2016/2270(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that an adequate income is fundamental for a dignified life and that without a minimum income and a stake in societyjob, individuals cannot develop their potential to the full and participate in the democratic shaping of society;
Amendment 162 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that adequate minimum income schemes as an active inclusion tool promote social participation and inclusion;
Amendment 163 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that one of the main goals of the Europe 2020 strategy is reducing poverty and social exclusion by at least 20 million people and that still more efforts are needed to reach that goal; believes that minimum income schemes can be a helpful way to reach this objective;
Amendment 164 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses that the best way to fight poverty and social exclusion are decent jobs; recalls in this context the importance to boost growth, investment and job creation;
Amendment 171 #
2016/2270(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of the European Semester in encouraging Member States who do not yet have minimum income schemes to introduce systems of adequate income support;
Amendment 187 #
2016/2270(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that, given the many questions minimum income schemes pose, such as accessibility, coverage, financing, entitlement conditions, duration, a concept elaborated at European level on common objectives for national minimum income schemes could be helpful in contributing to a level playing field among Member States;
Amendment 190 #
2016/2270(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the importance of the European Semester in monitoring the adequacy of existing minimum income schemes and their impact on reducing poverty, specifically through the country specific recommendations, but also the joint employment report and the Annual Growth Survey;
Amendment 248 #
2016/2270(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is of the opinion that adequate minimum income schemes should set minimum incomes at a level equivalent to at leasBelieves that Member States, when setting minimum income schemes should take into account that the at-risk-of- poverty threshold is set at 60 % of median income in the Member State concernedthe national median equivalised disposable income (after social transfers);
Amendment 25 #
2016/2242(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas regions around Europe are substantially different; in some cases territories with high unemployment will not be part of the eligible regions when it comes to the allocation of EU funds at NUTS level;
Amendment 38 #
2016/2242(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned however that YG schemes have not yet reached all young people, who left schools or became unemployed; underlines that all young people not in employment, education or training should be able to profit from the Youth Guarantee schemes, encourages therefore the regions which do not qualify for an EU co-financing to participate in Youth Guarantee;
Amendment 46 #
2016/2242(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that Youth Guarantee has become a driver for policy reforms and better coordination in the fields of employment and education;
Amendment 48 #
2016/2242(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls for an efficient control and monitoring of spending of allocated funds at European and national levels to prevent abuses and wasting of resources;
Amendment 50 #
2016/2242(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that sufficient economic growth is a pre-requisite for the effective integration of NEETs into the labour market;
Amendment 71 #
2016/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the full potential of exchanging best practices among Member States in implementation of YG-schemes as well as elimination of administrative burden has not yet been realised; notes in this respect the importance of mutual learning aimed at the activation of the most vulnerable groups;
Amendment 79 #
2016/2242(INI)
4. Notes that a more diversified approach in the provision of services to different groups within the youth population is needed in order to avoid ‘cherry-picking’; calls for a stronger outreach to young people facing multiple barriers (e.g. young people with disabilities) by broadening the range of interventions proposed within YG offers;
Amendment 90 #
2016/2242(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need to provide tailored solutions to a diverse group of young people and making the non- registered NEETs a key target group;
Amendment 91 #
2016/2242(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that persistent mismatches between the participant's profiles and the YG's offers results in people's return to NEET status, is of the opinion that good quality offers should be tailored to the profile and qualification level of individuals and therefore boosting their competences to better meet labour-market demands;
Amendment 93 #
2016/2242(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Takes note that the NEET's group is highly heterogeneous, calls on Members States to conduct a comprehensive analysis of NEET population including a skills mismatch analysis in order to facilitate a smooth transition from education to employment and therefore increase employability of the NEETs;
Amendment 94 #
2016/2242(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights the importance of strengthening cooperation between relevant stakeholders such as public and private employment services, education and training institutions, employers, youth organisations and non- governmental organisations working with youth in order to reach the entire NEET population, especially inactive NEETs, who are not covered by the existing systems to enable their effective integration into the labour market; calls on Member States to actively identify and register all NEETs;
Amendment 95 #
2016/2242(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls for enhanced cooperation between education institutions and entrepreneurs to develop curricula tailored to the labour market needs which facilitates a smooth transition from education to employment and tackles skills mismatch;
Amendment 96 #
2016/2242(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Emphasises that promoting mobility in employment, education, apprenticeships and traineeships can improve the skills-set of young people, as well as tackle the geographical skills mismatch that exists in the EU, therefore encourages Member States to include offers from all European countries in a national Youth Guarantee Scheme through making greater use of EURES (European Employment Services), which is a valuable tool to boost mobility;
Amendment 97 #
2016/2242(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that increasing the mobility of workers, for example through deepening international cooperation and by facilitating cross-border recognition of qualifications is effective way of tackling skills mismatch;
Amendment 113 #
2016/2242(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Cautions against the repeated take-up of the YG which goes against the spirit of labour market activation and the aim of transition into permanent employment.lls on Member States to ensure that young people receive good quality offers, tailored to the profile and qualification level of the individuals, in order to prevent them from the repeated take-up of the YG;
Amendment 40 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. Points out that over the last 10 years standard employment has fallen from 62% to 59%, but that full-time, permanent contracts continue to account for the bulk of employment contracts in the EU; whereas non-standard, atypical forms of employment have been emerging, whereby the number of workers with – often involuntary – fixed termed and part- time contracts has increased considerably in the EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms of employment, and whereas, if this trend continues, it is likely that the risk of precariousness will increase8; __________________ 8Study for the EMPL Committee on precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/et udes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdf
Amendment 52 #
2016/2221(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the new forms of employment that are emerging, particularly in the context of digitisation and the new technologies, are blurring the boundary between dependent employment and self-employment, leading to a decline in the quality of employment and the rise ofwhich is also leading to a rise in deceptive forms of self- employment, for example, bogus self- employment; __________________ 9 ILO report of 2016 on Building a social pillar for European convergence.
Amendment 67 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas increases in, while employment rates mask the insufficient and socially inadequate response to the economic crisis, promotare increasing, there has been a steady increase ing precarious forms of employment such as zero-hour contracts, bogus self-employment and involuntary part-time jobs, which do not provide workers with either a decent living or full labour rights; whereas, during the slow economic recovery, greater emphasis should be placed on quality in job creation;
Amendment 88 #
2016/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 110 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Understands precarious work to mean, as a minimum definition, a non- standard, atypical form of employment having any of the following characteristics:Notes that some atypical forms of employment entail greater risks of precarious and insecure work, for example, marginal part-time work, temporary agency work, fixed-term contract work, zero-hour contracts and informal or undeclared work; the following characteristics may be indications of precarious work;
Amendment 171 #
2016/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that decent work should specifically guarantee coverage by collective agreements, security of collective bargaining, equal pay for equal work in the same place, and protectionsocial security protection for members of the workers’ families as well, while supporting the work-life balance for all workers;
Amendment 186 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standard forms of employment trends that will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decent; takes the view that developments in the labour market are placing a burden on social security systems, and steps must be taken to provide lasting protection for those systems;
Amendment 213 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection for workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without fear;
Amendment 237 #
2016/2221(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to investigate the phenomenon of bogus self- employment more closely and define it more precisely so that fraudulent forms of self-employment can be tackled more effectively;
Amendment 249 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter;
Amendment 36 #
2016/2101(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that economic growth should guarantee a positive social impact; welcomes the introduction of the three new social indicators in the macroeconomic imbalances procedure; reiterates the call for these to be placed on an equal footing with existing economic indicators, thereby guaranteeing that internal imbalances are better assessed and making structural reforms more effective; calls, in this connection, for a social imbalances procedure to be introduced; takes the view that placing employment and economic indicators on an equal footing go hand in hand with upgrading the role of the EPSCO Council in the European Semester;
Amendment 8 #
2016/2062(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to its resolution of 11 November 2015 on aviation2 , __________________ 2in particular paragraphs 6, 7 and 11 regarding the revision of Regulation (EC) No 868/2004 in order to safeguard fair competition in EU external aviation relations and reinforce the competitive position of the EU aviation industry, prevent unfair competition more effectively, ensure reciprocity and eliminate unfair practices, including subsidies and state aid awarded to all airlines from certain third countries that distort the market. Financial transparency in the fair competition clause is an essential element to guarantee this level playing field. __________________ 2 Texts adopted, P8 TA(2015)0394. Texts adopted, P8 TA(2015)0394.
Amendment 12 #
2016/2062(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the conclusions of the high-level conference "A Social Agenda for Transport" on 4 June 2015 in Brussels,
Amendment 17 #
2016/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission´s communication on ‘An Aviation Strategy for Europe’; stresses that action is needed to reinforce the social agenda and maintain high-quality jobs in aviation; believes that ensuring a level playing field in the sector is crucial in order to prevent unfair competition to the detriment of workers;
Amendment 27 #
2016/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that there are significant differences between Member States as regards working conditions and social protection and that undertakings exploit freedom of establishment in order to reduce costs; calls on the Member States to put a stop to this damaging competition;
Amendment 44 #
2016/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that direct employment must remain the usual form of employment in aviation in order to ensure safetyPoints out that insecure employment relationships can have implications for aviation safety, for example because workers experience higher levels of stress; insists that direct employment must remain the usual form of employment in aviation in order to ensure safety; calls on the European Aviation Safety Agency (EASA) to monitor developments in the area of new business models in order to guarantee the safety of passengers and crewmembers;
Amendment 45 #
2016/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. notes that currently the signature of the EU-Ukraine Common Aviation Area Agreement is delayed by the Gibraltar issue; On the basis of a study, which was contracted by the Commission and concluded in December 2005, the annual economic impact of the non- signature of this Agreement is estimated around EUR 400 million;1a __________________ 1a http://www.europarl.europa.eu/sides/getAl lAnswers.do?reference=E-2016- 002690&language=EN
Amendment 56 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to come forward with legislative initiatives to prevent flags of convenience, rule shopping and unfair competition in aviation, including a ban o; calls on the Commission and the Member States to investigate new forms of employment relationship, such as bogus self-employment and the increased use of agency workers, and to ban zero-hours contracts and pay-to-fly schemes;
Amendment 62 #
2016/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a clarification of the ‘home base’ criterionthe term 'principal place of business' to be defined in such a way that the operating licence is issued by a State in which the carrier conducts a substantial proportion of its operations; calls for Regulation (EC) No 1008/2008 to be revised in order to ensure that national social provisions and collective wage agreements are enforced and applied for carriers with operating bases on EU territory; calls for a clarification of the ‘home base’ criterion employed in Regulations (EU) Nos 83/2014 and 465/2012 in order to ensure that it determines applicable social, employment and taxation legislation for all aircraft operations of carriers holding an EU Air Operator Certificate (AOC);
Amendment 67 #
2016/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s Communication on an Aviation Strategy for Europe and its effort to identify sources to boost the sector by finding new market opportunities and dismantling barriers, and for its proposals to meet and anticipate new challenges while reinforcing the social agenda and creating high quality jobs in aviation; believes that, in a longer-term perspective, a further holistic and ambitious approach should be embraced;
Amendment 73 #
2016/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prevent social dumping and possible illegal use of foreign workthird- country crewmembers on board EU- registered planes;
Amendment 81 #
2016/2062(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to rethink on-going initiatives and propose alternatives to remove the deficiencies of the aviation sector resulting from the late and incomplete implementation of EU legislation such as the Single European Sky (SES); urges the Member States finally to make progress on other essential dossiers such as revision of the Slot Regulation and the Air Passenger Rights Regulation;
Amendment 86 #
2016/2062(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 101 #
2016/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the European aviation sector can fit into a competitive global environment by further building on and developing its assets; believstresses that competition from third countries, if fair, should be based on reciprocity and a level playing field; with a fair competition clause and financial transparency in the upcoming aviation agreements, competition should be seen as an opportunity to develop and strengthen further athe European aviation model;
Amendment 111 #
2016/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 141 #
2016/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that air space is also part of the EU single market including Gibraltar airport, and that any fragmentation resulting from diverging national practices has an impact on the rest of the market and hampers EU competitiveness;
Amendment 153 #
2016/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that many of the limits to growth, both in the air and on the ground, can be addressed by taking connectivity as the main indicator when assessing and planning actions in the sector; Connectivity within Europe should be based on projects supported by a positive cost benefit analysis approved by the European Commission in order to avoid tax payers money is lost in non-viable projects. In the interest of public finances and the environment, particular attention should be given to airports in close proximity to each other and the catchment areas of neighbouring airports.1a __________________ 1a http://www.eca.europa.eu/en/Pages/DocIt em.aspx?did=30441
Amendment 224 #
2016/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that public and private financing in the aviation sector is vital to guarantee territorial cohesion, foster innovation, create quality jobs and maintain or regain European leadership of our industry; recalls that all financing must respect EU state aid guidelines and competition law;
Amendment 298 #
2016/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists that the aviation sector is contributing, directly and indirectly, to the creation of jobs; believes that maintaining and enhancing decent working conditions and preventing unfair practices contribute tois a precondition of the sustainability of the aviation sector; acknowledges the necessity to bring clarity on the ‘home base’ criterionCalls on the Commission to present concrete proposals in order to bring clarity on the ‘home base’ criterion, and the definition of 'principal place of business', as well as ensuring equal treatment of third-county nationals working on board of EU-registered airplanes, and welcomes the Commission’s decision to have guidelines issued on the applicable labour law and competent courts; insists on the need to fight any forms of social dumping and forum shopping;
Amendment 333 #
2016/2062(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recalls the importance of supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation; calls upon the Member States to progress current legislative proposals and a common strategy on Air Passengers Rights as soon as possible;
Amendment 5 #
2016/2012(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Having regard to Article 10 and 19(1) of the Treaty on the Functioning of the European Union;
Amendment 11 #
2016/2012(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that differential treatment between men and women in travel insurances still prevails and creates a barrier for equal access in the tourism sector, especially for pregnant women;
Amendment 20 #
2016/2012(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes the implementation of Article 4(3) of the Directive 2004/113/EG on sexual harassment in all Member States, as this is of particular concern to the public transport sector; regrets that the Directive provides no answers to the question of liability for a goods and service provider when a third party harasser is involved (who is not the provider of goods and services); calls on the Commission to urgently address this issue and provide better interpretation for victims of harassment and service providers alike;
Amendment 23 #
2016/2012(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. ERegrets the lack of awareness of the directive across Member States and encourages national authorities at all levels to raise awareness of rights and obligations under the directive, and encourages the Member States to equip their national equality bodies with sufficient resources to provide information on remedy proceedings and on the range of consultation services available to assist in national compliance with the directive;
Amendment 35 #
2016/2012(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that breastfeeding in public is covered by the directive and shall not be restricted by service providers; welcomes national legislation supporting the right of women to breastfeed in public and reiterates its importance for the tourism sector;
Amendment 46 #
2016/2012(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores the hygienic facilities, like public toilets and showers, and the lack of baby changing facilities, especially at Motorway service areas and in cities; calls on the Commission to take practical steps in order to overcome this problem, which persists in many Member States and hampers inclusive tourism and transport;
Amendment 1 #
2016/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in recent years technological advances and digitalisation have transformed the postal services sector and that the modernisation and diversification of postal services has had a major impact on employment in the sector; notes that letter volumes are in decline in the EU while the express delivery sector is increasingly in demand;
Amendment 2 #
2016/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in recent years technological advances and digitalisation have transformed the postal services sector and that the modernisation and diversification of postal services has had a major impact on employment in the sector, in particular in rural areas; calls on the Member States to accelerate broadband deployment in rural areas so that they can take full advantage of the benefits of the single digital market, in particular the creation of jobs, competitiveness, innovation and access to new online services, especially online postal services;
Amendment 7 #
2016/2010(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that it is essential to maintain the postal services in rural areas in order to promote social cohesion by making communication between people easier and to guarantee the provision of a number of indispensable services to the people living in those areas;
Amendment 17 #
2016/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the number of part-time workers, agency workers and bogus self- employed persons in the sector has increased and that the general trend is towards more flexible employment contracts; stresses the need for labour market flexibility on the one hand and for the economic and social security of workers on the other;
Amendment 32 #
2016/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the role played by the social partners, who in many Member States have worked together with universal service providers in an effort to make the transformation of the postal services sector socially sustainable, for example through early retirement schemes;
Amendment 50 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that jobs have been created as a result of restructuring and the introduction of new activities such as logistics, financial services and telephony in the postal services sector and that, in keeping with these new circumstances, workers need to learn new skills; draws attention to the importance of training, further training and retraining;
Amendment 57 #
2016/2010(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the Erasmus+ Leonardo da Vinci vocational education and training programme as a valuable tool in support of the transformation of postal services; notes that older workers too need to receive retraining or further training and that this may also lead to stress;
Amendment 62 #
2016/2010(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the cooperation between the European Agency for Safety and Health at Work (EU-OSHA) and the social partners in the postal sector on the ‘Healthy Workplaces Manage Stress’ campaign; stresses the importance of health and safety at work, particularly in the light of demographic changes and the high level of mobility of workers in the postal sector; stresses that all workers, irrespective of their type of undertaking and employment contract, must be guaranteed the same level of health and safety protection at work;
Amendment 64 #
2016/2010(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes and that it is therefore possible for existing legislation to be evaded; calls therefore for checks on suppliers’ working and rest times to be stepped up;
Amendment 65 #
2016/2010(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Applauds the work of the Social Dialogue Committee for the Postal Sector; and highlights the project launched by the European social partners in this sector entitled ‘Managing demographic challenges and finding sustainable solutions by the social partners in the postal sector’;
Amendment 69 #
2016/2010(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to compile more data on workforce size and working conditions so that they canin the postal service sector so that they can better assess the actual situation following the complete opening up of the markets and respond promptly to developments and potential problems;
Amendment 73 #
2016/2010(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the fact that some Member States apply Article 10(2), point 5, of Directive 2008/6/EC, and calls on all Member States to take working conditions into account as a criterion in licensing and approval procedures;
Amendment 77 #
2016/2010(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the fact that most of the universal service providers in the Member States have concluded collective agreements; takes the view that, in keeping with national practice, the social partners should negotiate collective wage agreements for otherall companies providing postal services, as they are an effective instrument in combating a race to the bottom in social and working standards;
Amendment 77 #
2016/2010(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that there are a number of instances of unfair competition in the postal sector and calls on the responsible authority to sanction any misconduct;
Amendment 178 #
2016/2010(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and Member States to collect more data on the parcel delivery market in order to better assess the development of this economic sector and its structural development;
Amendment 226 #
2016/2010(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Takes note that the liberalization of the postal sector has in some Member States led to substantial differences in working conditions and wages between universal service providers and competing companies providing specific postal services;
Amendment 229 #
2016/2010(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that in recent years technological advances and digitalisation have transformed the postal services sector and that the modernisation and diversification of postal services has had a major impact on working conditions and employment in the sector;
Amendment 230 #
2016/2010(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission and the Member States to compile more data on workforce size and working conditions in the postal service sector to better assess the actual situation following the complete opening up of the markets and respond promptly to developments and to tackle potential problems;
Amendment 27 #
2016/0403(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 56 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation is without prejudice to other Union acts related to social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, in particular health and safety at work and the relationship between employers and workers.
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 160 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 161 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
Amendment 165 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 168 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
Amendment 173 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 d (new)
Recital 5 d (new)
(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 174 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 175 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Regulation (EC) No 883/2004
Recital 5 f (new)
Recital 5 f (new)
(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
Amendment 194 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 47
Recital 47
(47) This Regulation respects the fundamental rights and observes the principles recognised inby the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 230 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 239 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 241 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) 883/2004
Article 4 a (new)
Article 4 a (new)
11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 260 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.
Amendment 302 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 380 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3
Article 64 – paragraph 1 – point c and paragraph 3
Amendment 409 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65
Amendment 451 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 464 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 582 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 586 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 597 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 1
Article 20 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 644 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
Regulation (EC) No 987/2009
Article 56 – paragraphs 1 and 3
Article 56 – paragraphs 1 and 3
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 2 #
2016/0205(NLE)
Draft opinion
Article 1
Article 1
The Committee on Employment and Social Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision on the conclusion of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part;.
Amendment 79 #
Amendment 80 #
2016/0149(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend itsvise and substantially amend the proposal;
Amendment 84 #
2016/0149(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on users seekingconsumers and users of cross- border parcel delivery services, especially and on online the context of e-commerce.rade in the EU single market
Amendment 86 #
2016/0149(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result . Where cross-border parcel delivery prices are found to be unreasonably high, national regulatory authorities can require the parcel delivery services to supply relevant price information without this entailing additional administrative burdens and compliance costs for parcel delivery service providers who operate cross- border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services and thus have a direct effect on the functioning of the internal market. _________________ 48 BoR (15) 214/ERGP PL (15) 32.
Amendment 91 #
2016/0149(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The market for cross-border parcel delivery services is diverse and complex, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. That diversity makes it hard for consumers and users to compare parcel delivery services hard to compareas between different providers, both in terms of quality and price. Furthermore, low volume senders, such as small and medium-sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered, because they are often not aware of the existence of different parcel delivery options for similar services in cross- border online trade. It should be made easier, in particular, for small and medium-sized enterprises and individuals to access the relevant information.
Amendment 92 #
2016/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for consumers and users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessaryparcel delivery services offered by universal service providers must comply with the Universal Service Obligation affordability criteria, so as to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 98 #
2016/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for usconsumers in remote or sparsely populated areas and also for small and medium-sized enterprises and other users, it is necessary to improve the transparencaccessibility of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 101 #
2016/0149(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 104 #
2016/0149(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . This Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address r. Regulatorys’ oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-border parcel delivery services, the assessment of the affordability of tariffs within their own territory must be independent. Tariffs for cross-border parcel delivery services should be evaluated by the national regulatory authorities in accordance with uniform certain cross- border parcel delivery services and transparent and non-discriminatory access to certain cross-borderriteria so as to make it easier for consumers and other users to compare parcel delivery services and/or infrastructure. This Regulation therefore complemstrengthents, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
Amendment 106 #
2016/0149(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . This Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-borCompliance with the minimum universal service requirements laid down in the directive is ensured by national regulatory authorities appointed by the Member States. Where universal service providers’ parcel delivery services, the assessment of the affordability of tariffs for certain cross- border parcel delprices are considered not to be affordable, the regulatory authority takes measures in respect of the univerysal services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC providers in line with Directive 97/67/EC . The Commission ensures that compensation for the provision of universal services in the Member States is proportionate and reasonable and that competition rules are adhered to. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
Amendment 113 #
2016/0149(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) An estimated 80 % of addressed postal items generated by e-commerce today weigh less than two kilograms, and are often processed in the letter-post mail stream. It is important thatn order to prevent unfair competitive practices, those postal items armust be subject to this Regulation, notably to the requirements on transparency of tariffs and the assessment of their affordability.
Amendment 118 #
2016/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition. This concerns in particular postal items, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise. This Regulation should therefore cover, in line with consistent practice, postal items weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with current practice and Directive 97/67/EC, each step in the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector.
Amendment 123 #
2016/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated proportionately and reasonably for the costs of the service provided to the originating universal service provider. Compliance with competition rules is monitored by the Commission. Terminal rates should be defined in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels.
Amendment 127 #
2016/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit tData collected in respect of terminal dues should be processed under conditions of strict secrecy because they include trade secrets, in accordance with free-market principles. The administrative burden for smallon parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working for thes should not be unduly increased. A threshold should be applied so as not to impose an undue administrative burden on smaller parcel delivery service providers and involved in the provision of parcel delivery services. ctive only on a national or regional market.
Amendment 131 #
2016/0149(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into accountNational regulatory authorities must, in order to avoid duplication and the imposition of unnecessary additional administration and costs, ensure that parcel delivery service providers maywhich have already provided certain information to the same national regulatory authoritysupplied their information are not required to supply it a second time. Parcel delivery services are important for small and medium-sized enterprises and individualconsumers and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by universal service providers should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the; the data collected about terminal dues, to be provided confidentially and regular provision of the underlying terminal ratly to the national regulatory authorities, constitute the basis for the national regulatoryose authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
Amendment 133 #
2016/0149(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Because of their small size and dimensions, certain postal items should not be subject to these obligations set out with regard to transparency of tariffs. The postal items subject to those obligations should therefore have a minimum width of 20 mm.
Amendment 135 #
2016/0149(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific , such as transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers.
Amendment 139 #
2016/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Uniform tariffs for cross-border deliveries to two or more Member States may be important in the interest of protecting regional and social cohesion. In this context it should be considered that, consideration should be given to the need to promote e- commerce offers new opportunities for sparsely populated areas to participate in thein sparsely populated areas so as to enable consumers in such areas to participate in online trade and to boost their regional economic lifes. It is therefore necessary to take any uniform tariffs fully into account when assessing the affordability of parcel delivery services.
Amendment 169 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the transparency of tariffs and terminal rates for certainuniversal-service cross- border parcel delivery services and the assessment of the affordability of certainsuch cross-border tariffs;
Amendment 174 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 206 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. AIf they have not already been requested to do so by the Member State national regulatory authority, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established:
Amendment 207 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the name of the providerarcel delivery service, its legal status and form, registration number in a trade or similar register, VAT number, the address of the establishment and a contact person;
Amendment 209 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the providerarcel delivery service;
Amendment 213 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the providerarcel delivery service’s general conditions of sale, including a detailed description of the complaints procedure.
Amendment 216 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 Marchy of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested such information:
Amendment 259 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 275 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 285 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of universal services with reference to cross- border tariffs included in the public lists of tariffson the basis of the information obtained in accordance with Article 4(1) within 3 months of receipt of that information, in order to ensure the affordability of universal services in their own territory. In that assessment, in particular the following elements shall be taken into account:
Amendment 299 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 333 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including anyand any requisite non-confidential information and/or justification provided in accordance with paragraph 3, to the Commission, the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non- confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 March of each calendar year at the latest.
Amendment 338 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 373 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) whether the affordability of cross- border parcel delivery services has improved throughout the EU, including for usconsumers located in remote or sparsely populated areas;
Amendment 377 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 41 #
2016/0130(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The binding occupational limit values should be reviewed regularly and at least every 5 years and revised when necessary in the light of scientific data. This revision should duly take into account the recommendations and opinions of the Scientific Committee on Occupational Exposure Limits (SCOEL) and the Advisory Committee on Safety and Health at work (ACSH) which is composed of three full members per Member State, representing national governments, trade unions and employers' organisations.
Amendment 57 #
2016/0130(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) There is no harmonised methodology for measuring workers' exposure to carcinogens, mutagens and substances that are toxic for reproduction at European level. The European Commission should shortly develop such an EU methodology in order to ensure on the one hand, similar and high-level protection for workers and on the other hand, a level playing field.
Amendment 59 #
2016/0130(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) More transparency on health risks incurred by workers should be provided by including two new columns to Annex III in order to indicate the residual cancer risk associated with each Binding Occupational Exposure Limit and the date of the last estimation.
Amendment 71 #
2016/0130(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Advisory Committee on Safety and Health at work also assists the Commission, by giving for instance opinions on the Occupational Exposure Limits which should be set at EU level pursuant to Council Directive 98/24/EC and Directive 2004/37/EC in order to protect workers from chemical risks. These opinions are based in particular on the latest available scientific data and socioeconomic impacts.
Amendment 119 #
2016/0130(COD)
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2004/37/EC
Title
Title
-1. The title is replaced by the following: “Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or, mutagens or reprotoxics at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)” lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)Or. en (http://eur-
Amendment 124 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 246 months and from the first day subsequent to the 246 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 246 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 126 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The effective duration of posting should be counted continuously for each posted period for the individual worker. Suspension of work during the posting period, whatever the reason (holidays, illness, training at the posting undertaking etc.) should not constitute a reason to justify an extension of the posting period for an equivalent period. Therefore the posting should end precisely upon expiry of the programmed period, irrespective of the number and duration of events which prompted the suspension of activity
Amendment 149 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 227 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In case of non-genuine posting as defined in Article 4 of Directive 2014/67/EU, the posted worker shall be deemed to be employed in the country to which the worker is posted.
Amendment 245 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The posted workers of one or more sub-contractor(s) should have the same terms and conditions of employment covering remuneration as those applicable to the workers of the contractor as imposed on all national sub- contractors.
Amendment 255 #
2016/0070(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The standard of accommodation provided or arranged by an employer for posted workers should be adequate and equivalent to the standard of accommodation for local mobile workers guaranteed by national law or practice.
Amendment 284 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-foursix months
Amendment 302 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-foursix months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 329 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 339 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2a (new)
Article 2a – paragraph 2a (new)
2a. For the purpose of this Article, the concept "the same task at the same place" shall be determined, taking into account the nature of the service provided and the work performed, and the address(es) of the workplace(s) according to the service contract or as defined in article 9(1), (a)(v), (a)(vi) of Directive 2014/67/EU
Amendment 348 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 96/71/EC
Article 2 b (new)
Article 2 b (new)
(1a) The following Article 2b is inserted: Article 2b Sectoral derogations By way of derogation from Article 2a (1) and (2), Member States may determine for specific sectors, after consultation with the concerned sectoral social partners, the anticipated or effective duration after which the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. Any derogation shall be justified, proportionate and transparent
Amendment 386 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
(ga) conditions of accommodation for workers;
Amendment 387 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g b (new)
Article 3 – paragraph 1 – indent 2 – point g b (new)
(gb) allowance rates to cover travel, board and lodging expenses for workers away from home for professional reasons.
Amendment 432 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 460 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non–discriminatory and proportionate basis,shall provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.
Amendment 411 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two years.
Amendment 416 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesForum established in Article 10 shall draw up the annuala working plan for the peer- review, ensuring an appropriate rotation in respect of reviewing and reviewed type- approval authorities, and submit it to the Commission.
Amendment 420 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
Type-approval authorities which are accredited in accordance with EN ISO standards shall not undergo a peer-review as provided for in this paragraph.
Amendment 940 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member Stateshe Commission every two years.
Amendment 944 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities,review plan and submit it to the Commission.
Amendment 950 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.
Amendment 956 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewCommission shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations the outcome of its review to all Member States and shall make it publicly available. It shall be discussed by the Forum established in Article 10 and recommendations shall be issued.
Amendment 963 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the other Member States on how ithey hasve addressed the recommendations in the peer-review report.
Amendment 82 #
2015/2354(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the possible introduction of a services passport for companies, which aims to further promote the free movement of services, should be without prejudice to the competence of the host Member State to ensure the effective enforcement and control of national and European employment legislation;
Amendment 6 #
2015/2353(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the post-electoral revision of the multiannual financial framework (MFF) is vital and must address the new political challenges facing the EU, as well as enabling the EU to meet its targets under its Europe 2020 strategy; underlines that reallocation of funds for emergencies is not a sustainable solution; insists that the existing resource commitments for achieving the Union’s strategic objectives and greater economic, social and territorial cohesion be maintained;
Amendment 10 #
2015/2353(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points to the need to provide the EU budget with a genuine own resources system, thereby lowering the proportion of GNI-based national contributions to the budget;
Amendment 23 #
2015/2353(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Maintains that investment in research and development is crucially important for the competitiveness of the European economy and for job creation; notes, however, that, according to the most recent Eurostat figures, R & D investment accounted for just 2.03% of EU GDP, which is well below the Europe 2020 target; urges the Commission, therefore, to find a way of fully offsetting the cuts by which the EFSI has been financed at the expense of the Horizon 2020 budget;
Amendment 29 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists on the continuation of the Youth Employment Initiative and calls for the resources for this initiative to be provided until 2020, whose performance should be analysed and the necessary corrections made with a view to improving its implementation, and calls for the resources for this initiative to be provided until 2020; points out that no financial commitment has been entered into regarding the Youth Employment Initiative in 2016, even though Parliament is calling for a figure of EUR 473 million;
Amendment 71 #
2015/2353(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Maintains that the common agricultural policy (CAP) contributes significantly to growth and employment, especially in rural areas, and points out that one job in the agricultural sector generates seven jobs elsewhere; calls for the amounts entered under MFF heading 2 to remain unchanged, bearing in mind that the CAP is vitally important for employment; points out that the CAP not only helps to reduce farm income volatility, particularly in times of crisis, but also helps farmers, young people included, to set up in farming and develop their farms, making them profitable, prosperous, and a source of direct and indirect employment;
Amendment 113 #
2015/2327(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls the wide range of actions offered by the Erasmus+ programme, as well as its popularity and recognition by the general public, in particular as regards the mobility of students as part of their studies; calls on the Commission and the Member States to raise awareness about those parts of the Erasmus+ programme that are less well-known, such as the European Voluntary Service;
Amendment 120 #
2015/2327(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Commission and the Member States to complement the European Voluntary Service by not only achieving a positive impact on the employability of the participants, but also by achieving a positive impact on the local community in terms of fair working conditions;
Amendment 122 #
2015/2327(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Member States to prevent that participants of the European Voluntary Service are used as unpaid workers; to make sure that contracts are respected and to monitor the programme and the conditions under which volunteers work and the activities they are required to carry out;
Amendment 6 #
2015/2255(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,
Amendment 11 #
2015/2255(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.
Amendment 15 #
2015/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,
Amendment 34 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexisting phenomena of undeclared work, and bogus self- employment, outsourcing and subcontracting, which leading to an increase in precarious jobs and deterioratinge levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;
Amendment 69 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping, and delimitation of respective actions based on the provisions of the Treaty on the other; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 77 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 84 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 87 #
2015/2255(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to suspend such business practices asban precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter- box companies and flags of convenience in order to ensure the social protection of workers and to limit other forms of atypical employment having adverse impact on safety levels;
Amendment 88 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 92 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protectioArticle 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor the same work at the same place' for all European workers,kers of the Member States as regards employment, remuneration and other conditions of work and employment;
Amendment 104 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of ‘equal pay and social protection for the same work at the same place’ for all European workers;
Amendment 105 #
2015/2255(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for increased controls on the implementation of working time and rest time in transport; Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislationincluding inland waterway transport and railways;
Amendment 109 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the construction, catering, agriculture, health and transport sectors are those most frequently affected by social dumping; whereas the transport sector is a case apart, given the high mobility of workers;
Amendment 121 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 146 #
2015/2255(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU and Member States to extent these principles to cross-border services in the railway sector;
Amendment 152 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onall the Member States to ratify ILO Convention No. 81 on labour inspection;
Amendment 162 #
2015/2255(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport; An agency will furthermore stimulate equal-share participation of all Member States in cross-border enforcement;
Amendment 170 #
2015/2255(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the mandatory introduction of the new generation of 'smart tachograph' to all commercial vehicles engaged in cabotage and international transport, two years after newly registered vehicles are required to be equipped with it. This, has the solely effective means to control compliance with cabotage rules and determine the driver's habitual workplace;
Amendment 177 #
2015/2255(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the social dimension of the Aviation Package published by the Commission'Commission Aviation Strategy for Europe' published on 7 December 2015 must be strengthened as quality employment and good working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territoryoperating under an EU Member;
Amendment 181 #
2015/2255(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends pinning down the concept of 'principal place of business' so that the operating licence is granted by a state if the volume of air transport therein is substantial and also, in the context of the coordination of social security systems and labour law, alignment of the definition of 'Home Base' as per Regulation (EU) No 83/2014 and Regulation (EU) No 465/2012; highlights the need to shorten the transitional period and clarify the situation of aircrew that have multiple home bases;
Amendment 191 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry obetter and more efficient cooperation and exchange of information between Member States' administrations responsible for labour inspections and for distribution of social security contribut ion-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulds in order to detect in a timely and efficient ways cases of breach of labour and social law; calls on Member States to use all possibilities given by the Enforcement Directive on the posting of workers 2014/67/EU in order to identify and penalise 'letterbox companies'; recommends to the Commission to consider changing the Eurodetachement projects into a permanent platform of exchange, common training and collaboration for labour inspectors and public officials of liaison offices on Posting involved in control and monitoring, which could be included or work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 193 #
2015/2255(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislto ensure mandatory social protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; Tendering organizations for airlines having European operational bases and to improve the definiuthorities must include social standards and criteria in tender specifications of ‘homebase’ for crew members;n the basis of existing social standards in the place where the service is provided.
Amendment 198 #
2015/2255(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of national labour legislation for airlines operating under an EU Member State's Air Operator's Certificate and to update, harmonise and improve the definition of 'homebase' for crew members;
Amendment 241 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based onall the Member States to ratify ILO Convention No. 189 on decent work for domestic workers;
Amendment 311 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Member States for the efficient implementation and enforcement of Directive 96/71/EC and Directive 2014/67/EU, in order to ensure a fair treatment of posted workers and prevent abuses; stresses, however, the need for a continuing and detailed assessment of the effectiveness of the legal framework for the posting of workers;
Amendment 313 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;
Amendment 329 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarterarefully monitor the implementation of the Enforcement Directive on the posting of workers in terms of its effectiveness in combating the phenomenon of letterbox companies; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies as some of the provisions suggested could facilitate creation of this kind of entities;
Amendment 333 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 371 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the nodefinition of 'minimum wage'the terms and conditions of employment contained in Directive 96/71/EC should be revisclarified to ensure equal pay for posted workers and local workers in similar positions ; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 419 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;
Amendment 438 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway and rail transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes and that it is therefore possible that existing legislation is being evaded; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 457 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;
Amendment 462 #
2015/2255(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to set up a cooperation forum where prosecutors and law enforcement authorities can exchange information on best practices and cooperate more closely on improving implementation of social legislation in the field of road transport, at both national and transnational levels;
Amendment 493 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification; calls for clarity in this respect in order to make sure which terms and conditions of employment and administrative requirements should apply;
Amendment 504 #
2015/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. calls on the Commission to apply in a collective manner, to mobile personnel in road transport, Article 8(2) of Regulation (EC) No 593/2008 (Rome I) designed to ensure adequate protection for employees, as interpreted by the ECJ ruling on the Koelzsch case1a , as this would be the most effective way to fight social dumping in road transport; __________________ 1aC-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011, Heiko Koelzsch v État du Grand Duché du Luxembourg
Amendment 505 #
2015/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;
Amendment 515 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatory social and wage protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clartendering authorities must include mandatory social standards in tender specifications ofn the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periodsbasis of existing social standards in the place where the service is provided;
Amendment 548 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels (regardless of the flag it flies) providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workersMember State with which the seafarer's work is most closely connected;
Amendment 560 #
2015/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two or more European ports are built in Europe, fly an EuropeanEA flag and are owned by a European companycompany situated in the EEA and mainly manned by EEA-domiciled seafarers; calls for the law that is applicable to be associated with the country in which the vessel owner is basseafarers employment agreement to be governed by the Member State with which the seafarer's work is most closely connected;
Amendment 580 #
2015/2255(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Takes the view that existing social protection schemes should be adapted to fit the special characteristics of the digital and sharing economy to ensure appropriate social protection for the workers concerned;
Amendment 672 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CRecalls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors athat Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds the entire subcontracting chainat such a possibility was confirmed by the Enforcement Directive on the Posting of workers;
Amendment 676 #
2015/2255(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 699 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revianalysed before any trade agreement including provisions relating to 'Mode 4' can be concluded;
Amendment 702 #
2015/2255(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Asks the Commission to take the recommendations in this resolution into account as far as possible in the ‘worker mobility package’;
Amendment 19 #
2015/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the absence of a more recognisable branding for CLLD and ITI and encourages the Commission and the Member States to make both tools as visible and understandable as possible for their users, while avoiding any additional bureaucratic burden and making further efforts in simplifying rules and procedures;
Amendment 23 #
2015/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to create channels of communication with Member States and local agents and points out that CLLD and ITI will only achieve success with the commitment and ownership of all the stakeholders involved; calls on the Commission to establish a coordination unit for effective implementation of CLLD and ITI;
Amendment 35 #
2015/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential of the bottom-up approach of CLLD in creating job opportunities and encouraging sustainable rural development, and would welcomes the inclusion of urban areas in this mechanism;
Amendment 43 #
2015/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission, in view of the limited use of the European Social Fund within the method in question andfact that only 13 Member States has set- up CLLD funding schemes for the European Social Fund and given the absence of a centralised managing authority in most Member States, to use the mid-term review of the MFF to address the difficulties that have already been identified in the application of the instruments and to find sustainable solutions;
Amendment 1 #
2015/2223(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, in particular to Articles 1 and 34(3) thereof,
Amendment 7 #
2015/2223(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to its resolution of 20 October 2010 on the role of minimum income in combating poverty and promoting an inclusive society in Europe,1 a, __________________ 1a OJ C70E, 8.3.2012 p.8
Amendment 8 #
2015/2223(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to its resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child1 a, __________________ 1 a Texts adopted, P8_TA(2015)0070
Amendment 10 #
2015/2223(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 11 #
2015/2223(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the report of the UNICEF Innocenti Research Centre (2012) ‘Measuring Child Poverty: New league tables of child poverty in the world’s rich countries’1 a, __________________ 1 a http://www.unicef- irc.org/publications/pdf/rc10_fre.pdf
Amendment 12 #
2015/2223(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
Amendment 13 #
2015/2223(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the opinion of the European Economic and Social Committee of 15 June 2011 on the ‘European Platform against Poverty and Social Exclusion: a European framework for Social and Territorial Cohesion’1 a, __________________ 1a OJ C248, 25.8.2011, p.130
Amendment 15 #
2015/2223(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the opinion of the European Economic and Social Committee of 18 September 2013 on ‘For coordinated European measures to prevent and combat energy poverty’1 a, __________________ 1 a EESC 2013, TEN/516
Amendment 16 #
2015/2223(INI)
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
- having regard to the opinion of the European Economic and Social Committee of 10 December 2013 on ‘European minimum income and poverty indicators’1 a, __________________ 1 a OJ C170, 05.06.2014, p.23
Amendment 17 #
2015/2223(INI)
Motion for a resolution
Citation 16 d (new)
Citation 16 d (new)
- having regard to the opinion of the Committee of the Regions of 31 March 2011 on the European Platform against Poverty and Social Exclusion1 a, __________________ 1 a CdR 402/2010_ECOS_V_012
Amendment 19 #
2015/2223(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the opinion of the Social Protection Committee of 15 February 2011 entitled ‘The European Platform against Poverty and Social Exclusion: Flagship Initiative of the Europe 2020 Strategy’1 a, __________________ 1 a Opinionof the Social Protection Committee addressed to the Council, Council of the European Union, 649/11, SOC 124, 15 February 2011.
Amendment 22 #
2015/2223(INI)
Motion for a resolution
Recital A
Recital A
A. whereas between 20108 and 2013, the number of people at risk of poverty or social exclusion in the EU278 increased from 117 million to 121 million, of which the number of people severely materially deprived increased from 42 to 45 million, the number of people at risk of poverty after social transfers increased from 82 to 86 million; whereas this development runs counter to the EU target to reduce poverty by 20 million by 2020;; whereas in 2013 16.7% of the population of the European Union were at risk of poverty after social transfers, 9.6% were in a situation of serious material deprivation and 10.7% of households were considered to have low work intensity; (The objective of this amendment is to enable a comparison at EU28 level. The last section of the paragraph has been deleted, to be placed in a new recital.)
Amendment 28 #
2015/2223(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. having regard to Article 34(3) of the EU Charter of Fundamental Rights, which provides that in order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources;
Amendment 34 #
2015/2223(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. having regard to the strategic objective of the European Union that is defined in its Europe 2020 Strategy and which aims to reduce the number of people in or at risk of poverty and social exclusion by at least 20 million;
Amendment 37 #
2015/2223(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the conjunction of the financial and economic crisis, austerity measures, rising housing prices and falling households’ revenues have increased unemployment and social exclusion within the EU, especially among the most vulnerable groups of people, thereby increasing the burden on welfare services;
Amendment 39 #
2015/2223(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
A d. whereas certain groups in society, such as one-parent families, the elderly, minorities, people with disabilities and young people, are among the most vulnerable to be at risk of poverty;
Amendment 40 #
2015/2223(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
A e. whereas unemployment among young people, which is already higher than for other age groups, has exploded in the European Union since the crisis and is now running at over 20%, and whereas it has now reached a critical level in all the Member States, putting young people at risk of falling into poverty from a very early age; having regard to the Concluding Observations of the United Nations Committee on the Rights of the Child regarding the most recent periodic reports of certain European countries in relation to the increase in poverty and/or the level of risk of poverty for children as a consequence of the economic crisis; whereas this increase affects the rights to health, education and social protection;
Amendment 41 #
2015/2223(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
A f. whereas poverty, which has been at a high level in the Member States over very many years, has an ever more significant effect on the economy, damages economic growth, increases public budget deficits and reduces European competitiveness;
Amendment 59 #
2015/2223(INI)
Motion for a resolution
Recital C
Recital C
C. whereashaving regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, which calls on the Member States to develop programmes to raise awareness, and inform and advise individuals and households on energy efficiency;
Amendment 64 #
2015/2223(INI)
Motion for a resolution
Recital D
Recital D
D. whereas energy market prices are converging in Europe while purchasing power is not converging at the same rate; having regard to the increase in energy market prices for average-sized households in the EU-28 of 24% for electricity1a and of 28% for gas1b between 2010 and 2015; __________________ 1a http://ec.europa.eu/eurostat/tgm/table.do? tab=table&init=1&language=fr&pcode=te n00117&plugin=1 1b http://ec.europa.eu/eurostat/tgm/table.do? tab=table&init=1&plugin=1&pcode=ten0 0118&language=fr
Amendment 66 #
2015/2223(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas access to housing is a fundamental right that can be seen as a precondition to the exercise of, and to access to, other fundamental rights and to a life in conditions of human dignity; whereas guaranteeing access to assistance for decent and adequate housing is an international obligation incumbent on the Member States, to which the Union must have regard, given that the right of access to housing and to housing assistance is recognised in Article 34 of the Charter of Fundamental Rights of the European Union, Articles 30 and 31 of the revised European Social Charter adopted by the Council of Europe and Article 25 of the Universal Declaration of Human rights, as well as in many Member States’ constitutions;
Amendment 70 #
2015/2223(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas housing represents the most significant expenditure item for European households; whereas the rise in prices associated with housing (land, property, rents, energy consumption) constitutes a source of instability and anxiety and must be regarded as an issue of major concern;
Amendment 73 #
2015/2223(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas there is a shortage of social housing facilities, and an increasing need of affordable housing, in certain EU Member States;
Amendment 75 #
2015/2223(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas social housing plays an essential role in achieving the objective from the Europe 2020 Strategy of reducing poverty, because it contributes to guaranteeing high levels of employment and of social inclusion and cohesion, promotes occupational mobility and enables poverty to be combated;
Amendment 77 #
2015/2223(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas the crisis has had consequences for the conditions of access to housing for households, and for investment in social housing within the Union, whereas the public expenditure dedicated to investments in social housing has been greatly affected by this, and whereas this places an obligation on the Member States and the Union to act urgently so as to guarantee the right of access to decent and affordable housing;
Amendment 78 #
2015/2223(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
D f. whereas poverty and social exclusion remain a key social determinant of the state of health and living conditions, including life expectancy, in particular in view of the impact of child poverty on the health and well-being of children, and whereas the gap in terms of health between rich and poor remains significant as far as affordable access to health services is concerned, income and wealth, and continues to widen in certain areas, and whereas the gap in terms of health between rich and poor remains significant, in particular as far as affordable access to health services is concerned, and continue to widen in certain areas;
Amendment 79 #
2015/2223(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
D g. whereas the Social Protection Committee of the European Union, in its opinion of 20 May 2010, was concerned about the fact that the current economic and financial crisis could have negative effects on citizens’ access to healthcare and on the health budgets of the Member States;
Amendment 80 #
2015/2223(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
D h. whereas the current economic and financial crisis may have a severe impact on the healthcare sector in several EU Member States, on both the supply and the demand sides;
Amendment 81 #
2015/2223(INI)
Motion for a resolution
Recital D i (new)
Recital D i (new)
D i. whereas the restrictions caused by the current economic and financial crisis could be seriously detrimental to the long- term financial and organisational viability of the healthcare systems of Member States and, therefore, impede equality of access to care on their territories;
Amendment 82 #
2015/2223(INI)
Motion for a resolution
Recital D j (new)
Recital D j (new)
D j. whereas the combination of poverty and other forms of vulnerability, such as childhood or old age, disability or minority background, further increases the risks of health inequalities, and whereas, vice versa, ill health can lead to poverty and/or social exclusion,
Amendment 83 #
2015/2223(INI)
Motion for a resolution
Recital D k (new)
Recital D k (new)
D k. whereas, according to the latest figures from Eurostat, 21% of households in the EU-28 do not have Internet access and whereas 20% of 16 to 74 year-olds say that they have never used the Internet; whereas the Netherlands has the highest proportion of households which have Internet access (95%), while Bulgaria is at the bottom of the list, with 54% of households having Internet access;
Amendment 84 #
2015/2223(INI)
Motion for a resolution
Recital D l (new)
Recital D l (new)
D l. whereas the Digital Single Market is one of the 10 priorities of the new Commission and whereas, in future, 90% of jobs will require some degree of IT skills; whereas, while 59% of European citizens have access to the 4G network, in rural areas this percentage does not exceed the 15% mark;
Amendment 85 #
2015/2223(INI)
Motion for a resolution
Recital D m (new)
Recital D m (new)
D m. whereas a decent job remains the best way of staying clear of the risk of poverty and social exclusion, and whereas expertise in and access to information and communications technology are undeniable assets in the search for a job;
Amendment 86 #
2015/2223(INI)
Motion for a resolution
Recital D n (new)
Recital D n (new)
D n. having regard to the Resolution of the United Nations General Assembly of 28 July 2010 on ‘the human right to water and sanitation’1 a which recognises the right to safe and clean drinking water as a fundamental right essential to the full exercise of the right to life and of all human rights; ________________ 1a http://www.un.org/en/ga/search/view_doc. asp?symbol=A/RES/64/292&Lang=F
Amendment 98 #
2015/2223(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls onEncourages the Member States to sign up to a European winter heating disconnection moratorium so as to ensure that during a defined winter period no household can be cut off from energy or that those who are must be reconnected to energy needed for heating that meets World Health Organisation (WHO) standards for adequate housing temperature;
Amendment 112 #
2015/2223(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites the Commission to present in 2016 in the context of the announced social pillar an EU framework directive on adequate minimumEncourages the Member States to introduce systems guaranteeing a minimum income equivalent to 60% of the national median income;
Amendment 126 #
2015/2223(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Invites the Commission and the Member States to renew their commitment to reducing poverty by dedicating a Summit to the reduction of poverty and access to decent living standards;
Amendment 129 #
2015/2223(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Wishes the Commission to launch a consultation on the possibility of an initiative concerning the adequate minimum income which prevents poverty and serves as a basis for people to live in dignity, as stipulated in the European Parliament resolution of 15 November 20112 a; __________________ 2aThe EP Resolution of 15 November 2011 on the European Platform against Poverty and Social Exclusion
Amendment 130 #
2015/2223(INI)
Motion for a resolution
Subheading 2
Subheading 2
EU policies to meetachieve the antipoverty target
Amendment 131 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Finds regrettable that the EU2020 target to reduce poverty in Europe by lifting 20 million people out of poverty appears even further out of reach than when it was set; reiterates that one of the target groups is people that face severe material deprivation; calls on the Commission and the Member States to renew their commitment to the poverty reduction target by:e increase in the number of people at risk of poverty or social exclusion even though the Europe 2020 Strategy aims to reduce the number of people in or at risk of poverty and social exclusion by at least 20 million; (The last section is to be found in a new paragraph.)
Amendment 138 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
Amendment 143 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
Amendment 146 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – indent 3
Paragraph 5 – indent 3
Amendment 153 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – indent 4
Paragraph 5 – indent 4
Amendment 158 #
2015/2223(INI)
Motion for a resolution
Paragraph 5 – indent 5
Paragraph 5 – indent 5
Amendment 172 #
2015/2223(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a Council recommendation similar to the Youth Guarantee on tackling poverty in order to revive the poverty targeton the Member States, in the context of increasing poverty, to intensify their efforts to come to the aid of people at risk of poverty or social exclusion;
Amendment 178 #
2015/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s intention to present a new social pillar; recalls that to deliver on Article 9 TFEU, such a pillar should be aimed at setting a European framework for a minimum income above the poverty level, continuing with a rights- based approach to social policy and improving implementation of existing social, labour and anti-discrimination legislation in the context of economic and monetary union; recalls that to deliver on Article 9 of the Treaty on the Functioning of the European Union, such a pillar should take into account the requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health; considers that this new social pillar must enable the fulfilment of the Commission’s intention to give the Union a social triple A score;
Amendment 188 #
2015/2223(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 200 #
2015/2223(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to develop, adopt and implement an EU framework to reduce poverty and social exclusion in line with the Europe 2020 Strategy, consisting of concrete measures and actions, including energy poverty;
Amendment 231 #
2015/2223(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that an EU framework directive on minimum income should specify which criteria Member StTakes note of the opinion of the European Economic and Social Committee on ‘European minimum income and poverty indicators’, which argues that the European framework directive on an adequates’ minimum income schemes would need to meet so as to lift people out ofhould establish common standards and indicators, proverty; considers that such a framework would need to be rights-based, address the level of income, the non-discriminatory, efficient and easy acceside methods for the monitoring of its implementation and permit the participation of social partners, beneficiaries and othe r stake-up, targeting especially those groups, who currently are excluded from or at risk of exclusion fromholders in the establishment or reform of the national minimum income schemes;
Amendment 240 #
2015/2223(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that minimum income schemes should prevent and lift households out of severe material deprivation and allow for an income above the poverty threshold; recalls that a minimum income is a key instrument for delivering on Article 9 TFEU guaranteeing adequate social protection as well as on the fundamental right to decent living conditions, participating in society and protection of human healthbe accompanied, as advocated by the Economic and Social Committee in its opinion on the ‘European minimum income and poverty indicators’, by active labour-market policies aimed at helping people to find a decent job, by a reinforcement of the involvement of workers, unemployed people and all vulnerable social groups in life-long learning activities, as well as by an improvement in levels of professional qualifications and the acquisition of new skills which are able to accelerate integration into the employment market, to increase productivity and to help people to find a better job;
Amendment 258 #
2015/2223(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to address in a more balanced way both income and expenditure of poor households; points to shortcomings in addressing increasing household cost and considers the Commission’s work on a reference budget a step in the right direction; stresses that lowering household expenditure for poor households will impact positively on the concerned households as well as on the - mainly local - economy and on social cohesWelcomes the Commission’s work on a reference budget, which is a step in the right direction;
Amendment 269 #
2015/2223(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that poor households spend the largest share of their income on housing, utilities and food; stresses that one dimension of household expenditure of poor households – the cost of energy and the rfoodhealthcare, transport, energy requirements, water, school expenses, etc.; (Certain items delaeted issue of energy poverty lacks an in-depth assessment at Union level; calls on the Commission to improve internal cooperation so as to better link the energy policy and the poverty policy;here can be found in other paragraphs.)
Amendment 279 #
2015/2223(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that there is so far no definition of energy poverty at Union level and therefore it is very difficult to properly assess the seriousness, the causes and the consequences of energy poverty of poor households in the Union; calls on the Commission to develop with stakeholders a common definition of energy poverty which should aim at assessing at least the following elements: material scope, difficulty for a household to gain access to essential energy, affordability and share of total household cost, impact on basic household needs such as heating, cooling, cooking, lighting and transport;
Amendment 286 #
2015/2223(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that there is a lock-in effect as regards energy poverty, as poor households cannot afford the initial upfront investment needed to combat energya significant proportion of people affected by energy povertyare at risk of poverty and social exclusion and, as a consequence, have few or no financial means which would allow them to escape this type of poverty;
Amendment 298 #
2015/2223(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 303 #
2015/2223(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that targeting Union funding towardswith a view to reducing energy costs of poor households by investing in renewables or energy efficiency has multiple positive effects: at household level, it, in particular the improvesment of living conditions and of the health of those people concerned as well as decreasing, the reduction of household costs and therefore, which provides budgetary relief for poor families; at regional and local level, funding will provide for local investment; at Union level it helps to both decrease poverty,, the reduction of the number of people who are close to poverty or social exclusion in Europe, the improvement of energy efficiency and decrease energythe reduction of greenhouse gas emissions;
Amendment 319 #
2015/2223(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that targeting household costs relating to energy by supporting investment in energy efficiency and renewables is programmed into and therefore in principle possible under the ESI Funds 2014-2020investment in energy efficiency and renewables may be eligible under the scope of the ESI Funds 2014-2020, given the importance that they may have in reducing households’ energy costs;
Amendment 320 #
2015/2223(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 323 #
2015/2223(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 325 #
2015/2223(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls therefore on the Member States and the Commission to ease the use of cross- financing mechanisms especially between ESF and ERDF as regards renewable or energy efficiency projects targeting energy-poor households; stresses the multiple benefits of multi-fund programs to tackle crosscutting issues such as relating to energy poverty;
Amendment 327 #
2015/2223(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Draws attention to the major effort required of the EU and the Member States to reduce energy costs in household budgets, the former by ensuring security of supply to protect against major price fluctuations in the energy market, and the latter by strengthening their policies in support of household energy efficiency;
Amendment 333 #
Amendment 343 #
2015/2223(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States not to exempt the energy intensive industries from taxes, but to use these revenues forStates to put in place measures that benefit low-income households, including targeted energy efficiency measures and financing of social security systems, which can in turn reduce the burden on labour costs; considers that such an offsetting mechanism could be an integral element of a socially equitable tax shift as proposed by the Commission in the current employment guidelines;
Amendment 352 #
2015/2223(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. calls on the Member States to sign up to a European winter heating disconnection moratorium so as to ensure that during a defined winter period no household can be cut off from energy or that those who are must be reconnected to energy needed for heating that meets World Health Organisation (WHO) standards for adequate housing temperature; points out that such apoints out that a European winter heating disconnection moratorium aims to decrease excess winter mortality, supporting the most vulnerable groups, especially young children, the elderly and permanently sick and disabled people so as to protect, thus enabling their health and well-being; to be protected; (Certain items are referred to in other paragraphs.)
Amendment 360 #
2015/2223(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Housing and poverty (To be considered as a heading)
Amendment 361 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends to the Member States a proactive policy in relation to decent housing so as to ensure universal access to quality housing at an affordable cost or a preferential purchase price, since a lack of housing constitutes a serious affront to dignity, as well as a proactive energy policy strengthening the use of renewables and energy efficiency so as to combat energy poverty; calls, in the context of housing, for more attention to be paid to migrants, who are often exploited and forced to live in sub- standard housing; recalls Protocol 26 annexed to the Treaty of Lisbon, which concerns social housing, and calls for its provisions to be respected, in particular as regards the Member States’ freedom to organise social housing, including the question of financing; encourages the Member States to implement special housing programmes and opportunities for homeless people, with a view to guaranteeing the most basic living standards for the most vulnerable members of society;
Amendment 362 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c Recommends that the Member States expand the supply of quality social housing in order to guarantee access for all, and in particular for the most disadvantaged, to decent, affordable housing; considers that it costs society and the community more to rehouse people who have been evicted from their accommodation than it does to keep them there; invites the Member States to apply to the European Fund for Strategic Investments for the purposes of their qualitative and quantitative improvement projects in relation to their social housing offering, in view of the added value on a European level and the socio-economic benefits that they represent; recommends the implementation of policies for preventing evictions;
Amendment 370 #
2015/2223(INI)
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Poverty and access to healthcare (To be considered as a heading)
Amendment 371 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Recalls that equal access to high- quality universal healthcare is internationally recognised – especially within the EU – as a fundamental right;
Amendment 372 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Recalls that access to healthcare is very often limited as a consequence of financial or regional constraints (for example in sparsely populated regions), especially in relation to routine care (such as dental or optical care) and preventative measures relating thereto;
Amendment 373 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 g (new)
Paragraph 24 g (new)
24 g. Stresses that the combination of poverty and other forms of vulnerability, such as childhood or old age, disability or minority background, further increases the risks of health inequalities, and that ill health can lead to poverty;
Amendment 374 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 h (new)
Paragraph 24 h (new)
24 h. Stresses the importance of health and care services for bridging gaps relating to capabilities, through promoting people’s social integration and combating poverty and social exclusion;
Amendment 375 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 i (new)
Paragraph 24 i (new)
24 i. Welcomes the Commission’s Communication entitled ‘eHealth Action Plan 2012-2020: Innovative healthcare for the 21st century’, which puts in place additional initiatives, in particular with a view to improving access to health services, reducing health costs and ensuring greater equality between European citizens;
Amendment 376 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 j (new)
Paragraph 24 j (new)
24 j. Calls on the Commission and Member States to press ahead with their efforts to tackle socio-economic inequalities, which would ultimately make it possible to reduce some of the inequalities relating to healthcare; also calls on the Commission and the Member States, on the basis of the universal values of human dignity, liberty, equality and solidarity, to focus their attention on the needs of vulnerable groups such as people living in poverty;
Amendment 377 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 k (new)
Paragraph 24 k (new)
24 k. Calls on the Member States to solve problems of inequality in access to healthcare that affect people’s everyday lives, for example in the areas of dentistry and ophthalmology;
Amendment 378 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 l (new)
Paragraph 24 l (new)
24 l. Urges the Commission to do its utmost to encourage Member States to offer reimbursements to patients and to do everything necessary to reduce inequalities in access to medication for the treatment of those conditions or illnesses, such as post-menopausal osteoporosis and Alzheimer's Disease, which are not reimbursable in certain Member States, and to do so as a matter of urgency;
Amendment 379 #
2015/2223(INI)
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Information and communications technology and poverty (To be considered as a heading)
Amendment 380 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 n (new)
Paragraph 24 n (new)
24 n. Deplores that the Digital Single Market Strategy for Europe published by the Commission does not take account of the need to ensure universal, equal and unrestricted access to new digital technologies, markets and telecommunications, in particular with regard to people at risk of poverty or social exclusion;
Amendment 381 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 o (new)
Paragraph 24 o (new)
24 o. Encourages the Member States and the Commission to put in place strategies aimed at reducing the digital divide and promoting equal access to new information and communications technologies, in particular for people at risk of poverty and social exclusion;
Amendment 382 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 p (new)
Paragraph 24 p (new)
24 p. Water and poverty (To be considered as a heading)
Amendment 383 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 q (new)
Paragraph 24 q (new)
24 q. Recalls that the General Assembly of the United Nations recognises the right to clean and high-quality drinking water and to sanitation facilities as a human right that is essential for full enjoyment of the right to life;
Amendment 384 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 r (new)
Paragraph 24 r (new)
24 r. Recognises, however, that in certain regions, especially rural and remote regions, access to drinking water is not guaranteed;
Amendment 385 #
2015/2223(INI)
Motion for a resolution
Paragraph 24 s (new)
Paragraph 24 s (new)
24 s. Encourages, therefore, the Member States to do everything possible to ensure that all of their people have access to drinking water as soon as possible;
Amendment 12 #
2015/2222(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the development of the European Union and the European social model and the preservation of a strong social market economy in the European Union require a strengthening of democracy, including economic and social democracy;
Amendment 19 #
2015/2222(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the involvement of employees in the supervisory boards is a crucial step in the further democratisation of the economy, whereby this is not a matter of legislative burdens which may be tackled by cutting red tape and by deregulationof the various types of European undertakings should be the subject of discussions between the Commission and the social partners with a view to reaching an agreement which represents a real step forward in workplace democracy;
Amendment 29 #
2015/2222(INI)
Motion for a resolution
Recital D
Recital D
D. whereas forms of worker participation at company supervisory board level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social historical development15; whereas other forms of participation exist in the European Union and it is important to take account of national preferences regarding social dialogue; __________________ 15 http://fr.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/MAP-Board-level- representation-in-the-European-Economic- Area2Aline Conchon (2015) La voix des travailleurs dans la gouvernance d’entreprise: https://www.etui.org/Publications2/Reports /Workers-voice-in-corporate-governance.- A-European-perspective
Amendment 35 #
2015/2222(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the scope and intensity of social dialogue and worker participation vary greatly, but it has proved effective, and whereas the countries concerned are essentially economically successful ones;16 __________________ 16http://www.worker- participation.eu/About-WP/European- Participation-Index-EPIetween the Member States, effective social dialogue on all levels has proved key to balancing competitiveness and fairness during the past years;
Amendment 73 #
2015/2222(INI)
Motion for a resolution
Recital L
Recital L
Amendment 84 #
2015/2222(INI)
Motion for a resolution
Recital N
Recital N
N. whereas giving priority to the fundamental economic freedoms inof the European Union often leads to the erosion of the national worker representation, not only at supervisory board levelmust not adversely affect worker representation within undertakings;
Amendment 96 #
2015/2222(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the adoption of any further legislative actany regulation of worker participation at board level in the various kinds of European company law without the regulation of worker participation will lead to a further erosion of national rulesies must not aim to replace the existing rules concerning information and consultation;
Amendment 116 #
2015/2222(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission, in accordance with Article 154 TFEU, to consult social partners on the contents of any proposal on employee participation on supervisory boards in the various kinds of European companies and reiterates that social partners can inform the Commission of their willingness to engage in dialogue on this, as set out in Article 155 TFEU;
Amendment 126 #
2015/2222(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to consult the European social partners on the possibility of ensureing that provision is made for employee representation at supervisory board level in drafting all new EU legislative acts or revising existing ones in the context of European company law for the various kinds of European companies;
Amendment 131 #
2015/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements by an appropriate by making appropriate changes in the underlying European Treaties or acts;
Amendment 139 #
2015/2222(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States and the Commission to identify and address shortcomings in the existing European legislative framework in order to prevent potential circumventions of existing national forms of worker representation at supervisory board level;
Amendment 144 #
2015/2222(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Council, in the even to take into account the potential impact of new legislative actinitiatives, particularly in the area of European company law, to determine and publicise the impact on European and national forms of worker participation through an appropriatduring the impact assessment procedure and to take appropriate measures to counter any adverse consequences;
Amendment 163 #
2015/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider, together with European social partners, introduceing in the Directive on the European Company (SE) minimum EU rules governing employee representation on supervisory boards, rather than referring to national law or revising the Directive so that the involvement of workers in supervisory boards is not solely determined by conditions when a company is established, but account is also taken of subsequent developments and, in particular, changes in the number of employees;
Amendment 173 #
2015/2222(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to envisage, in agreement with the social partners, the introducetion in the Directive on mergers of limited liability companies minimum European rules for employee representation on supervisory boards, rather than referring to national legislation;
Amendment 184 #
2015/2222(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to envisage, in conjunction with the social partners, reviseing Directive 2004/25/EC of the European Parliament and of the Council of 21 April 200421 on takeover bids to ensure that the workers of a bidding company are also consulted, rather than just those of the company subject to the takeover bid; __________________ 21 OJ L 142, 30.4.2004, p. 12. OJ L 142, 30.4.2004, p. 12.
Amendment 217 #
2015/2222(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Recommends that this Directive should be applicable to all forms of company with a supervisory board at European level, i.e. account should be taken of public and private companies, partnerships and limited companies and also workers employed in the affiliated parent and subsidiary companiesEuropean company in the field of European corporate law;
Amendment 266 #
2015/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recommends, with respect to the number of worker representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries and affiliates with more than 50 employees25, that half the number of seats on the supervisory board should be reserved for workers or their representatives; __________________ 25In Sweden from 50 workthat the Commission take duly into account the opinion of the social partners.;
Amendment 171 #
2015/2147(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need to develop employee data protection measures which cover new forms of data collection (relations between humans and robots); draws attention to the health and safety at work aspect of relations between humans and robots;
Amendment 192 #
2015/2147(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the effects of digitalisation on health and safety at work need to be assessed and existing health and safety measures adapted accordingly; stresses particularly the issue of accidents that persons teleworking or crowdworking from home may suffer.
Amendment 12 #
2015/2107(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Communication from the Commission to the Council and the European Parliament transmitting the European framework agreement on harassment and violence at work (COM (2007) 686)5 a __________________ 5a JO C/2008/9/10
Amendment 13 #
2015/2107(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (P7_TA(2014)0012)
Amendment 16 #
2015/2107(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
Amendment 17 #
2015/2107(INI)
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
- having regard to the opinion of the Committee of Regions on An EU Strategic Framework on Health and Safety at Work 2014-2020 (ECOS-V-061)
Amendment 48 #
2015/2107(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas occupational health and safety can be considered an investment with positive effects on companies' productivity and competitiveness and thus can contribute to the economic recovery and to reaching the Europe 2020 objectives;
Amendment 60 #
2015/2107(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas labour inspections play an important role in the implementation process of occupational health and safety policies at regional and local level;
Amendment 99 #
2015/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace regardless of the size of the employer, the underlying contract or the Member State of employment; This includes employees from public services, such as the police;
Amendment 127 #
2015/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to define aind apply quantiticative reduction targets at EU level for occupational diseases and accidents at work following the 2016- review of the OSH strategic framework and to rely on the latest research findings when reviewing the framework;
Amendment 164 #
2015/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Member States should promote a culture of mutual trust, confidence and learning, where employees are encouraged to contribute to the development of safety while confidentiality is assured;
Amendment 177 #
2015/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Member States to incorporate quantitative and measurable targets into their national strategies, including regular and transparent reporting mechanisms on progress achieved;
Amendment 189 #
2015/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the importance of taking into account the situation, and specific needs and lack of compliance byof micro and small enterprises in the implementation of OSH measures at company level; encouragescalls on the Commission, EU-OSHA and the Member States to continue developing practical tools and guidelines, which improvwill facilitate the compliance of SMEs and micro enterprises with OSH requirements;
Amendment 191 #
2015/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the importance of taking into account the situation, specific needs and lack of compliance by micro and small enterprises as well as certain public service sectors, such as the police, in the implementation of OSH measures at company level; encourages the Commission, EU-OSHA and the Member States to continue developing practical tools and guidelines, which improve the compliance of SMEs with OSH requirements;
Amendment 199 #
2015/2107(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that the participation of workers and social partners at all levels, including in the workplace, is a prerequisite for the effective implementation of this strategy;
Amendment 203 #
2015/2107(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and social partners to take initiatives to upgrade the skills of health and safety representatives and managers; calls on the Commission to draw up guidelines for theMember States to support involvement of employees in implementing preventive OSH measures;
Amendment 238 #
2015/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates play a key role in enforcing workers' rights to a safe and healthy working environment; calls on the Member States to follow the ILO recommendation of a minimum of one labour inspector per 10 000 workers and to increase staffing and resources available to labour inspectorates; welcomes the cross border cooperation between labour inspectorates in the Senior Labour Inspectors Committee (SLIC);
Amendment 239 #
2015/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates play a key role in enforcing workers’ rights to a safe and healthy working environment; calls on the Member States to follow the ILO recommendation of a minimum of one labour inspector per 10 000 workers and to increase staffing and resources available to labour inspectorates; and improve training for labour inspectors, as recommended by the European Economic and Social Committee in its opinion4a on this subject; __________________ 4a SOC/512
Amendment 241 #
2015/2107(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points to the role played by statutory social insurers in improving health and safety at work, the promotion of a holistic prevention approach and other activities encouraging the employers to improve their occupational risks management, including through the implementation of a systematic risk prevention programme based on risk assessment;
Amendment 264 #
2015/2107(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points to the importance of protecting workers against exposure to carcinogens, mutagens and substances that are toxic to reproduction; calls on the Commission to present a proposal for a revision of Directive 2004/37/EC adding more binding occupational exposure limit values and in cooperation with the Advisory Committee on Safety and Health at Work to develop an assessment system that can be used to assess binding occupational limit valuesmust be based on clear and explicit criteria;
Amendment 271 #
2015/2107(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the promotion of a prevention culture; stresses the need to promote awareness-raising of OSH in education, apprentices and training; stresses the importance of local and regional institutions in the development of a prevention culture;
Amendment 298 #
2015/2107(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission's engagement in the EU Strategic Framework on Health and Safety at Work 2014-2020 to improve the prevention of work-related diseases especially in the fields of nanotechnology and biotechnology; Highlights the uncertainty about the distribution and use of nanomaterials and believes that further research on the OSH risks associated with nanotechnology is needed;
Amendment 304 #
2015/2107(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the increasing use of smart collaborative robots, for example, in industrial production, manufactory, hospitals and retirement homes; therefore calls on the Commission to assess the actual health and safety situation regarding the use of direct human robot interaction at the workplace and, if necessary, to take further action to guarantee safety at the workplace;
Amendment 307 #
2015/2107(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Draws attention to the potential risk of digitalisation, especially regarding working time and work organisation and points to the risk of increased stress; therefore calls on the Commission to collect more data on the potential risks of digitalisation on occupational health and safety;
Amendment 320 #
2015/2107(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Draws attention to the issue of mobbing and its possible consequences on psychosocial health, for instance increased stress, absenteeism and depression; draws attention to the aspect of physical violence that mobbing can also have; therefore calls on the Commission to present a legal act based on the framework agreement on harassment and violence at work;
Amendment 330 #
2015/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to adopt a targeted approach to improve the health and safety situation of workers ineliminate precarious employmentwork and to take into account the negative effects that precarious employmentwork has on occupational health and safety when addressing this issue in general; Recalls that labour inspectorates perform a key role in identifying and deterring undeclared work and that social insurances play an important role in that every worker has a right to appropriate coverage;
Amendment 335 #
2015/2107(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to design appropriate measures to address the aging of the workforce, emerging new risks, and prevention of new generation work related and occupational diseases; Furthermore calls on Member States to promote rehabilitation and reintegration measures by implementing results of the European Parliament pilot project on the older workers; Stresses that extension of working life, which might occur due to current demographic changes, will require appropriate working conditions;
Amendment 339 #
2015/2107(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Welcomes the Commission's intention to establish a network of OSH professionals and scientists in order to better address future challenges;
Amendment 347 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Draws attention to the high risks in the manufacturing and construction sectors, which remain an important concern due to the high number of accidents in these sectors and should therefore continue to be addressed ;
Amendment 355 #
2015/2107(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to improvenvolve national experts in the improvement of the collection of reliable and comparable data on occupational diseases and occupational exposures with a view to identifying best practices and creating a common database on occupational exposures;
Amendment 357 #
2015/2107(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to improve the collection of reliable and comparable data on occupational diseases and occupational exposures, across all sectors including the public sector, with a view to identifying best practices and creating a common database on occupational exposures;
Amendment 361 #
2015/2107(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Draws attention to work related road safety, especially commuting accidents, due to the high mobility of workers and calls on the Commission and Member States to collect more data about accidents on the way to and from work;
Amendment 365 #
2015/2107(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on the Commission, the European Agency for Safety and Health at Work (EU-OSHA) and the Member States to collect data on the effects that the crisis may have had on occupational health and safety, including accidents and work-related diseases, with a focus on psycho-social risks, also in public sectors such as the police, who are exposed to high risks every day;
Amendment 69 #
2015/2103(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. points out that using robots and/or replacing workers with robots will have consequences for social security systems; points out that the consequences for pension systems may lead to poverty among the elderly in the long term;
Amendment 73 #
2015/2103(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. highlights the increasing use of smart, collaborative robots, for example in industrial production, hospitals and retirement homes; calls on the Commission and the Member States to identify potential occupational health and safety risks stemming from technological innovations and take appropriate measures to counter them;
Amendment 76 #
2015/2103(INL)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. points to so-called crowdworking; calls on the Commission to look into this new form of employment and to examine to what extent social security systems and applicable labour law will need to be adjusted to provide appropriate protection for crowdworkers;
Amendment 66 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, in consultation with the Member States, to set up a system to speed up diploma equivalence and the recognition of skills, thereby helping refugees and migrants to integrate socially; maintains that refugees and migrants must receive language training as soon as they arrive in the country to which they have been relocated, as well as the medical and psychological support services available to asylum seekers and refugees;
Amendment 69 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that access to the labour market is fundamental to integrating refugees and maintaining their dignity; welcomes the efforts made by some Member States to reduce the time which elapses before refugees can enter the labour market in the context of the transposition of Directive 2013/33/EU1; __________________ 1 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection.
Amendment 12 #
2015/2007(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that digitalisation has a substantial impact on the labour market by modifying job dynamism, creating new job opportunities and more flexible working conditions such as telecommuting or teleworking which could serve as a an effective tool for better reconciliation of professional and domestic duties for both women and men;
Amendment 13 #
2015/2007(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Points out that only 20% of 2.7 million people working in the ICT sector are women, they are underrepresented at all levels in the ICT sector, especially in decision-making positions;
Amendment 15 #
2015/2007(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Stresses the importance of improving digital skills and IT-literacy among women and boosting their inclusion into ICT, which is one of the highest paying sectors, which could contribute to women's financial empowerment and independence resulting in the reduction of the total gender wage gap and future pension gap;
Amendment 31 #
2015/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that the ICT sector is characterised by both vertical and horizontal segregation which is even higher that the other sectors, as well as a gap between women's educational qualifications and their position in the ICT sector; whereas the majority (54 per cent) of women employed in ICT sector occupy lower paid and lower skill-level positions and only a small minority of them (8 per cent) are in the high skill software engineer positions; whereas women are also underrepresented in the decision-making within this sector with only 19,2 per cent of ICT sector workers having female bosses compared to 45,2 per cent of non-ICT sector workers;
Amendment 46 #
2015/2007(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the fact that some Member States (Germany, Spain, Sweden) initiated policies to encourage a positive gender balance within Europe's ICT professions, and these policies are primarily aimed at promoting ICT-related studies and career paths for girls and women from an early age;
Amendment 94 #
2015/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that women over 55 are more likely to have depreciated e-skills due to the lack of life-long learning and that digitalization constitutes an important barrier for older job seekers with limited e-skills, calls on the Commission and the Member States to support life-long learning as well as training and schemes which prepare for a better adaptation or a potential change of career path according to the growing demand for e-skills in many different sectors with a special regard to women over 55 in order to safeguard them from the exclusion from the labour market;
Amendment 94 #
2015/2005(INI)
Motion for a resolution
Subheading 2
Subheading 2
General principles: modal shift and co- sustainable multimodality
Amendment 111 #
2015/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the development of passenger and freight transport is largely dependent on the effective use of the various modes of transport, and that European transport policy should therefore be based on efficient co-modalitya multimodal approach giving clear priority to sustainable transport modes; believes that this will lead to an optimal reallocation between the different transport modes, and will provide for interoperability within and between the modes, promote more sustainable transport and logistics chains and enhance seamless traffic flows across modes and nodes;
Amendment 170 #
2015/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the European Fund for Strategic Investments (EFSI) proposed by the Commission as part of the Juncker Investment Plan for Europe should give priority to sustainable transport infrastructure projects that deliver high societal and economic value, and target projects that promote job creation, long- term growth and competitiveness;
Amendment 199 #
2015/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the deployment of intelligent transport systems is necessary to allow a more efficient use of the existing infrastructure and vehicles, and provide additional capacity without the time, cost and land- take required for the construction of new infrastructure; adds that intelligent transport systems contribute to safety and sustainable transport, and underlines the importance of ensuring interoperability between intelligent transport systems to enable seamless traffic flows across modes and nodes;
Amendment 218 #
2015/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of promoting electro-mobility and electric public transport systems, coupled with the introduction of renewable energy sources in the electricity sector, giving priority to the electrification of the rail network, tramways, electric buses (including trolleybuses), electric cars and e-bikes; stresses the potential of modern aerial tramways (cable cars), as an inexpensive and easy-to-build means of transportation, to expand the capacity of urban public transport systems;
Amendment 234 #
2015/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that public transport usage in urban areas is not clearly stated among the ten goals of the White Paper; believes that a new goal should be set of doubling public transport use in urban areas by 2030, while providing for facilities and infrastructure to facilitate door-to-door mobility of pedestrians, cyclists and elderly or handicapped people; a clear goal should be also set to double cycling by 2025; stresses that these goals need enormous investments in urban public transport infrastructure, and therefore calls on the Commission to establish an adequate funding scheme;
Amendment 261 #
2015/2005(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that better transport data, in particular on walking and cycling, is needed in national and Eurostat transport modal split statistics to measure the impact of interventions, and expects a legislative proposal before 2018;
Amendment 277 #
2015/2005(INI)
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
- a proposal to review the General Safety Regulation (661/2009) and the Pedestrian Protection Regulation (78/2009) in 2016, to establish mandatory rules for Heavy Goods Vehicles (HGVs) direct vision, crash performance and pedestrian protection as well as the mandatory application of innovative technologies such as Automated Emergency Braking and Advisory Intelligent Speed Assistance (ISA) system for all vehicles; calls on the Commission to prioritise Vulnerable Road Users,
Amendment 316 #
2015/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need to complete the established legislative framework for passenger rights with measures covering passengers on multimodal journeys, respecting fair inter-modal competition; calls for initiatives to promote integrated traveller information and cross-border intermodal ticketing; asks for measures to improve the quality of transport for elderly people, passengers with reduced mobility and disabled passengers, including better and barrier-free accessibility of infrastructure and rolling stock, allowing the carriage of baby carriages and bicycles;
Amendment 380 #
2015/2005(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for an enhanced research and technology agenda for the transport sector; considers that this agenda should be drawn up in cooperation with all relevant stakeholders, citizens and representatives of users and inhabitants in order to understand the needs of the sector and, accordingly, improve the allocation of EU funding; takes the view that priority should be given to projects to decarbonise transport, increase research and innovation projects on active mobility modes such as walking and cycling, the transparency of the supply chain, enhance transport safety and security, improve traffic management and reduce administrative burdens;
Amendment 381 #
2015/2005(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Considers that, in the pursuit of these objectives, this programme must pay particular attention to disruptive technologies in the field of transport, namely automated or remote-controlled vehicles such as drones or driverless vehicles;
Amendment 389 #
2015/2005(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the view that the EU must maintain its leading role in the global efforts to reduce transport emissions in the framework of the 2015 Paris Climate Conference (COP21), by promoting further the development of public transport and sustainable transport modes;
Amendment 443 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 5
Paragraph 25 – indent 5
– swift adoption by the Council of its common position on the revision of Regulation 261/2004 and Regulation 2027/97 on air passenger rights, as well as the revision of Regulation 95/93 on the allocation of slots;
Amendment 456 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 1
Paragraph 26 – indent 1
– national policy frameworks aimed at the development of the market as regards alternative fuels (natural gas, hydrogen, sustainable biofuels, including molasses- based ethanol) and electric carvehicles of all types, and the deployment of the relevant refuelling/recharging infrastructure,
Amendment 467 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 1 a (new)
Paragraph 26 – indent 1 a (new)
- an EU roadmap for cycling to be included in the next Commission Work Programme 2016,
Amendment 473 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 2 a (new)
Paragraph 26 – indent 2 a (new)
- the establishment of a structure to ensure better coordination and proper implementation of EU legislation, as well as to promote standardisation,
Amendment 492 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 5 a (new)
Paragraph 26 – indent 5 a (new)
- an initiative by the Commission to ensure realistic and reliable test procedures for the real CO2 emissions behaviour of cars as requested by the Regulation (EC) No 333/2014 and the Regulation (EU) No 253/2014, with the view to amending the currently used 'New European Driving Cycle' and to ensuring its representativeness regarding real driving conditions and to avoid the underestimation of real CO2 emissions and fuel consumption,
Amendment 511 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 6 a (new)
Paragraph 26 – indent 6 a (new)
- a framework assuring interference-free radio frequencies to guarantee operation and enforcement of driving and rest times of road transport workers, road charging, road trains and future ITS applications,
Amendment 522 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 1
Paragraph 27 – indent 1
– a balanced approach towards the opening-up of the domestic rail passenger market, respecting the various railway structures, while ensuring the quality of services and, public service obligations, territorial cohesion, maintaining non- profitable connections and promoting high social working conditions standards,
Amendment 525 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 1 a (new)
Paragraph 27 – indent 1 a (new)
- a quick adoption of the Technical Pillar and the Fourth Railway Package in general, in order to ensure the highest possible level of safety and interoperability and to underline the central role of the European Railway Agency,
Amendment 534 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 1 a (new)
Paragraph 27 – indent 1 a (new)
- all necessary actions by the Member States, the European Commission and rail stakeholders to accelerate the implementation of Shift2rail, in order to increase the attractiveness of rail transport solutions,
Amendment 13 #
2015/0310(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Having regard to the impact of the temporary reintroduction of internal border controls in the Schengen area on cross-border road transport, the tourist industry and commuters, resulting in significant economic costs for businesses and consumers in the Single Market area, it is necessary to safeguard the functioning of the Schengen area and to reinforce the management of the external borders by building on the work of Frontex and further developing it into an Agency with a shared responsibility for the management of the external borders.
Amendment 14 #
2015/0310(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) Having regard to the importance of the Schengen area as a complement to the Single Market area and to the estimated cost of the reintroduction of systematic border checks of EUR 3.4 billion a year1a for the EU road transport sector, of EUR 2.6 billion a year for passenger land transport, and of EUR 5 to EUR 18 billion a year1b for the EU economy as a whole, it is necessary to safeguard the functioning of the Schengen area and to reinforce the management of the external borders by building on the work of Frontex and further developing it into an Agency with a shared responsibility for the management of the external borders. __________________ 1aDraft Study of the Internal Market Committee of the European Parliament on the cost of non-Schengen from 22 February 2016. 1bCommunication COM(2016) 85 final on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration from 10 February 2016.
Amendment 289 #
2015/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Since unmanned aircraft also operate within the airspace alongside with traditionalmanned aircraft, this Regulation should cover such aircraft, regardless of their operating mass. Technologies for unmanned aircraft now allow for a wide range of operations possible that should be subject to rules that are proportionate to the risk of the particular operation or type of operations.
Amendment 310 #
2015/0277(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist, where appropriate, the Member States and industry in its implementation. It should be able to issue certification specifications and guidance material and to make technical findings and issue certificates or register declarations as required.
Amendment 326 #
2015/0277(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States should be consulted. Furthermore, where rules could have importantoccupational health and safety and/or social implications, stakeholders, including Union social partners, should be appropriately consulted and the implications should be properly addressed in the Regulatory Impact Assessment when the Agency prepares corresponding draft rules.
Amendment 363 #
2015/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation.
Amendment 492 #
2015/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation license.
Amendment 497 #
2015/0277(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Those attestationlicences shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article 25 to ensure compliance with the essential requirements referred to in Article 19 on theoretical knowledge, practical skill and medical fitness.
Amendment 502 #
2015/0277(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
Aircrew Training Organisations shall not receive Financial revenue from the trainee when providing training on aircraft carrying passengers or cargo.
Amendment 512 #
2015/0277(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 541 #
2015/0277(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes, personnel involved in and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII and, if applicable, Annex VIII.
Amendment 568 #
2015/0277(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29be subject to certification and shall be issued with a certificate.
Amendment 582 #
2015/0277(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Personnel involved in ground handling and apron management services at aerodromes shall be subject to an EU certification and shall be issued with a license under the responsibility of the National Aviation Authorities. Those licenses shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established to ensure compliance with the essential requirements referred to in Article 29 on theoretical knowledge and practical skills.
Amendment 639 #
2015/0277(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving adequate high uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft shall be subject to certification. Certificates shall be issued upon application, where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 47 to ensure compliance with the essential requirements referred to in Article 45. The certificate shall specify the safety-related limitations, operating conditions and privileges.
Amendment 650 #
2015/0277(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the markingndatory marking, registration and identification of unmanned aircraft;
Amendment 696 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or a Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied and demonstrated that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof, and has the necessary resources to do so.
Amendment 701 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons, including all relevant stakeholders, concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted onduring the establishment of that transition plan, and again before it is finalised. It shall carry out jointly with the Agency or with the other Member State, where applicable, and in consultation with relevant stakeholders, an impact assessment. The transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment.
Amendment 757 #
2015/0277(COD)
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Where the duration of the measures referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has taken the same measures repetitively and their total duration exceeds eight months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 766 #
2015/0277(COD)
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Where the duration of the exemptions referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has granted the same exemptions repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 781 #
2015/0277(COD)
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
(ma) safety reports submitted to the Agency Under Regulation (EU) 376/2014;
Amendment 783 #
2015/0277(COD)
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3a. The agency shall collect safety reports and store them in an anonymously manner and make them publicly available.
Amendment 800 #
2015/0277(COD)
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 2
Article 65 – paragraph 4 – subparagraph 2
The Agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in Article 60(1). In such a case, the Agency shall immediately notify the Commission and the Member States, through the repository established under Article 63, of the exemptions granted, the reasons for granting them and, where applicable, the necessary mitigation measures applied. Where the duration of an exemption exceeds eighttwo consecutive months or where the Agency has granted the same exemption repetitively and their total duration exceeds eighttwo months, the Commission shall assess whether those conditions have been met, and where it considers that this is not the case, it shall adopt an implementing decision to that effect, which shall be published in the Official Journal of the European Union and entered into the repository established under Article 63. The Agency shall immediately revoke the exemption upon the notification of that implementing decision.
Amendment 822 #
2015/0277(COD)
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
1. The Commission mayshall, at the request of the Agency, impose on an legal or natural person to whom it has issued a certificate, or who has made a declaration to it, in accordance with this Regulation, either one or both of the following:
Amendment 890 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3a. The Agency shall address security in the impact assessment and all phases of the rulemaking process.
Amendment 951 #
2015/0277(COD)
Proposal for a regulation
Article 104 – paragraph 1 – subparagraph 2 – point b
Article 104 – paragraph 1 – subparagraph 2 – point b
(b) whenever necessary, involve experts from relevant interested parties or draw on expertise from the relevant European standardisation bodies or other specialised bodies;
Amendment 960 #
2015/0277(COD)
Proposal for a regulation
Article 109 – paragraph 1 – point c
Article 109 – paragraph 1 – point c
Amendment 1003 #
2015/0277(COD)
Proposal for a regulation
Article 123 – paragraph 1 – point 4
Article 123 – paragraph 1 – point 4
Regulation (EC) 1008/2008
Article 13
Article 13
Amendment 1008 #
2015/0277(COD)
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Regulation 376/2014
Article 3 – paragraph 2
Article 3 – paragraph 2
However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted in a fatal or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1068 #
2015/0277(COD)
Proposal for a regulation
Annex VII – point 4 – point 4.1 a (new)
Annex VII – point 4 – point 4.1 a (new)
4.1a. Personnel involved in ground handling and apron management services at aerodromes must be trained and checked on a regular basis to attain and maintain an adequate level of competency in order to perform their assigned safety duties.
Amendment 1080 #
2015/0277(COD)
Proposal for a regulation
Annex VIII – point 6 – point 6.2 a (new)
Annex VIII – point 6 – point 6.2 a (new)
Amendment 1085 #
2015/0277(COD)
Proposal for a regulation
Annex IX – point 1 – point a
Annex IX – point 1 – point a
(a) A person operating the unmanned aircraft must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security or environmental protection. The person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes being familiar withgood knowledge of the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures.
Amendment 1088 #
2015/0277(COD)
Proposal for a regulation
Annex IX – point 1 – point b
Annex IX – point 1 – point b
(b) An unmanned aircraft must be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions for which the aircraft was designed.
Amendment 1090 #
2015/0277(COD)
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessary tTo mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs tThose features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that functional prerequisites required for safe operations, including collision avoidance, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.
Amendment 93 #
2015/0051(NLE)
Recital 8 a (new)
(8a) The realisation of the Europe 2020 strategy in the employment and social area remains a key objective of Member States’ employment policy.
Amendment 108 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 1
Member States should facilitate quality job creation, reduce barriers for business to hire people, promote entrepreneurship and in particular support the creation and growth of small enterprises in order to increase the employment rate of women and men. Member States should also actively promote green, white and blue jobs and the social economy and foster social innovation.
Amendment 116 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 2
The tax burden should be shifted away from labour to other sources of taxation that are less detrimental to employment and growth, for instance to environmental pollution, capital or consumption, while protecting revenue for adequate social protection and growth enhancing expenditures. Reductions in labour taxation should be aimed at the relevant components of the tax burden and at removing barriers for employers and disincentives to labour market participation, in particular for those furthest away from the labour marketcluding jobs that are not adapted to people with disabilities and difficulties in reconciling work and private life, in particular for those furthest away from the labour market, while duly respecting existing protection standards and labour law.
Amendment 127 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 3 a (new)
Member States should work on cutting red tape in order to ease the burden on small and medium-sized enterprises, as they contribute significantly to job creation.
Amendment 148 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 2
High unemployment should be tackled and long-term unemployment prevented. The number of long-term unemployed should be significantly reduced by means of comprehensive and mutually reinforcing strategies, including the provision of specific active support to long-term unemployed to return to the labour market. The youth unemployment needs to be comprehensively addressed, including not only investments, but also by equipping the relevant institutions, for instance public employment services, youth organisations and educational and vocational training institutions, with the necessary means to fully and consistently implement their national Youth Guarantee Implementation Plans.
Amendment 151 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 2 a (new)
Member States should take into consideration local and regional disparities in drawing up and carrying out measures against unemployment and work together with local employment services.
Amendment 157 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 3 a (new)
Member States should gear their training systems more closely to the labour market with a view to better transition from training to employment. In particular in the context of digitisation, and in terms of new technologies, green jobs and health care, that is essential.
Amendment 162 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 4
Barriers to labour market participation should be reduced, especially for women, older workers, young people, the disabled and legalpersons with a disability and migrants. Gender equality including equal pay must be ensured in the labour market as well as access to affordable quality early childhood education and care.
Amendment 182 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 1
Member States should reduce labour market segmentation. Employment protection rules and institutions should provide a suitable environment for recruitment while offering adequate levels of protection to those in employment and those seeking employment or working part-time or employed on temporary contracts, atypical contracts or independent work contracts. Quality employment should be ensured in terms of socio-economic security, education and training opportunities, working conditions (including health and safety) and work-life balance. In order to make labour markets function better, Member States should also tackle undeclared working.
Amendment 194 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 2
Member States should closely involve National Parliaments and social partner, social partners, civil society representatives and national, regional and local authorities in the design and implementation of relevant reforms and policies, in line with national practices, while supporting the improvement of the functioning and effectiveness of social dialogue at national level.
Amendment 205 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 4
Mobility of workers should be ensured with an aim ofcouraged in order to exploiting the full potential of the European labour market to the full, including by enhancing the portability of pensions and the recognition of qualifications, social protection and the elimination of red tape. Member States should at the same time guard against abuses of the existing rules and social dumping. In border regions in particular, Member States should make use of the EURES network in order to encourage worker mobility.
Amendment 214 #
2015/0051(NLE)
Annex 1 – section 4 – title
Ensuring fairnesssocial justice, combatting poverty and promoting equal opportunities
Amendment 223 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 1
Member States should modernise their social protection systems to provide effective, efficient, and adequate protection throughout all stages of an individual’s life, ensuring fairness and addressing inequalities. There is a need for simplified and better targeted social policies complemented by affordable quality childcare and education, training and job assistance, housing support and accessible health care, access to basic services such as bank account and Internet and for action to prevent early school leaving and fight social exclusion and poverty, including extreme forms of poverty such as, for example, homelessness.
Amendment 230 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 3
The pension systems should be reformed in order to secure their sustainability and adequacy for women and men in a context of increasing longevity and demographic change, including by linking statutory retirement ages to life expectancy, by increasing effective retirement ages, and by developing complementary retirement savingwith reforms providing for consolidation of the three pillars of retirement savings systems, but taking account of differences and disparities in life expectancy and working conditions between occupations.
Amendment 243 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 4
Member States should improve the accessibility, affordability, efficiency and effectiveness of healthcare and long term care systems and welfare services, while safeguarding fiscal sustainability.
Amendment 245 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 4 a (new)
Member States should make a full use of European Social Fund and other Union funds support in order to fight poverty, social exclusion and discrimination, improve accessibility for persons with disabilities to promote equality between women and men and improve public administration.
Amendment 6 #
2015/0026(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to address the budgetary constraints faced by Member States at the initial stage of the programming period and, taking into account the urgent need to address youth unemployment and the specific features of the YEI, it is appropriate to lay down provisions in order to complement Regulation (EU) No 1303/2013, with a view to increase the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015. To ensure that Member States have sufficient means to provide payments to beneficiaries responsible for the implementation of operations that target youth unemployment, an additional initial pre-financing amount from the specific allocation for the YEI should be paid in 2015 for operational programmes supported by the YEI, in order to complement the pre-financing amounts paid in accordance with Regulation (EU) No 1303/2013. In order to enable a prompt implementation of the operational programmes supported by the YEI, the Commission should commit itself to pay the pre-financing amount to the Member States immediately after the entry into force of this Regulation.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 77 #
2015/0009(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to cover the risks related to the EU guarantee to the EIB, a guarantee fund should be established. The guarantee fund should be constituted by a gradual payment from the Union budget. The guarantee fund should subsequently also receive rRevenues and repayments from projects that benefit from EFSI support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the EIB should be used to fund rail infrastructure grants in accordance with Regulations (EU) Nos 1316/2013 and 1315/2013.
Amendment 78 #
2015/0009(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Over time, the Union budget's contribution to the guarantee fund should be authorised by the European Parliament and the Council as part of the annual budgetary procedure. In the process, if necessary, the budgetary authority should make use of all surpluses and flexibility mechanisms under the Regulation laying down the multiannual financial framework for the years 2014- 2020.
Amendment 79 #
2015/0009(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) So that available margins, unused resources, surpluses and other funding sources referred to in Article 8 of the Regulation can be used outside heading 1a of the 2014-2020 multiannual financial framework, too, the budget lines accommodating the European guarantee fund should be divided up among headings 1a, 1b and 2.
Amendment 80 #
2015/0009(COD)
Proposal for a regulation
Recital 28 c (new)
Recital 28 c (new)
(28c) Financing of the guarantee fund, as regards both commitments and payments, must be reassessed at the end of 2016 as part of the mid-term review of the multiannual financial framework (under Article 2 of Council Regulation (EU, Euratom) No 1311/2013). Amounts taken from the budget until then, from existing programmes under heading 1a, 1b or 2, must be reinstated in full.
Amendment 81 #
2015/0009(COD)
Proposal for a regulation
Recital 28 d (new)
Recital 28 d (new)
(28d) In connection with the mid-term review of the multiannual financial framework under Article 2 of Council Regulation (EU, Euratom) No. 1311/2013, the Commission must ensure that the EU guarantee is reliably funded, taking account of the possibility of making a percentage adjustment to the performance reserve under Articles 20 and 22 of general Regulation (EU) No 1303/2013, in order to put unused funds to profitable use. A minor percentage adjustment to the reserve could facilitate reliable funding of the guarantee fund, attracting investors and generating added value for the European economy.
Amendment 82 #
2015/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 101 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
The EFSI Agreement shall provide that remuneration attributable to the Union from EFSI supported operations shall be provided following the deduction of payments due to calls on the EU guarantee and, subsequently, costs in accordance with the third subparagraph of paragraph 2 and with Article 5(3) in order to fund rail infrastructure grants in accordance with Regulations (EU) Nos 1316/2013 and 1315/2013 and with the TEN-T annual work programmes.
Amendment 102 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
The EFSI Agreement shall provide that remuneration attributable to the Union from EFSI supported operations shall be provided for grants for railway projects in accordance with regulation (EU) Nr. 1316/2013 and regulation 1315/2013 as well as the annual TEN-T working programs, following the deduction of payments due to calls on the EU guarantee and, subsequently, costs in accordance with the third subparagraph of paragraph 2 and with Article 5(3).
Amendment 107 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The Commission shall be empowered to adopt the EFSI Agreement by means of a delegated act in accordance with Article 17 of this Regulation.
Amendment 130 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital infrastructure; transport infrastructure projects shall be selected in accordance with the objectives and criteria under Regulation (EU) No 1316/2013 and shall be in keeping with Regulation (EU) No 1315/2013 and the annual work programmes for TEN-T corridors;
Amendment 144 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) investment in education and training, health, research and development, information and communications technology and innovation; 25% of research projects should be accommodated within small and medium- sized enterprises;
Amendment 162 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) payments from the general budget of the Unioncontributions from the general budget of the Union which are provided each year as part of the budgetary procedure by the budgetary authority, drawing on all provisions of Council Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020, with account being taken of the following order: (i) Union budget surpluses; (ii) unused margins, including global margins for payments and commitments; (iii) the flexibility instrument; (iv) if necessary, available or unused funds within heading 1b of the multiannual financial framework; (v) if necessary, available or unused funds within heading 2 of the multiannual financial framework; (vi) if necessary, available or unused funds within heading 1a of the multiannual financial framework,
Amendment 166 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 167 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 168 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 169 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) any other payments received by the Union in accordance with the EFSI Agreement until the mid-term review of the multiannual financial framework.
Amendment 170 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Endowments to the guarantee fund provided for in points (c) and (d) of paragraph 2Guarantee fund returns, any surpluses and amounts recovered from defaulting debtors in accordance with the recovery procedure laid down in the EFSI Agreement as provided for in Article 2(1)(f) shall constitute internal assigned revenues to fund rail infrastructure grants in accordance with Article 21(4) of Regulations (EU) No 966/2012s 1316/2013 and 1315/2013.
Amendment 174 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
Amendment 176 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 192 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 196 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000; These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884).' ’rticle 19 deleted 1316/2013
Amendment 86 #
2014/2244(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges that a platform be established, involving all the stakeholdersrepresentatives of the transport sector, to develop feasible arrangements inter alia for the phased EU- wide introduction of EU-wide interoperable electronic ticketing systems and for addressing the problems of distributing ticket-sales income and of cost-sharing in the event of disputes between contracted parties; is of the opinion that these solutions should be developed in a market-driven manner and support innovative approaches and technological and sectoral developments, without burdening operators and passengers with disproportionate costs;
Amendment 103 #
2014/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the crucial importance, in terms of social mobility, of transport being accessible, and of equal access to transport for all; calls for more attention to be paid to the needs of people with disabilities or limited mobility in relation to access to travel information before and during journeys; , ticketing options and reservation and payment systems, including the ability to reserve wheelchair spaces; welcomes the Commission's European Accessibility Act Roadmap and the potential for legislative action to remove economic and social barriers facing people with disabilities; urges the Commission to tackle barriers to transport as part of its efforts to improve accessibility;
Amendment 73 #
2014/2243(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Insists that model aircraft, defined as non-human carrying aircraft operated under visual line of sight ("VLOS") conditions for the purpose of control and safe separation from other traffic, and used exclusively for non-commercial recreational, sport or competition purposes shall be excluded explicitly from the EU's forthcoming regulatory framework on RPAS.
Amendment 62 #
2014/2242(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, with due regard for subsidiarity, many aspects of urban mobility policy requirecities should be supported by better coordination and frameworksinformation at EU level, in particular with regard to safety, health and climate change when urban mobility policy is formulated;
Amendment 67 #
2014/2242(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas many victims of accidents in urban areas are vulnerable road users and pedestrians;
Amendment 91 #
2014/2242(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that land use planning is the most important phase for creating smooth and safe transportation networks that are long-lasting and that have real impact on traffic volumes and traffic distribution;
Amendment 103 #
2014/2242(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites cities to definprioritise transport mode hierarchies based on the needs of pedestrians first and foremost, followed by cyclists, public transport, business and logistics, and private-car users, taking into account local conditions;
Amendment 109 #
2014/2242(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the development of innovative forms of mobility and intelligent transport solutions; supports forming of regulatory framework that enables the use of new forms of mobility and new sharing models making better utilisation of existing resources;
Amendment 131 #
2014/2242(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to take preventive measures, in accordance with the precautionary principle, to improve air quality in cities and to guarantee pollutant concentrations below the levels set in the World Health Organisation guidelines, in particular by extending and improviding free public transport or by alternating traffic;
Amendment 146 #
2014/2242(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to reduce the use of cars running on traditional fuels in urban areas by 2030, and to ban them by 2050 on a gradual basis;
Amendment 179 #
2014/2242(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the EU and national and local authorities to draw up electric mobility plans and introduce electric control systems which give priority to trams, urban trains, sky ropes, electric bicycles and shared/pooled e-cars;
Amendment 197 #
2014/2242(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to set ambitious targets for reducing the use of transport-related energy in cities, thereby reducing emissions, and to set a target of doubling cyclingincreasing sustainable mobility rates by 2025;
Amendment 210 #
2014/2242(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Invites the Commission to present a ‘transport and climate' legislative packageproposals which isare fully compatible with, and integrates, EU objectives in respect of the climate, the environment, health, energy and mobility, and which integrates cities;
Amendment 249 #
2014/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the importance of SUMPs for achieving EU targets in respect of CO2 emissions, noise, air pollution and accident reduction; considers that the development of SUMPs should be a precondition for financing EU projects in the area of urban transport;
Amendment 262 #
2014/2242(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 301 #
2014/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the CommissionMember States to promote ‘Car-free Sunday' events each month and to organise an ‘EU Bicycle Day';
Amendment 357 #
2014/2242(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the security forces have the task of monitoring traffic, and thorough speed management leads to a drastic reduction in road fatalities and serious injuries in cities, especially for vulnerable road users;
Amendment 392 #
2014/2242(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that cost-benefit assessments of investments should be directed to maximising external societal benefits and minimising external costs arising from, for example, climate change, accidents, health, noise, air pollution and spatial usethe benefit of the economy and the environment;
Amendment 401 #
2014/2242(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 403 #
2014/2242(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the CommissionMember States to propose a framework of guidelines and criteria for urban road and parking pricing based on the non-discrimination, interoperability and polluter-pays principles;
Amendment 418 #
2014/2242(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 437 #
2014/2242(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 461 #
2014/2242(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 477 #
2014/2242(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Supports the Horizon 2020 priorities regarding societal challenges for smart, green and integrated transport, and believes that Horizon 2020 must boost research and innovation in the areas of quality of life, sustainable jobs, demographics and active mobility chang; supports the development of such Mobility-as-a- Service (Maas) initiatives across Europe in the context of its Horizon 2020 priorities;
Amendment 490 #
2014/2242(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 10 #
2014/2150(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that REFIT represents a first step towards reducing the burden ofsimplifying regulation onfor businesses and eliminating barriers to growth and job creation;
Amendment 13 #
2014/2150(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the improvement of regulation should be on the basis of quality, not quantity;
Amendment 19 #
2014/2150(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s commitment on cutting red tape and better regulation; belifears, howevesr, that cutting red tape should deliver proportionate, evidence-based protection for workers, while ensuring that businesses can grow, create jobs and boost competitiveness; notes that deregulation and better regulation are not mutually exclusivewill lead to deregulation, in particular as regards legislation on employment and health and safety at work; stresses that this improvement of regulation should encourage the development of businesses, make them more competitive and create jobs, whilst ensuring that employees have sufficient and appropriate protection;
Amendment 63 #
2014/2150(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s indication that the maternity leave directive should be considered for withdrawal; urges it, however, to submit a new proposal as soon as possible;
Amendment 74 #
2014/2150(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to consult Parliament and stakeholders before withdrawing any legislative proposals;
Amendment 84 #
2014/2150(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the SME test; cCalls on the Commission to use lighter regimes for micro-enterprises and SMEs and to consider exemptions for micro-enterprises on a case-by-case basis, while not compromising on health, safety and employment standardstake account of the specific features of SMEs and micro-enterprises when drafting legislation, while not compromising on workers’ rights, especially on health and safety standards in the workplace;
Amendment 107 #
2014/2150(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures; calls also for impact assessments to take account of the social and environmental impact, as well as the economic impact;
Amendment 111 #
2014/2150(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 154 #
2014/2150(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that REFIT can in no way provide an excuse to question or refuse to recognise collective agreements that have been independently concluded by the social partners, nor may it hamper the development of consultation and social dialogue.
Amendment 125 #
2014/0124(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions’ standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare. Undeclared work leads to unfair competition and thus has a negative impact on competition in the single market and on the economy in general. In addition, social dumping may be a direct consequence of undeclared work and of its cross-border dimension.
Amendment 217 #
2014/0124(COD)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to ensure that the Platform is effective and successful, the role played by the labour inspectorates in the Member States should be enhanced.
Amendment 233 #
2014/0124(COD)
Proposal for a decision
Recital 16
Recital 16
(16) The Platform should involve the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared work, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO) and the Organisation for Economic Cooperation and Development (OECD), and Union decentralised agencies, in particular Eurofound and European Agency for Safety and Health at Work. The involvement of Eurofound and European Agency for Safety and Health at Work in the work of the Platform as observers will not extend their existing mandates.
Amendment 248 #
2014/0124(COD)
Proposal for a decision
Recital 22 a (new)
Recital 22 a (new)
(22a) Participation in the Platform should be mandatory so as to ensure its effectiveness, and it should also be ensured that Member States remain responsible, at national level, for transposing and implementing the measures and initiatives adopted by the Platform.
Amendment 255 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) Participation in the Platform shall be mandatory for the national authorities responsible for enforcing the applicable legislation, as designated by each of the Member States.
Amendment 275 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 3 – point d a (new)
Article 1 – paragraph 3 – point d a (new)
(da) a representative of the Organisation for Economic Co-operation and Development (OECD).
Amendment 91 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The form of Societas Unius Personae (SUP) referred to in Article 6 of this Directive shall only be authorised for micro or small undertakings within the meaning of Directive 2013/34/EU. Where a Societas Unius Personae no longer meets the criteria laid down therein, it should be converted into another legal form.
Amendment 154 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
An SUP shall have its registered office and either its central administration or its principal place of business in the Unionsame Member State.
Amendment 198 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Member States mayshall lay down effective rules for verifying the identity of the founding member, and any other person making the registration on the member’s behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registration.
Amendment 206 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 214 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of associationrequired to build up legal reserves in accordance with the applicable national rules.
Amendment 111 #
2014/0002(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Member States should also intensify cooperation on the recognition of diplomas so as to enable workers to have access to all employment opportunities throughout the Union.
Amendment 128 #
2014/0002(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Particular attention should be paid to supporting mobility in the cross-border regions for and providing services to frontier workers who are living in one Member State and working in another and have to cope with different national practices and legal systems and encounters specific administrative, legal or tax obstacles to mobility. Member States may choose toshould set up specific support structures, the EURES Cross-Border Partnerships, to facilitate this kind of mobility, such structures should, within the framework of the EURES network, address the specific needs for information, guidance, cross- border matching between labour demand and supply and the resulting placements. The EURES Cross-Border Partnerships should involve regional/local authorities and public employment services, the social partners and other stakeholders, within the EURES network, that are active in the cross-border dimension.
Amendment 148 #
2014/0002(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The sharing of draft activity plans under the programming cycle among Member States should enable the National Coordination Offices, acting on behalf of the Member States, together with the European Coordination Office and through the appropriate involvement of the social partners, to direct the resources of the EURES network toward appropriate actions and projects, and thereby steer the development of the EURES network as a more result-oriented tool responsive to the needs of workers according to the dynamics of labour markets.
Amendment 177 #
2014/0002(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) the functioning of a European network of employment services between Member States and the Commission, with the appropriate involvement of the social partners;
Amendment 200 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
Amendment 229 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In cross-border regions, the EURES cross-border partnerships comprising the regional/local public employment services, trade unions and employers' organisations from at least two Member States, provide cross-border support services.
Amendment 321 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e
Article 7 – paragraph 3 – subparagraph 1 – point e
(e) where applicable, the situation of frontier workers in particular in cross- border regions in close cooperation with the EURES cross-border partnerships.
Amendment 332 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration in particular with the national social partners and with stakeholders such as career guidance services, universities, chambers of commerce and organisations involved in apprenticeships and traineeships schemes.
Amendment 437 #
2014/0002(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Coordination Group ishall be composed of representatives of the European Coordination Office and the National Coordination Offices and the Union social partner organisations.
Amendment 529 #
2014/0002(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point c a (new)
Article 18 – paragraph 3 – point c a (new)
(c a) through the EURES cross-border partnerships; or
Amendment 534 #
2014/0002(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) with a combination of points (a) to (c a).
Amendment 554 #
2014/0002(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall develop specific information for frontier workers in those cross border regions where the Member States concerned together deem it necessary to set up specific co-operation and service structures, namely EURES cross-border partnerships.
Amendment 668 #
2014/0002(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The National Coordination Offices and the European Coordination Office review together the draft work programmes before finalising them. National Coordination Offices shall consult the national social partners about the draft work programmes before sending them to the European Coordination Office.
Amendment 43 #
2013/2112(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public servantbodies;
Amendment 49 #
2013/2112(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 67 #
2013/2112(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States, in cases where labour inspections uncover abuse, to protect the workers concerned and enable them to assert their rights at no cost; points out that measures to that end, such as a direct right of complaint for victims or a collective right of complaint, are effective means of protecting workers affected;
Amendment 75 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to criminaliseeffectively and dissuasively sanction the non-respect of working conditions;
Amendment 92 #
2013/2112(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that there is an important role to be played by the social partners, and particularly by workers’ representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;
Amendment 118 #
2013/2112(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 128 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chain do not constitute a useful tool for improved monitoring of public procurement, and that they shoulthe only way to counter the trend be introduced in all Member Stateg for trade supervisory authorities to step up their inspections;
Amendment 142 #
2013/2112(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for national trade supervisory authorities to be supported in implementing an efficient system of labour protection at company level, especially in small and medium-sized enterprises; urges that inspections be more closely geared to identifying practical, feasible solutions to workplace health and safety shortcomings;
Amendment 183 #
2013/2112(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the lack of emphasis, in existing social security and employment directives, on improved implementation and on the role of labour inspectorates; considers that the existing directives need to be thoroughly reviewed and revised where necessary and that the role of labour inspectorates needs to be taken account in social security and employment related matters in such a way as to afford effective protection;
Amendment 198 #
2013/2112(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 218 #
2013/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 52 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The minimum set of data (MSD) sent by the eCall in-vehicle system shall include only the minimum information required for the appropriate handling of emergency calls. This MSD should be reviewed periodically for revaluation of optional MSD to mandatory MSD, or for the possible addition of beneficial information to the MSD.
Amendment 18 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States and it shall fully respect Article 28 of the Charter of Fundamental Rights of the European Union. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11. __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 19 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) European Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights. Public contracts should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour.
Amendment 24 #
2013/0157(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding working conditions, such as health and safety, training and qualifications, EU policy on low sulphur fuels, attractiveness of the sector to young workers and female workers. The Commission should facilitate the negotiations and monitor them closely.
Amendment 40 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment, workers and persons;
Amendment 43 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with social and labour legislation.
Amendment 56 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure, while fully respecting Article 28 of the Charter of Fundamental Rights of the European Union. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 74 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, workers representatives, land transport operators and public administrations operating in the port area on the following:
Amendment 76 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
Amendment 96 #
2013/0157(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In order to address the challenges facing the maritime transport sector, it is essential that the actions to improve the administrative and custom procedures in ports set out in the Commission's communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 100 #
Amendment 128 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and, environmentally and socially sound port management, the managing body of the port should be able to require that port service providers, including subcontractors, can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transpar, compliance with maritime safety requirements, respect of environmental requirements, non- discriminatory, objective and relevant for the provision of the port servicethe respect of the provider regarding social and labour rights, including the application of laws and agreements to protect health and safety of employees.
Amendment 142 #
2013/0157(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Each service provider, and especially one that is a new market entrant should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements.
Amendment 149 #
2013/0157(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to be open and transparent, tThe procedure to select thchoose providers of port services and its result should be made public and full documentation should be communicated toshould be non-discriminatory, transparent and open to all interested parties.
Amendment 151 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the full power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shallould not affect the application of the social and labour rules of the Member States. This Regulation should respect Article 28 of the Charter of Fundamental Rights of the European Union. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to askthe Member State should require the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11 . __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 173 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, quality of services and competitiveness of EU ports. Relevant training should be provided to every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 179 #
2013/0157(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) In accordance with the rules of the Treaty all models of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.
Amendment 184 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo- handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 192 #
2013/0157(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should, in writing, clarify the notion of State aid regarding the financing of seaports and port infrastructure and should carry on with enforcing principles of state aid to ensure fair competition.
Amendment 200 #
2013/0157(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that theire relevant market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non- discriminatory way.
Amendment 278 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. ‘cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 279 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment, workers and persons;
Amendment 289 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. the compliance with social and labour legislation, including the application of laws and agreement to protect health and safety;
Amendment 341 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. Collective actions should not be included amongst the events for which emergency measures are taken. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 477 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The emergency measure may take the form of a direct award so as to attribute the service to a diffCollective actions should be taken into account only when all other possible ways of dialogue and possible alternative solutions have been explored to keep from negative impact on port activities. Emergent provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9cy measures can be taken in situations where collective actions cannot be avoided thus causing disruptions of port.
Amendment 486 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IExclusively in the cases provided for in Article 6 (1) (baa), the competent authorityor in cases where the national legislation of a Member State already so allows, the managing body of a port may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 523 #
2013/0157(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.
Amendment 574 #
2013/0157(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator under public service obligation as referred to in Aarticle 9 and(1), the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatoryfor pilotage services that are not exposed to effective competition and the charges levied by providers of port service, as referred to in Article 6(1)(aa), shall be set in a transparent and non-discriminatory way. These charges shall, reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 610 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine thein a transparent way ambount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the levelstructure and the criteria used to determine the amount of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance. In situations where port authorities introduce differentiated charging, it is important that clear and transparent criteria will be communicated by port authorities to port infrastructure users.
Amendment 137 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point j
Article 1 – paragraph 2 – point j
Amendment 138 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
Amendment 733 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 1 – point a – point iv
Article 77 – paragraph 1 – point a – point iv
Amendment 755 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shall collect fees in accordance with Article 77 to recover the following costs:costs incurred in relation to the official controls referred to in Article 77(1).
Amendment 756 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
Amendment 760 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point b
Article 78 – paragraph 1 – point b
Amendment 762 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point c
Article 78 – paragraph 1 – point c
Amendment 764 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point d
Article 78 – paragraph 1 – point d
Amendment 765 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point e
Article 78 – paragraph 1 – point e
Amendment 767 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point f
Article 78 – paragraph 1 – point f
Amendment 770 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. If tThe competent authorities collecting fees in accordance with Article 77 also perform other activities, only the fraction of the cost elements referred to in paragraph 1 of this Article which results from the official controls refshall lay down a transparent method for calculating fees, based on a recognised method for determining administrative costs, and a method for charging the costs in accordance with the specificities of the sectors and enterprises concerrned to in Article 77(1) shall be considered for the calculation of th, including the possibility of collecting flat- rate fees.
Amendment 773 #
2013/0140(COD)
Proposal for a regulation
Article 79
Article 79
Amendment 820 #
2013/0140(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. EMember States may decide that enterprises employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be partly or totally exempted from the payment of the fees provided for in Article 77.
Amendment 179 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained and disseminated by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks, including in situ/on farm conservation;
Amendment 236 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material in view to making available on the market:
Amendment 255 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – point f
Article 3 – point 6 – point f
Amendment 355 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0.1% of the total agricultural area of the European Union;
Amendment 358 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0.1% of the total value of agricultural production of the European Union;
Amendment 361 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 365 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 378 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced and made available on the market, under one of the following categories:
Amendment 439 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a fixed variety in the meaning of point (1) of Article 10 (‘hereafter ’heterogeneous material‘) and not fulfilling the requirements on distinctiveness, uniformity and stability as set out in articles 60, 61 and 62 and satisfactory value for cultivation and/or use or sustainable value for cultivation and/or use as set out in articles 58 and 59.
Amendment 441 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point a
Article 14 – paragraph 3 – subparagraph 2 – point a
(a) rules on labelling and packagingincluding the region of selection, as well as the date and place of multiplication, and packaging that meet the needs of professional users;
Amendment 445 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) rules concerning description of the material, including the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, as well as common characteristics of constant characteristics (at the time of growing or harvest) of the population;
Amendment 447 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point d
Article 14 – paragraph 3 – subparagraph 2 – point d
(d) establishment by the local or national competent authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 453 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or specie for all genera or species where a request is made. Heterogeneous populations have to fulfil the following requirements: freely reproducible and bred, selected and multiplied without microbiological methods.
Amendment 467 #
2013/0137(COD)
Proposal for a regulation
Article 15
Article 15
Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52, or, if it complies with Article 36 (niche market material) or Article 57 (variety with officially recognized description).
Amendment 607 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by independent professional operators employing no more than ten persons and whose annual PRM turnover or balance sheet total does not exceed EUR 2 million;
Amendment 618 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
(ba) it is sold directly or with only one intermediary by the producer to the end user;
Amendment 623 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b b (new)
Article 36 – paragraph 1 – point b b (new)
(bb) it is freely reproducible;
Amendment 625 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b c (new)
Article 36 – paragraph 1 – point b c (new)
(bc) it is bred, selected and multiplied without microbiological methods;
Amendment 629 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The persons who produce niche market material for commercial cultivation shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material. On request, they shall make those records available to the competent authorities.
Amendment 638 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) the maximum size of packages, containers or bundles, including for commercial cultivation by small farmers;
Amendment 641 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) requirements concerning traceability, lots and labelling of the niche market material concerned including year and place of multiplication as well as the breeding method.
Amendment 645 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 791 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;
Amendment 796 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
Amendment 803 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) it is sold directly or with only one intermediary by the producer to the end user,
Amendment 810 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
Article 57 – paragraph 1 – point b b (new)
(bb) it is reely reproducible,
Amendment 812 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b c (new)
Article 57 – paragraph 1 – point b c (new)
(bc) it is bred, selected or multiplied without microbiological methods.
Amendment 1424 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point n c (new)
Annex III – Part A – point n c (new)
(nc) use (‘MB’) or non-use (‘NMB’) of microbiological methods for breeding, selection or multiplication.
Amendment 81 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if theVehicles of a maximum weight of 44 tonnes may be used in cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirementstransport if the two Member States concerned already allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 91 #
2013/0105(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of longer vehicles in international transport operations will have consequences on road safety, on the environment and on road infrastructure. Before lifting the existing ban on longer and heavier vehicles in international transport operations, the Commission should assess the potential impacts of such a change of rules.
Amendment 160 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4– paragraph 4 – subparagraph 2
Article 4– paragraph 4 – subparagraph 2
Amendment 174 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2 a (new)
Article 4 – paragraph 4 – subparagraph 2 a (new)
2 a) In Article 4 – paragraph 4 – the following subparagraph is inserted after the second subparagraph: Without prejudice to Member States’ rights laid down in acts on accession to the union, international transport operations carried out by vehicles or vehicle combinations with dimensions deviating from those laid down in points 1.1,1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex 1 shall be prohibited.
Amendment 182 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 96/53/EC
Article 4 – paragraph 5
Article 4 – paragraph 5
(4a) The following is added to Article 4.5 of the directive: In order to establish these trial periods, following conditions need to be fulfilled: - the trial period shall not be longer than 5 years, - the transport operations shall take place in a local, well-defined area of the territory of the Member State, - the trial needs to be officially monitored taking into account impacts on infrastructure, road safety, modal split and environment, - an official report of the monitoring results of the trial should be sent to the Commission and made publicly available.
Amendment 223 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
In the aim of improving the aerodynamicenergy efficiency performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristicsimprovements in the energy performance of vehicles or combinations of vehicles, and improvingto enhance road safety. Regulation (EC) No 661/2009 should be amended accordingly.
Amendment 229 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 2 – indent 2
Article 9 – paragraph 2 – indent 2
improved aerodynamicenergy performance of the vehicles,
Amendment 261 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 96/53/EC
Article 10a b (new)
Article 10a b (new)
By the end of 2018, the Commission shall review this directive in order to analyse the impacts of cross-border use of vehicles or vehicles combinations exceeding the maximum dimensions laid down by Annex I. The impact assessment of the Commission shall analyse the impacts on road safety, on the modal shift, the consequences on the infrastructure and on the environment. On the basis of the results of this impact assessment, the Commission shall, if appropriate, make a legislative proposal to amend the directive.
Amendment 355 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Directive 96/53/EC
Annex I – point 2.3.1 – indent 3
Annex I – point 2.3.1 – indent 3
two-axle buses: 1920 tonnes
Amendment 119 #
2013/0072(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to improve levels of protection, passengers shouldmust not be denied boarding on the return journey of a two-way (return) ticket because they have not taken the outward journey. However, the new provision should not apply where the ticket includes more than the outbound and return ticket and passengers have not used the flights in the agreed sequence as shown in the ticket.
Amendment 125 #
2013/0072(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) For example, the creation of a guarantee fund or a compulsory insurance scheme will enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence.
Amendment 161 #
2013/0072(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airportan early stage of the booking process, in all distribution channels including computerised reservation systems, and at check-in at the airport. Organisers should inform passengers accordingly.
Amendment 167 #
2013/0072(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. In order to allow the passengers concerned to assess whether their instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. Regulation (EC) No 2027/97 should be amended accordingly.
Amendment 274 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that two conditions are fulfilled: – that the cancellation of schedule is caused by extraordinary circumstances, and – that the cancellation or change of schedule could not have been avoided even if all reasonable measures had been correctly taken. Such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft.'
Amendment 287 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
In Article 5(5) the following paragraph shall be inserted: 5b. Air carriers shall develop and put in place detailed procedures which allow them to comply in an effective and consistent way with the present Regulation, especially in cases of delays, cancellations, denied boarding, mass disruptions and insolvency. Those procedures shall clearly indicate the contact person of the airline at each airport who is competent for providing reliable information concerning care, assistance, re-routing or reimbursement and for taking the necessary immediate measures. The air carrier shall define the processes and conditions for the provision of those services in such a way that this representative can fulfil this obligation without delay. The air carrier shall communicate those procedures and any changes thereto to the National Enforcement Body designated pursuant to Article 16.
Amendment 289 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
Amendment 339 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 4
Article 6 – paragraph 4
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that two conditions are fulfilled: – that the delay or change of schedule is caused by extraordinary circumstances, and – that the delay or change of schedule could not have been avoided even if all reasonable measures had been correctly taken. Such extraordinary circumstances can only be invoked insofar as they affect the flight concerned or the previous flight operated by the same aircraft.
Amendment 342 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of fivetwo hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac. , unless there are safety-related or security-related reasons why the aircraft cannot leave its position on the tarmac. After a total delay of more than 3 hours from the initial departing time, passengers benefit from the same assistance as specified in paragraph 1, including the option of reimbursement, return flight and rerouting, as specified in Article 8(1) and they shall be informed accordingly.
Amendment 365 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight of 90 minutes or more calculated by reference to the time of arrival at the transfer point, the passenger shall have a right to compensation by the CommunityUnion air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination.
Amendment 394 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 5
Article 7 – paragraph 5
The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1 in at least an equivalent manner with the other non-monetary benefits (e.g. air travel vouchers to the value of 100% of the entitlement to compensation), provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this Regulation.“ Such an agreement may only be concluded after the events giving rise to the entitlement have occurred.
Amendment 420 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 10025 per night and per passenger and to a maximum of 3 nights. If the operating air carrier chooses to apply this limitation, it shall nevertheless provide the passengers with information about availabl, if the passenger decides to arrange his own accommodation. This shall at all events be without prejudice to the obligation of operating air carriers to provide accommodation, after nd the carrier shall comply withe three nightsis obligation as a priority, in addition to the continued obligations for information specified in Article 14. This limitation shall not apply where the air carrier failed to provide the accommodation.
Amendment 451 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 459 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation as so, including the cause of the disruption, as possisoon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available, provided that the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary.
Amendment 473 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2
Article 16 – paragraph 2
The National Enforcement Body shall closely monitor compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected. For this purpose, air carriers and airport managing bodies shall provide the relevant documents to the National Enforcement Body at its request. In order to carry out its functions, the National Enforcement Body shall also take account of the information submitted to it by the body designated under Article 16a. It may also decide on enforcement actions based on individual complaints transmitted by the body designated under Article 16a.
Amendment 476 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
In Article 16, the following paragraph shall be inserted: Air carriers shall proactively provide the National Enforcement Body with comprehensive information as regards the advent of technical problems, in particular on the reasons therefor. The National Enforcement Body shall share this information with the bodies responsible for out-of-court dispute resolution referred to in article 16.a paragraph 3.
Amendment 478 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 484 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 2
Article 16a – paragraph 2
If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed. The submission of a complaint within three months and after the expiry of that three-month period shall be without prejudice to his right to enforce his claims under this Regulation within the framework of the judicial system and an out-of-court resolution. Within 7 days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the air carrier shall provide a full answer to the passenger. Where the air carrier does not provide that full answer within that two- month period, it shall be deemed to accept the passenger’s claims.
Amendment 491 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 3
Article 16a – paragraph 3
Amendment 495 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 4
Article 16a – paragraph 4
Amendment 511 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 5 a (new)
Article 16b – paragraph 5 a (new)
In Article 16b, the following paragraph shall be inserted: 5a. The Commission and the Member States shall set up a Union-wide mechanism between all bodies designated by under Article 16 and Article 16 a to ensure the exchange of information about infringements, sanctions and best practices of enforcement between the Member States. The Commission shall make this information available in electronic form to all the Member States.
Amendment 513 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
In Article 16b, the following paragraph shall be inserted: 5b. The National Enforcement Bodies shall provide, upon request, information and relevant documents on individual cases to the Commission.
Amendment 520 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 2027/97
Article 3 –paragraph 2
Article 3 –paragraph 2
Amendment 525 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6a – paragraph 1
Article 6a – paragraph 1
Whenever carrying checked wheelchairs or other mobility equipment or assistive devices, the air carrier and its agents shall offer each person with a disability or reduced mobility as defined in Article 2(a) of Regulation (EC) No 1107/200625 the option to make, free of charge, a special declaration of interest pursuant to Article 22(2) of the Montreal Convention, at booking and at the latest when the equipment is handed to the carrier. A model form for such a declaration of interest shall be set up by the Commission via an implementing act adopted in accordance with the procedure referred to in Article 16c. __________________ 25 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p.1
Amendment 531 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6c –paragraph 2
Article 6c –paragraph 2
The delegation of powerpower to adopt delegated acts referred to in Article 6 (1) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation period of five years from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 535 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1
Article 6d – paragraph 1
Amendment 541 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1 b (new)
Article 6d – paragraph 1 b (new)
In Article 6d, the following paragraph shall be inserted: 1b. Without prejudice to Regulation (EC) No 1107/2006, carry-on baggage allowances may be expressed in maximum dimensions and/or maximum weights of the total carry-on allowance per passenger, but without a restriction to a specific number of items carried.
Amendment 550 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 2
Article 6d – paragraph 2
Where extraordinaryceptional circumstances, such as safety reasons, or a change of the aircraft type since the booking was made,the specific characteristics of the aircraft preclude the carriage in the cabin of items included in the carry-on baggage allowance or the airport shopping, the air carrier may carry them in the hold of the aircraft, but at no extra cost to the passenger.
Amendment 578 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point iii
Annex 1 – paragraph 1 – point iii
Amendment 29 #
2013/0029(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Taking into account the heterogeneity of networks in terms of their size and density and the variety of organisational structures of national and local or regional authorities and their respective experiences of the process of market opening, each Member State must be given sufficient flexibility to organise its network in such a way that an optimum mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers;
Amendment 37 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Railway undertakings and infrastructure managers should establish within their safety culture a "fair culture" in order to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A fair culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and the traveling passengers.
Amendment 38 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The respect of working and rest time rules for locomotive drivers is essential for railway safety and for fair competition. In an open European railway market with increasing cross- border operations the respect of working and rest time must be controlled and enforced. The national safety authorities should have the task to check and enforce such rules; the Commission should propose rules and mandatory regular checks. But this is possible only with an electronic on-board device that registers working and rest time of locomotive drivers.
Amendment 47 #
2013/0029(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 53 #
2013/0029(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 71 #
2013/0029(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassingintegrated structures should be shaped in such a way that no conflicts of interest emerge between infrastructure management and transport activities should be removed. Removing potential incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.
Amendment 72 #
2013/0029(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Taking into account the heterogeneity of networks in terms of their size and density and the variety of organisational structures of national and local or regional authorities and their respective experience of the process of market opening, each Member State should be given sufficient flexibility to organise its network in such a way that a mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers.
Amendment 75 #
2013/0029(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
2013/0029(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-makingProvided these three categories of independence it must bare ensured, that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilie vertical integration of undertakings does not contradict the objectives for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential forof the common legal framework. The rules against cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the most effective measure to solve these problemhould be monitored and implemented by the regulatory bodies.
Amendment 92 #
2013/0029(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 102 #
2013/0029(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers between the infrastructure manager and the other legal entities of the integrated undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking. The Member States therefore remain obliged to secure compliance with these independence criteria. This should be achieved chiefly by appropriate regulation which does not jeopardise the infrastructure undertakings’ refinancing options or contradict the undertakings’ principle of trading as a commercial enterprise. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.
Amendment 107 #
2013/0029(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 126 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The Commission should assess the impact of this Directive on the development of the labour market for railway staff.
Amendment 131 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) With a view to the completion of the Single European Railway Area, and given the competition in the railway sector, the Commission is committed to actively supporting and encouraging social dialogue at EU level in order to ensure that railway workers are protected in the long term against unwanted effects of market opening, such as social dumping.
Amendment 137 #
2013/0029(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) In this context, the Commission ensures the full and correct enforcement by Member States of the provisions of Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector, particularly their safety.
Amendment 156 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 177 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 3 a (new)
Article 3 – point 31 – indent 3 a (new)
- an undertaking consisting of distinct divisions, including an infrastructure manager and one or several divisions providing transport services that do not necessarily have distinct legal personalities
Amendment 188 #
Amendment 196 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Amendment 199 #
Amendment 242 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Smaller, vertically integrated undertakings maintaining a rail network no more than 450 km in length shall be exempt from the separation requirement.
Amendment 247 #
Amendment 252 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a, 7 b, 7 c
Article 7 a, 7 b, 7 c
Amendment 500 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2012/34/EU
Article 19 - point d a new
Article 19 - point d a new
7a. In paragraph 19, the following point is added: '(da) have given a commitment to apply the respective representative collective agreements of the Member States in which the undertaking wishes to operate, in order to prevent undesirable social developments. The principle of the same pay for the same work in the same place must apply. The competent regulatory body shall monitor compliance with this provision.'
Amendment 523 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 1 - points g a and g b (new)
Article 56 – paragraph 1 - points g a and g b (new)
The following points are added in Article 56(1): '(ga) scheduled maintenance (gb) unscheduled maintenance'
Amendment 527 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 2
Article 56 – paragraph 2
Article 56(2) is replaced by the following: '2. Without prejudice to the powers of the national competition authorities to safeguard competition on rail transport markets, the regulatory body shall be entitled to monitor the situation with regard to competition on rail transport markets; it shall in particular check on its own initiative the points referred to in paragraph 1, letters (a) to (i), with a view to preventing discrimination against applicants. It shall, in particular, check whether the network conditions of use contain discriminatory clauses or grant the infrastructure manager discretionary powers that may be used to discriminate against applicants. In respect of public rail passenger transport, the regulatory body shall, without being asked to do so, meet the requirements laid down in Regulation (EC) No 1370/2007 and take due account of the services provided for in Article 10 of this Directive.'
Amendment 530 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 6
Article 56 – paragraph 6
Article 56(6) is replaced by the following: '6. The regulatory body shall ensure that charges set by the infrastructure manager are consistent with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that the access charges set by infrastructure operators, operators of service facilities or railway undertakings - including for access to tracks and access to stations, their buildings and other facilities, including facilities for the display of travel information - are not discriminatory. In that connection, proposed changes to the level or structure of the charges referred to in this paragraph shall be notified to the regulatory body at the latest two months prior to their scheduled entry into force. Until one month prior to their entry into force, the regulatory body may insist on a reduction or an increase in the proposed changes, their postponement or their cancellation. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall be permitted only if they are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to produce an outcome which contravenes the provisions of this Chapter.
Amendment 535 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 9 – subparagraph 3
Article 56 – paragraph 9 – subparagraph 3
Article 56(9), third subparagraph, is replaced by the following: In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, at the latest one month following the appeal submission the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with its instructions. The infrastructure operator must comply with the decision as quickly as possible, and at the latest one month after receiving notification of the regulatory body’s decision.'
Amendment 539 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 10
Article 56 – paragraph 10
Article 56(10) is replaced by the following: '10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have a suspensory effect on the decision taken by the regulatory body only if that decision may cause immediate irreversible or obviously disproportionate damage to the appellant and if it is not based on Article 56(6) or 56(9) of this Directive. This provision shall be without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable.
Amendment 547 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
8d. Article 57 is complemented as follows: (a) The following new paragraph 9a is inserted: '9a. If an applicant considers that decisions taken by one or more infrastructure operators or bodies in charge of key functions are hampering the development of cross-border transport services, the applicant may submit directly to the network a request for a regulatory body to issue an opinion. This request shall at the same time constitute a request for a decision by the competent national regulatory body or bodies. If necessary the network shall ask the infrastructure operator or the bodies in charge of key functions and, at all events, the competent national regulatory body or bodies to provide all relevant information, using the procedure laid down in Article 57(4). The network shall then draw up a non-binding opinion with the aim of securing the implementation of measures which facilitate, rather than hampering, the transport services in question. The opinion shall be forwarded to the competent national regulatory bodies and the applicant at the latest one month following receipt of the application. The competent national regulatory bodies shall take account of the opinion issued by the network before taking their decisions at the latest one month following submission of that opinion, and shall provide the applicant with a written statement of their reasons for departing from the terms of the opinion.' (b) The following new paragraph 9b is inserted: 9b. The network of regulatory bodies described in Article 57(1) shall adopt its rules of procedure by consensus, and failing that by a two-thirds majority, with each national regulatory body having one vote. The network shall elect from among its members a chair and shall submit an annual activity report to the Commission. The Commission shall forward the report to the European Parliament and the Council, if appropriate with its comments. (c) The following new paragraph 9c is inserted: 9c. The Commission shall act as the secretariat for the network described in Article 57(1). The travel and subsistence expenses incurred by members, observers and experts in taking part in the activities of the network shall be reimbursed by the Commission in accordance with the relevant rules in force.' (d) The following new paragraph 9d is inserted: 9d. At the latest within one year following the entry into force of this Directive, the Commission shall adopt a legislative proposal establishing the network of regulatory bodies as a legal person.'
Amendment 44 #
2013/0028(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important means of counteracting the distortion of competition; this principle should apply not only to licensed railway undertakings and their subsidiaries in the Member States, but also to undertakings from third countries that wish to participate in procurement procedures within the Union.
Amendment 50 #
2013/0028(COD)
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 and thereby, if appropriate, taking 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 52 #
2013/0028(COD)
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.
Amendment 74 #
2013/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States. Nevertheless, the specific features and peculiarities of the various Member States should be taken into consideration.
Amendment 81 #
2013/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure an adequate high level of social protection for the staff of public service operators.
Amendment 85 #
2013/0028(COD)
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. Where competent authorities require public service operators to comply with certain social standards, tender documents and public service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the services.’
Amendment 88 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Where competent authorities, in accordance with national law, require public service operators to comply with certain quality and social standards or establish social and qualitative criteria, these standards and criteriaithout prejudice to national and Community law, including collective agreements between the social partners, the competent authorities shall lay down the quality and social standards applicable and shall be included them in the tender documents and in the public service contracts.
Amendment 176 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d a (new)
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d a (new)
(da) applicable rules for passenger rights;
Amendment 266 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No. 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
Paragraph 5 is replaced by the following: (bb) Without prejudice to national and Community law, including collective agreements between social partners, competent authorities shall require the selected public service operator to grant staff, previously taken on to provide services, the right to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. Where competent authorities require public service operators to comply with certain social standards, tender documents and public service contracts, they shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the service.
Amendment 294 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 332 #
2013/0028(COD)
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
Amendment 399 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2a (new)
Article 8 – paragraph 2a (new)
Amendment 412 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 8 – point c
Article 1 – point 8 – point c
Regulation (EC) No. 1370/2007
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 88 #
2013/0016(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2004/49 established a common regulatory framework for railway safety, through harmonisation of the content of safety rules, the safety certification of railway undertakings, the tasks and roles of the national safety authorities and the investigation of accidents. Nevertheless, to pursue efforts toThe ongoing establishment of a single market for rail transport services, that has as a consequence a multiplication of different actors and communication interfaces. In order to guarantee railway safety within this environment, this Directive needs thorough revision.
Amendment 97 #
2013/0016(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The occurrence of heavy accidents involving freight wagons has shown that mandatory European harmonized rules on frequency and intervals of maintenance of rail freight wagons, passenger rolling stock and locomotives are necessary
Amendment 101 #
2013/0016(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In view of the gradual approach to eliminating obstacles to the interoperability of the rail system while maintaining a high level of railway safety and of the time consequently required for the adoption of TSIs, steps should be taken to avoid a situation where Member States adopt new national rules or undertake projects that increase the diversity of the present system. The safety management system is thea recognised tool for preventing accidents. Member states, the European Railway Agency and railway undertakings are responsible for taking immediate corrective action to prevent re-occurrence of accidents. Member States should not decrease the responsibility of the railway undertakings by establishing new national rules immediately after an accident.
Amendment 103 #
2013/0016(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Railway undertakings and Infrastructure managers should establish within their safety culture a "fair culture" in order to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A fair culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and the travelling passengers.
Amendment 110 #
2013/0016(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The certification of train staff is often an insurmountableRailway undertakings have to ensure that train staff is properly qualified and certified. They have to ensure the relevant training and qualification level when their staff is operating on the network of another Member State. Safety authorities shall have the responsibility to control and enforce that requirement. The certification of train staff can be a barrier to new entrants. Member States should ensure that facilities for the training and certification of train staff necessary to meet requirements under national rules are available to railway undertakings intending to operate on the relevant network.
Amendment 111 #
2013/0016(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In addition to the safety requirements laid down in the safety certificate, licensed railway undertakings must comply with national requirements, compatible with Community law and applied in a non-discriminatory manner, relating to occupational health and safety conditions, social conditions, including legal and contractual provisions relating to working, driving and rest time.
Amendment 114 #
2013/0016(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The national safety authorities should be fully independent in their organisation, legal structure and decision making from any railway undertaking, infrastructure manager, applicant and procurement entity. They should carry out their tasks in an open and non-discriminatory way and cooperate with the Agency to create a single rail area with a high level of railway safety and coordinate their decision- making criteria. In order to fulfil their tasks, the National Safety Authorities must have sufficient budgetary resources and a sufficient number of well trained staff. To increase efficiency, two or more Member States may decide to merge the staff and resources of the respective national safety authorities.
Amendment 117 #
2013/0016(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 118 #
2013/0016(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Serious accidents on the railways are rare. However, they can have disastrous consequences and raise concern among the public about the safety performance of the rail system. All such accidents should, therefore, be investigated from a safety perspective to avoid recurrence and the results of the investigations should be made public. Other accidents and incidents should also be subject to safety investigations when they could be significant precursors to serious accidents . In order to identify such precursors, railway undertakings and infrastructure managers shall establish a "fair culture" as defined in Article 3.
Amendment 149 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) "area of operation" means one or more groups of lines with the same equipments and operating rules in one or more Member States where the railway undertaking provides its services;
Amendment 151 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion, including in shunting yards and during track maintenance works, fires and others;
Amendment 168 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point v
Article 3 – paragraph 1 – point v
(v) ‘manufacturer’ means any natural or legal person who manufactures an interoperability constituent, components or subsystem or has it designed or manufactured, and markets it under his name or trademark;
Amendment 169 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) "unloader" means the enterprise which removes a container from a wagon, or unloads packaged goods out or from a wagon or a container, or discharges goods from a tank, a wagon or a container;
Amendment 171 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point y a (new)
Article 3 – paragraph 1 – point y a (new)
(ya) "fair culture" means a procedure to be established to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A fair culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and the travelling passengers;
Amendment 180 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents well as the role of the human factor for the safety of railway system and giving priority to the prevention of accidents. Member States shall make sure that measures for developing and improving railway safety take account of the need for a system based approach. The actors of the railway system, each for their own duty, should be responsible for the safety of the system, without prejudice to civil liability in accordance with the legal requirements of the Member States.
Amendment 187 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States and the Agency shall ensure that the responsibility for the safe operation of the rail system and the control of risks associated with it is laid upon the infrastructure managers and railway undertakingspecific actors, obliging them:
Amendment 196 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Without prejudice to civil liability in accordance with the legal requirements of the Member States, each infrastructure manager and railway undertakingrailway actor shall be made responsible for its part of the system and its safe operation, including supply of material and contracting of services, vis-à- vis users, customers, the workers concerned and third parties. The risks associated with the activities of third parties shall also be taken into account in the safety management systems of infrastructure managers and railway undertakings.
Amendment 200 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. All actors having a relevant role in safety operationsas defined in article 3 shall implement the necessary risk control measures, where appropriate in cooperation with the others. In addition to railway undertakings and infrastructure managers those actors include in particular:
Amendment 205 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) the keepers and carriers not being railway undertakings including subcontractors
Amendment 207 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 4 – point c b (new)
Article 4 – paragraph 4 – point c b (new)
(cb) consignees and unloaders
Amendment 217 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. One year after the coming into force of this directive, the Commission will propose a legislative measure on minimum control and enforcement of driving and rest time of locomotive drivers.
Amendment 218 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. One year after coming into force of this directive, the Commission will adopt through an implementing act rules of mandatory intervals (km/time) for the maintenance of rail freight wagons, locomotives and passenger rolling stock.
Amendment 222 #
2013/0016(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
When drafting the recommendations, the Agency shall take account of the opinion of the users, the social partners and of the stakeholders. The recommendations shall enclose a report on the results of this consultation and a report assessing the impact of the new CSM to be adopted.
Amendment 230 #
2013/0016(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make any necessary amendments to their national rules in order to achieve at least the CSTs, and any revised CSTs, in accordance with the implementation timetables attached to them. They shall notify these rules to the Commission in accordance with Article 8. Member States can always decide to achieve a higher safety level than defined in the CSTs.
Amendment 244 #
2013/0016(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. The Agency shall establish and publish common guidelines which should serve as a basis for modifications of national rules.
Amendment 249 #
2013/0016(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. As far as railway personnel are concerned, the safety management system shall include provisions of programs for training of staff and systems to ensure that the staff´s competence is maintained and tasks carried out accordingly. It also shall include systems to ensure that rules on working time, driving and rest time of staff with safety relevant tasks are registered, monitored and accessible for staff representatives and for controlling authorities.
Amendment 251 #
2013/0016(COD)
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. The safety management system shall include provisions for a "fair culture" as defined in article 3
Amendment 263 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. TheBefore any new service gets under way, a single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and, in other relevant legislation and in rules specific to the system in order to control risks and provide transport services safely on the network.
Amendment 323 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Appeals against decisions of the Agency or its failure to act within the time limits defined in article 10.2, 5 and 6 may be brought to the Board of Appeal designated under article 54 of the Agency regulation. Any natural, legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency.
Amendment 357 #
2013/0016(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The certificates granted in accordance with paragraph 4 shall be valid throughout the Union . The Agency shall set up and make public, then update without delay a register of certified entities in charge of maintenance. It shall be linked with the national vehicle registers or the European vehicle register in accordance with Article 43 §1 and §4 of the Interoperability directive. The Commission shall adopt common specifications for this register relating to content, data format, functional and technical architecture, operating mode and rules for data input and consultation by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 358 #
2013/0016(COD)
Proposal for a directive
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The Commission shall establish by implementing acts, a system for compulsory minimum intervals (km/time) for the maintenance of freight wagons, passenger rolling stock and locomotives. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 361 #
2013/0016(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. By 31 May 2014, the Agency shall evaluate the system of certification of the entity in charge of maintenance for freight wagons and shall consider the opportunity for an extension of that system to all vehicles and shall submit a report to the Commisextent that system to all other types of vehicles if deemed necessary by that evaluation. The Agency shall submit a report and a recommendation to the Commission about this extension.
Amendment 365 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall establish a safety authority. This authority shall be independent in its organisation, legal structure and decision making from any railway undertaking, infrastructure manager, and applicant and procurement entity. This authority may be the Ministry responsible for transport matters.
Amendment 382 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) inspection of the compliance with working, driving and rest time rules for locomotive drivers in the railway companies and on the track;
Amendment 386 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) inspections of the safety conditions of rail freight wagons and other rolling stock on the track as well as the compliance with regular maintenance requirements;
Amendment 395 #
2013/0016(COD)
Proposal for a directive
Article 18 – paragraph 1 – point f a (new)
Article 18 – paragraph 1 – point f a (new)
(fa) all technical inspections of rail freight wagons on the track;
Amendment 398 #
2013/0016(COD)
Proposal for a directive
Article 18 – paragraph 1 – point f b (new)
Article 18 – paragraph 1 – point f b (new)
(fb) all inspections of the compliance with working, driving and rest time rules including cross-border activities and rules on the certification of qualifications on the track;
Amendment 411 #
2013/0016(COD)
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
As from [24 months before the end of the transposition period of the present Directive], the Agency shall assess before the decisions taken by the Member States regarding safety certificates are issued, if they would decrease the level of railway safety, and if they would result in arbitrary discrimination or a disguised restriction on rail transport operation. In the case of negative assessment, the Agency shall inform the Commission, which may request the national safety authorities concerned to modify the decision, to suspend its application or to revoke it. If the national safety authority refuses to act, the Commission may refer the issue to the Committee referred to in Article 27.2.
Amendment 412 #
2013/0016(COD)
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Until [specific date to be inserted - three years after the end of the transposition period], the national safety authorities shall continue to grant safety certificates for railway undertakings intended to operate only in their own Member State in accordance with the provisions of Directive 2004/49/EC. Such safety certificates shall be valid until their date of expiry.
Amendment 78 #
2013/0015(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) For vehicles recognised by the Agency as "go-everywhere vehicles" according to the criteria defined in the TSI, the assessment of the Agency is recognised in all Member States for track gauge 1435mm, without further assessment.
Amendment 49 #
2013/0014(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In an open European railway market with increasing cross-border operations, the respect of driving and rest time is essential for railway safety and for fair competition and should be controlled and enforced. The Commission should propose rules and mandatory regular checks on the basis of an electronic on- board devise which registers the driving and rest time of locomotive drivers. The Agency should have the task of developing such an on-board registration device. National safety authorities should have the competence to control driving and rest times, including for cross-border operations.
Amendment 50 #
2013/0014(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) On-board personnel is performing operational safety tasks within the railway system and it is responsible for passengers' comfort and safety on-board trains. A certification similar to the certification of locomotive drivers should be set up by the Agency in order to guarantee a high level of qualifications and competences, to recognize the importance of this professional group for safe rail services and also in order to facilitate the mobility of workers.
Amendment 58 #
2013/0014(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) During recent years, several accidents in the rail freight sector illustrated the need for improving the rules at Union level for the maintenance of freight wagons. The Agency should work on harmonised compulsory requirements for regular maintenance intervals.
Amendment 142 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(ga) issue recommendations to the Commission relating to the content and design of a technical on-board device for registration and monitoring driving and rest time of locomotive drivers.
Amendment 148 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g b (new)
Article 15 – paragraph 1 – point g b (new)
(gb) issue recommendations to the Commission for a draft legislation on the certification of on-board personnel with safety tasks.
Amendment 203 #
2013/0014(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. The provisions of this Article do not apply to national rules on health and safety at work and qualification and training requirements for railway staff with safety relevant tasks.
Amendment 221 #
2013/0014(COD)
Proposal for a regulation
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5a. The provisions of this Article do not apply to national rules on health and safety at work and qualification and training requirements for railway staff with safety relevant tasks.
Amendment 284 #
2013/0014(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The Agency shall establish a network of representative bodies from the railway sector including, passengers and workers organisations, acting at the Union level. The list of these bodies shall be defined in an implementing act adopted by the Commission, in accordance with advisory procedure referred to in Article 75. The Agency shall provide the network with a secretariat. The tasks of the network shall, in particular, be:
Amendment 404 #
2013/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. After [24 months before the end of the period for transposition of the Interoperability Directive and the Railway Safety Directive], the Agency shall carry out a prior assessment in order to check whether authorisation of vehicles, authorisation of types of vehicles and safety certificates issued could reduce the level of railway safety or result in arbitrary discrimination or a disguised restriction on rail transport operation. Where the assessment is negative, the Agency shall inform the Commission accordingly. The Commission may request the national safety authority concerned to modify the relevant decision, suspend application thereof or rescind it. Should the national safety authority refuse to act, the Agency may refer the matter to the committee referred to in Article 48(3) of the Interoperability Directive.
Amendment 3 #
2012/2299(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the progress made in the development of a common Union approach to its External Aviation Policy; believes that this common approach needs to be strengthened in future in order to keep up with international competition;
Amendment 4 #
2012/2299(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the importance of tools such as the Joint Committee system to create common approaches to aviation- specific issues;
Amendment 5 #
2012/2299(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the progress made in the creation of a larger European Common Aviation Area through significant Air Transport Agreements with neighbouring countries and welcomes the fact that these have led to alignment of legal frameworks to EU legislation in important areas such as aviation safety, protection against threats to public safety, air traffic management, environment, air passenger rights, economic regulation and social aspects;
Amendment 6 #
2012/2299(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that air transport is a major contributor to the economy and employment serving 790 million passengers on the European airlines in 2012, with an estimated annual contribution of air transport to European GDP of EUR 365 billion;
Amendment 7 #
2012/2299(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. welcomes the comprehensive EU-US Air Transport Agreement and the positive impact it has had on both economies as well as the estimated 80 000 new jobs which were created in the first five years; Calls upon the Commission to conclude comprehensive Air Transport Agreements with other important partners such as Brazil, Australia and New Zealand as quickly as possible;
Amendment 8 #
2012/2299(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that the implementation of the Community's external aviation policy has allowed for substantial progress in terms of bringing national Air Services Agreements into line with EU law and that it has helped to maximise the potential of the single market insofar as it facilitates the consolidation of the EU aviation industry at a time when globalisation calls for stronger economic actors to resist foreign competition;
Amendment 9 #
2012/2299(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls upon the Commission and the Member States to press ahead with the implementation of the Single European Sky (SES) and the European Air Traffic Management System for a Single European Sky (SESAR);
Amendment 11 #
2012/2299(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the European aviation industry would have great potential for growth if there were fair and open competition among all countries, enabling aviation to fully realise its potential contribution to the European economy;
Amendment 14 #
2012/2299(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses, therefore, that Air Transport Agreements with neighbouring countries and like-minded partners must contain a regulatory framework for fair competition;
Amendment 24 #
2012/2299(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the increasing market share taken up by low-cost airlines heavily impacts upon European competition, modifies the market for short and medium-haul flights and has negative impacts on the social protection of employees;
Amendment 25 #
2012/2299(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Believes that although network carriers are facing stiff competition from low-cost carriers, they can still complement each other in view of the new challenges in the long-haul sector in markets outside the EU;
Amendment 26 #
2012/2299(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Believes that a strong EU External Aviation Policy focusing on the most significant growth markets in the long-haul sector would open up new economic opportunities to EU airlines, particularly in the Asia-Pacific region;
Amendment 27 #
2012/2299(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that its decision on social security for mobile employees is a suitable way to put a stop to some operators' attempts to exploit national social security systems against one another, to the detriment of employees;
Amendment 28 #
2012/2299(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Expects the Commission to ensure that airlines comply with these rules and to take appropriate steps should this not be the case;
Amendment 37 #
2012/2299(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that an ambitious EU policy on protecting air passengers’ rights can give EU airlines a quality advantage in global competition; calls on the Commission to further promote the high EU standards in the field of air passengers’ rights and to monitor their transposition and application;
Amendment 39 #
2012/2299(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to include the regulatory conditions for safety, security, passenger rights, staff training and certification in comprehensive agreements;
Amendment 33 #
2012/2294(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the complex challenges arising for food security, climate change, soil quality, raw material scarcity, and so on; recognises that eco-innovation can solveplay an important role in addressing many of these challenges; reiterates that such a transition requires a holistic approach incorporating education, training, skills development, research and innovation, private sector investment and infrastructure development, all of which contribute to diverse and sustainable employment opportunities.
Amendment 37 #
2012/2294(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that research forms the basis for innovation and eco-innovation; points to the great growth potential of eco- innovation and Europe’s chance to be a worldwide leader in the field, with the opportunities this implies for new, quality jobs.
Amendment 39 #
2012/2294(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes in particular the importance of access to appropriate training and skills development within the framework of eco- innovation, both to provide the required skilled workforce for employers, and to equip young people with the right skills to access emerging innovative employment opportunities; highlights in this regard the opportunity for rural apprenticeships and other forms of vocational training to develop these new skills sets;
Amendment 40 #
2012/2294(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights the vital role that partnerships and synergies between companies, the education sector, and local and regional authorities can play in providing the relevant training, to allow wide access to the employment opportunities and quality jobs which are emerging through eco-innovation;
Amendment 55 #
2012/2257(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that the 2012 policy guidance and its implementation have not been sufficiently effective as regards the attainment of the political targets enshrined in the Europe 2020 strategy; Deplores the fact that some Member States are moving further away from the 2020 target;
Amendment 93 #
2012/2257(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the key role of education and training in achieving the Europe 2020 Strategy objectives; Underlines the importance of keeping young people in education in order to decrease the number of the NEET Group;
Amendment 107 #
2012/2257(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Acknowledges the need to continue fiscal consolidation programmes in order to guarantee the sustainability of public finances, but warns about the negative short-term growth and employment effects thereof and the decrease in social standards, especially in countries in recession or with marginal growth rates;
Amendment 127 #
2012/2257(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Is concernedDeplores the fact that the European Parliament and national parliaments continue to play a limited role in the European Semester; highlights the fact that policy guidance in the AGS initiated by the Commission, and to be endorsed by the European Council, lacks parliamentary involvement and, therefore, democratic legitimacy;
Amendment 138 #
2012/2257(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the need to undertake the necessary reforms in order to guarantee the sustainability of pension systems; believes that retirement age should be linked to the evolution of life expectancy, but rRecalls that there is stilla scope to raise the actual retirement age without raising the mandatory retirement age by reducing early exit from the labour market; believes that, if actual retirement ages are to be raised successfully, reforms in pension systems need to be accompanied by policies that develop employment opportunities for older workers' access to life-long learning, and introduce tax benefit policies giving incentives to stay longer at work, and support active healthy ageing;
Amendment 151 #
2012/2257(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the recognition of the importance of access to finance for SMEs, as they are the cornerstone of employment and job creation within the EU and have significant potential for addressing youth unemployment and the gender imbalance; urges Member States to make access to finance for SMEs an absolute priority in their national growth plans; urges Member States to provide easy access to the European Funds dedicated to that end;
Amendment 53 #
2012/2234(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the European Council in March 2001 already endorsed the three- pronged Stockholm Strategy aimed at: reducing public debt at a fast pace, raising employment rates and productivity levels and reforming pension, health care and long-term care systems;
Amendment 56 #
2012/2234(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Whereas pension schemes within and across Member States significantly differ, e.g. regarding extent of funding, level of government involvement, governance structure, claim type, cost-efficiency, degree of collectiveness and solidarity, and therefore a common EU typology is not available;
Amendment 129 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
ii. a funded, employment-related, mandatory collective second-pillar pension, preferably governed by (sectoral) social partners and with compulsory participation of employers and workers concerned;
Amendment 152 #
2012/2234(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the Lisbon Strategy 2000- 2010, in the context of which the Commission and the Member States, during a decade, exhaustively discussed structural reforms with regard to macro- economic, micro-economic and employment policy, resulting in Treaty based country specific recommendations to Member States, many of which directly or indirectly related to safeguarding adequate and sustainable pensions; deplores the lack of implementation of these recommendations which could, to an important extent, have alleviated the impact of the crisis;
Amendment 153 #
2012/2234(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the comprehensive and high-quality publications 2012 Ageing Report and 2012 Adequacy Report that explore the long-term adequacy and sustainability of pension systems in all Member States; deplores the fact that the adequacy and sustainability dimensions of pensions are covered in separate reports of a highly technical nature; urgently requests the Commission and the Council to publish an integrated, concise, non- technical citizen's summary, which allows EU citizens to assess the challenges facing their national pension system in a EU comparison;
Amendment 287 #
2012/2234(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises the significant heterogeneity of pension schemes across the EU yet emphasises the importance for workers changing jobs within or outside their Member State not to have their mobility hampered by concerns about acquiring and preserving occupational pension entitlements; endorses the approach advocated by the Commission to focus on safeguarding the acquisition and preservation of pensions entitlements, aiming atnd calls on Member States to ensuringe that dormant pension rights of mobile workers are treated in line with those of active scheme members or those of retirees; is of the opinion that mobility on the labour market is hampered by long vesting periods and calls on Member States to lower those;
Amendment 302 #
2012/2234(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers the development that people in general lead longer, healthier and wealthier lives as one of the greatest achievements of modern society; calls for a positive tone in the ageing debate, on the one hand actively coping with the significant but surmountable challenge that ageing poses, on the other hand seizing the opportunities that ageing and the silver economy bring; acknowledges the very active and valuable role that the elderly play in our societies;
Amendment 10 #
2012/2067(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, however, some of these rights are still not being applied and enforced completely or properly by all carriers and national authorities; whereas, in addition, passengers are not well informed about their rights and the quality of service that they are entitled to expect, and their legal claims are often difficult to lodge and enforce;
Amendment 32 #
2012/2067(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends to the Commission to prepare a Common Frame of Reference (CFR) for passenger law, containing principles, definitions and model rules of passenger law for all modes of transport in order to form a basis for the further consolidation of passenger law. The Passenger-CFR should thereby follow the example of the CFR on European contract law;
Amendment 55 #
2012/2067(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that such information must be distributed with the help of new technologies in formats that are also accessible to people with disabilities or reduced mobility;
Amendment 79 #
2012/2067(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends that the Commission include in its list of passenger rights the right to a minimum quality services standard on the part of carriers, and that it set out a clear definition of such a standard;
Amendment 101 #
2012/2067(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to strengthen legislation on price transparency, stresses that a maximal price transparency shall enable consumers to compare the final price of travel, including fees for ancillary services, to make bookings of such services across all sales channels and to clearly recognize the difference between non-optional operational costs included in fares and bookable optional items;
Amendment 104 #
2012/2067(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Calls on the Commission to deal with the transparency and neutrality of distribution channels, which have developed outside the scope of Regulation 80/2009 on computerised reservation systems,
Amendment 105 #
2012/2067(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its call to the Commission to propose measures for the introduction of common standards for the carriage of hand luggage, so as to protect passengers against excessive restrictions and allow them to carry on board a reasonable amount of hand luggage, including purchases from airport shops;
Amendment 137 #
2012/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to produce a standard EU-wide complaint form, to be translated into all EU languages and used for all modes, which should be given to passengers when they make a reservation;, believes that a fixed maximum time limit for handling complaints should be laid down for all modes as well for passengers when submitting complaints, as for transport operators and national enforcement bodies when handling complaints;
Amendment 144 #
2012/2067(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission, together with the Member States, to ascertain where the structural and procedural flaws lie within the national complaint-handling services and eliminate them, and to ensure that the laws are implemented in conjunction with the planned EU measures in the area of alternative dispute resolution (ADR), with the proviso that passengersthe parties to a dispute must continue to have the option of appealing to the courts;
Amendment 155 #
2012/2067(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points to the need, as far as all modes are concerned, for a clearer definition of the term ‘extraordinary circumstances’, as this would enable carriers and national enforcement authorities to apply the rules more consistently and ensure that citizens could be informed to more useful effect about their rights; calls on the Commission to draw up the necessary legislative proposals, involving transport stakeholders;
Amendment 170 #
2012/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Reminds the Member States of their obligations under Regulation (EC) No 1008/2008 to carry out regular assessments of air carriers’ financial situation and to take the steps provided for in cases of failure to meet the stipulated conditions;
Amendment 171 #
2012/2067(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. invites the Commission to assess the impact of the ECJ ruling on the Case C- 402/07, introducing compensations in case of delays of more than 3 hours, on airlines and its consequences for passengers;
Amendment 177 #
2012/2067(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Requests the Commission to deal with the matter of liability for damage to baggage and specifically to mobility devices and other tools for independence, given that the cost of replacing these frequently exceeds the maximum amount of reimbursement permitted by international law;
Amendment 192 #
2012/2067(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on carriers, together with industry, to devise comprehensible standard notification procedures and, if possible, set up coordinated notification systems, so as to make travel easier for people with disabilities or reduced mobility and enable them to communicate their assistance needs in advance, including where more than one mode of transport is involved;
Amendment 226 #
2012/2067(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to create an intermodal stakeholder group to provide advisory support on issues relating to the application of the respective regulations;
Amendment 1 #
2012/2065(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Council Resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work, in particular article 41 __________________ 1 4. Develop a preventive and protective action for substances recognized as being carcinogenic, by fixing exposure limits, sampling requirements and measuring methods, and satisfactory conditions of hygiene at the work place, and by specifying prohibitions where necessary.
Amendment 3 #
2012/2065(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the directive 1999/77/EC states that "no threshold level of exposure has yet been identified below which chrysotile asbestos does not pose carcinogenic risks" and that "an effective way of protecting human health is to prohibit the use of chrysotile asbestos fibres and products containing them";
Amendment 9 #
2012/2065(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the ban on the use of asbestos, it is still found in many ships, trains, machinery and especially in buildings, including many public buildings;
Amendment 12 #
2012/2065(INI)
Motion for a resolution
Recital F
Recital F
F. whereas many workers are exposed to asbestos during their work activities, particularly in the maintenance and decontamination sectors;
Amendment 15 #
2012/2065(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in many Member States which have long-standing asbestos bans, younger workers and construction workers do not necessarily recognise asbestos in buildings when performing refurbishment or demolition work;
Amendment 18 #
2012/2065(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the success of asbestos regulations in the Member States is limited by a lack of knowledge of the existing of ACMs and a lack of vocational training and qualification of construction and maintenance workers, including construction professionals who are working incidentally with asbestos;
Amendment 19 #
2012/2065(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas local communities lack expertise and have serious shortcomings in the execution of prevention, surveillance and enforcement tasks, which are often too fragmented;
Amendment 20 #
2012/2065(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the location of ACMs is often hiddeunknown and knowledge about these locations is sharply decreasing over time;
Amendment 23 #
2012/2065(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas, in line with Directive 92/57/EEC1, in dangerous situations facilities must be provided to enable working clothes to be kept in a place separate from workers' own clothes and personal effects __________________ 1 Directive 92/57/EEC: Annex IV PART A GENERAL MINIMUM REQUIREMENTS FOR ON-SITE WORKPLACES 14.1.2 If circumstances so require (e.g. ►C1 dangerous substances ◄, humidity, dirt), facilities must be provided to enable working clothes to be kept in a place separate from workers' own clothes and personal effects.
Amendment 24 #
2012/2065(INI)
Motion for a resolution
Recital T
Recital T
T. whereas asbestos exposure is a threat to the general population and causes diseases to a recognised extent1; __________________ 1 A parliamentary committee concluded in 1978 after an 18-month investigatory period that asbestos presented ‘a danger both to workers in the asbestos industry and to those exposed in other situations’ (European Parliament 1978)
Amendment 32 #
2012/2065(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the EU to develop models for monitoring existing asbestos in private and public buildings including residential and non-residential housing, land, infrastructure, logistics and piping;
Amendment 54 #
2012/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Secretaries General of the EU institutions to provide a complete register – which should be open to the public – of ACMs in EU buildings; Calls on the EU institutions to lead by example by establishing public asbestos registers;
Amendment 73 #
2012/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a specific directive with minimum requirements for the vocational training of construction and maintenance workers and management, including construction professionals who are working incidentally with asbestos;
Amendment 79 #
2012/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UrEncourages the EU to start action plans for asbestos removal at European, national and regional levels, which are to include: legislation; education and information; training for public employees; national and international training; awareness-raising activities related to the removal of asbestos and products containing asbestos from buildings, public amenities and sites of former asbestos factories; cleaning premises, building landfills and installations for the destruction of asbestos and asbestos- containing debris; monitoring of the implementation of regulations, exposure assessments of at-risk personnel, and health protection;
Amendment 83 #
2012/2065(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to move forward with phasing out asbestos in the shortest possible timeframe;
Amendment 93 #
2012/2065(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include a coordinated strategy on asbestos in the upcoming Community Strategy for Health and Safety 2014-20 and to supply the European Agency for Safety and Health at Work with effective tools to improve the collection and dissemination of technical, scientific and economic information in the Member States and to facilitate the formulation and the implementation of national policies designed to protect the safety and health of workers;
Amendment 98 #
2012/2065(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 99 #
2012/2065(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for offenders to be prosecuted and punished, and therefore for any obstacles to such action which may be contained in national criminal law to be surveyed and abolished;
Amendment 100 #
2012/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to urgently put forward a proposal to amend Directive 2004/37/EC on the protection of workers from the risks related to carcinogens and mutagens at work, ensuring that the health of workers at risk of being exposed to carcinogens be protected and safeguarded through the promotion and exchange of best practices in prevention and diagnosis;
Amendment 101 #
2012/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for recognition procedures to be simplified and facilitated;
Amendment 102 #
2012/2065(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EU to ensure that all asbestos-related occupational diseases are recognised and compensated fors an occupational disease;
Amendment 108 #
2012/2065(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to create binding minimum guidelines for national procedures for the recognition and compensation of asbestos- related diseases;
Amendment 110 #
2012/2065(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to assistsupport conferences which provide asbestos victims' groups in accessing to professional advice and providing practical support for their members;
Amendment 111 #
2012/2065(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to establish and support an EU network of asbestos victims; takes the view that victims' groups should play a major role in devising responsive, appropriate and cost- effective ways of addressing victims' needs;
Amendment 114 #
2012/2065(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 116 #
2012/2065(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls, more generally, for the concept of health and safety of employees to be taken into account by national law and to constitute a performance obligation for employers with reference to Framework Directive 89/931/EC;
Amendment 117 #
2012/2065(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the EU to address the unacceptable dumping of asbestos on developing countries at forums where trade agreements are being discussed, in particular at the WTO, and to exert diplomatic and financial pressure on asbestos-exporting countries to shut down asbestos mining industries and to stop the illegal and unethical practice of exporting end-of-life ships containing asbestos;
Amendment 119 #
2012/2065(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Condemns European financial investment in global asbestos industries;
Amendment 120 #
2012/2065(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Calls on the Commission to ensure that vessels carrying asbestos as cargo in transit can neither dock nor use port facilities or temporary storage within the EU;
Amendment 4 #
2012/2031(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. SupWelcomes the Commission's reports on the objectivesimpact of Regulation (EC) No 1/2005 on the protection of animals during transport and related operations, but notes that its implementation has led to increased costs1/2005/EC, which concludes that the Regulation has had beneficial effects as regards the welfare of animals during transport, but that severe animal welfare problems persist; regrets that this report ignores preamble 5 of the Regulation, which states that 'for reasons of animal welfare thate transport companies have to bear, mainly due to the new requirements as regards vehicle facilitiesof animals over long journeys should be limited as far as possible';
Amendment 9 #
2012/2031(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that there continues to be a significant admConsiders that reducing the volume of transport by transporting carcasses inistrative burden in the use of satellite navigation devices, ead of live animals would have a positive impact on the environment, reducing the absence of Community hransport costs and pollution, improving the carmbonisation of the technical specifications for their use footprint of the transport sector, and encouraging the development of local production and consumption;
Amendment 11 #
2012/2031(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that reducing long road journeys for animals in favour of shorter journeys with slaughter at regional level will lead to a reduction of CO2 emissions and road congestion, which is also one of the main objectives of the White Paper on transport and of the Europe 2020 strategy;
Amendment 12 #
2012/2031(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the Federation of Veterinarians of Europe recommends that animals should be reared as close as possible to the premises on which they are born and slaughtered as close as possible to the point of production; believes that this principle would not lead to a decrease of activity in the transport sector as the reduction in the transport of live animals would be compensated by an increase in the transport of carcasses;
Amendment 18 #
2012/2031(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that European legislation on animal welfare in transport must not lead to distortions in the free trade in goods or entail disproportionate economic costs, while the particular situation of peripheral and outermost regions must also be taken into accouRecalls that Article 32 of the Regulation states that the Commission report shall take into account 'scientific evidence on the welfare needs of animals', and may be accompanied if necessary by appropriate legislative proposals concerning long journeys; calls on the Commission and the Council, therefore, to review Regulation 1/2005/EC in order to establish a maximum 8-hour limit for the journeys of animals transported for the purpose of being slaughtered, as also requested by Written Declaration 49/2011 by the European Parliament on 15 March 2012; proposes that this maximum 8-hour limit could be efficiently enforced by, inter alia, its integration into the digital tachograph instrument;
Amendment 21 #
2012/2031(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that Regulation 1/2005/EC requires vehicles that transport animals on long journeys to use a satellite navigation system to aid enforcement; believes that such systems would contribute more to improved enforcement if they transmitted data regarding travelling times and rest periods in real time to competent authorities;
Amendment 26 #
2012/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers thating the importance of good training for transporters is the basis of animal welfare, as it is the main guarantee of the proper handling of animals, and therefore, calls on the Member States to setep up training programmes where necessary;
Amendment 27 #
2012/2031(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 30 #
2012/2031(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the reports submitted yearly by the Member States are essential for understanding the impact of the legislation and taking appropriate corrective action; calls on the Commission to adopt measures on controls and a more harmonised reporting structure by 1 January 2013;
Amendment 32 #
2012/2031(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to research how new and existing technology can be applied in livestock vehicles to regulate, monitor and register temperature and humidity, which are essential elements for controlling and protecting the welfare of specific categories of animals during transport, in line with the EFSA recommendations;
Amendment 38 #
2012/2031(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the regulations are often inadequately enforced in the Member States and that their uniform application leaves much to be desired; calls on the Commission to take every available step to promote and monitor the standardised application of these regulations;
Amendment 40 #
2012/2031(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Regrets that the Commission only has limited options available to it to pursue legal action against and impose sanctions on those Member States which fail to apply the regulation correctly;
Amendment 15 #
2012/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Draws attention to the relative sense of urgency that the SES legislation be implemented successfully in order to avoid increased congestion with ever heavier traffic flows and outdated technologies;
Amendment 24 #
2012/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, in the Commission’s latest Communication on the issue, theit is estimations included that there may be a cumulative impact on EU GDP of €419 billion, a in the period 2013-2030 in the EU 27, a direct and indirect creation of 328 thousand jobs, and a net saving of around 50 million tonnes of CO2 emissions, if there is a full and timely deployment of the Single European Sky Air Traffic Management Research (SESAR) technology;
Amendment 26 #
2012/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that, should the deployment of SESAR be delayed by 10 years, the Commission states that the overall impact would be catastrophic: 30% lessa loss of around EUR 268 billion as a result of a reduced cumulative impact on EU GDP, 58%around 190 000 fewer new jobs created and 110%around 55 million tonnes less CO2 saved;
Amendment 27 #
2012/2005(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that, according to the Commission, the timely introduction of SESAR technology will bring practical benefits for passengers, shortening flight times by an average of 10% (or nine minutes), reducing cancellations and delays by an average of 50%, and improving punctuality on arrival and departure;
Amendment 28 #
2012/2005(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that, according to the Commission, the timely implementation of SESAR could lead to an average reduction in fares by around EUR 5 per ticket, if the users of civil airspace pass on their cost savings to passengers;
Amendment 29 #
2012/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that the proper functioning of the SES can only be assured if the various implementation dates are honourstrictly honoured by all concerned;
Amendment 31 #
2012/2005(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to issue a prompt reminder to the Member States of the need to meet their obligations, to monitor implementation in the Member States as closely as possible, and to impose effective sanctions without delay in the event that the legislation is not applied;
Amendment 36 #
2012/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists that enhanced priority should be given to this issue and that the proactive political support of all those involved is needed for the full and timely delivery of the SES;
Amendment 40 #
2012/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the challenges of the European Air Traffic Managements (ATMs) but underlines that the implementation of the SES will bring with it a strong demand for high end, and high skilled and high paid jobs;
Amendment 42 #
2012/2005(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that the social dimension is a key factor for the creation of a single European airspace, and an efficient social dialogue at all levels is a precondition for the swift and effective implementation of functional airspace blocks;
Amendment 58 #
2012/2005(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. AsksCalls on the Member States to ensure that the lack of resources, especially with regards to the National Supervisory Authority, be addressed swiftly at national political level;
Amendment 46 #
2012/2003(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that social investments, being the provision and use of finance to generate social as well as economic returns, aim at addressing emerging social risks and needs, and focus on public policies and human capital investment strategies that help and prepare individuals, families and societies to adoapt to variousthe transformations and to manage their transition towards more flexiblin the labour markets;
Amendment 51 #
2012/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that one of the most important features of social investments is their ability to reconcile social and economic goals and, therefore, that they should not only be treated as spending but alsoprimarily as investments that will give real returns in the future;
Amendment 57 #
2012/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes therefore that social investments should bare an important part of the European economic and employment policies, and of the EU’s responses to the crisis, and that this requires a better implementation of the employment, social and education goals of Europe 2020;
Amendment 77 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) create sustainable, new and quality jobs, improving work productivity as well as work distribution,
Amendment 99 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5. a) to enable the permanent integration of young people into working life, including those young people who neither have a job nor are completing education or professional training,
Amendment 113 #
2012/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages Member States to invest in supporting young persons, and in improving their access to the labour market, by providing training and youth internship programmes, by promoting entrepreneurship and creating incentives for employers to engage graduates and unqualified young people, by securing a better transition from education to work and by promoting European and regional mobility;
Amendment 122 #
2012/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to guarantee a comprehensive implementation of flexicurity principles, and to address labour market segmentation, by providing both adequate social protection coverage for people in periods of transition, or on temporary or part-time employment contracts, and access to training, career development and full-time work possibilities; encourages Member States to invest in services – such as childcare and all-day school places – that help promote gender quality, foster better work–life balance and encourage inactive and lone parents to work;
Amendment 131 #
2012/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages Member States to introduce necessary reforms in order to increase the statutory retirement age and limit early retirement possibilitieensure adequate, secure and sustainable pensions, and to combine this with the constant improvement of working conditions and the implementation of lifelong training schemes enabling longer professional careers;
Amendment 88 #
2012/0184(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Since the objective of this Regulation, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the Union, cannot be sufficiently achieved by the Member States and can therefore 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. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. Member States may decide to lay down requirements more stringent than the minimum standards.
Amendment 161 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘inspector’ means a person authorised by a Member State to carry out roadworthiness tests inand belonging to a testing centre or acting on behalf of a competent authority ;
Amendment 165 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘testing centre’ means public or private bodies or establishments, including those car authorised by a Member State to carry out roadworthiness tests. In order to assure the necessary ing out vehicle repairs, authorised by a Member State to carry out roadworthiness tests ;dependence and objectivity of vehicle testing, testing centres must not perform motor vehicle maintenance or repairs, selling or leasing. If a Member State ensures impartiality by imposing an effective separation between these business activities and the roadworthiness testing activities (on organisational, personal and financial level), it may deviate from this obligation.
Amendment 216 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In the case where a vehicle of categories M1 or N1 reaches a mileage of over 160 000 km on the first roadworthiness test after the vehicle was first registered, it shall be subject to a roadworthiness test thereafter annually.
Amendment 224 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4a) Notwithstanding Annexes I to VI, Member States may bring forward the date of the first compulsory roadworthiness test and, where applicable, require a test prior to registering a vehicle and/or require additional technical inspections.
Amendment 237 #
2012/0184(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a Notwithstanding the minimum requirements set out in Annex II, Member States may increase the number of items to be tested.
Amendment 260 #
2012/0184(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a Notwithstanding Annexes I to VI, Member States may subject testing facilities and equipment to more stringent technological and technical requirements than those set out in Annex V.
Amendment 262 #
2012/0184(COD)
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1 b Testing facilities which have already been authorised by Member States prior to the entry into force of this Regulation shall be retested for compliance with the minimum standards following a period of at least five years.
Amendment 340 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 8.2.1.2 – column 2
Annex II – Item 8.2.1.2 – column 2
8.2.1.2 Gaseous emissions Measurement using an exhaust gas analyser in accordance with the requirements(1).. Alternatively, for vehicles equipped with suitableand, for vehicles equipped on-board diagnosticwith OBD in accordance systems, the properwith requirements, functionreading of theOBD emission system can be information and checks checked by appropriate on the proper functioning reading of the OBD system at device and checks on the engine idle in accordance proper functioning of thewith the manufacturer's OBD system in place of recommendations and emission measurements other requirements(1) .The at engine idle in tailpipe testing shall accordance with the lways be the default manufacturer's ethod of exhaust conditioningemission assessment, recommendations and even if combined with other requirements(1)OBD.
Amendment 344 #
2012/0184(COD)
Proposal for a regulation
Annex II – Item 8.2.2.2 – column 2 – point (a)
Annex II – Item 8.2.2.2 – column 2 – point (a)
8.2.2.2 Opacity Vehicles registered or put (a) Exhaust gas opacity to into service before 1 be measured during free January 1980 are acceleration (no load from exempted from this idle up to cut-off speed) requirement with gear lever in neutral and clutch engaged. The tailpipe testing shall always be the default method of exhaust emission assessment, even if combined with OBD.
Amendment 147 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainany control measures or administrative formalities to undertakings posting workers for the provision of services deemed to be effective and necessary for that purpose. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 393 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In cases of non-compliance with the criteria of Article 3, paragraph 1 and paragraph 2, the full legislation, regulations and collective agreements of the host Member State are applicable to the workers concerned. In this respect it must be ensured that the most favourable conditions are effectively applied to the concerned workers.
Amendment 416 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission and the Member States shall financially support joint initiatives of the relevant social partners, at the European and national level, to set up joint instruments which are aimed to inform undertakings and workers on the applicable terms and conditions to be respected according to Directive 96/71/EC.
Amendment 524 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 549 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simpleprior declaration to the responsible national competent authorities at the latest atfive working days before the commencement of the service provision, whereby the declaration may onlyshould at least cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;
Amendment 561 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form, during the period of posting, of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents during the period of posting, forms providing information on the membership to a social security network in the country of origin or the full contact details of the social security body to which the posted workers are affiliated during their stay in the host member country (Regulations 883/2004 EC and 987/2009 EC), certificate of fitness for work issued by a qualified Occupational Health Service from the country of origin, in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 574 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documentsif deemed necessary by the competent authority or body of the host member country;
Amendment 591 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partnerscompetent authority or body in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 624 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 777 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or to notify it of a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decisions.;
Amendment 15 #
2011/2196(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the connectivity offered by aviation to EU regions, citizens and businesses is unique and cannot be replaced; whereas Europe’s airports provide a network of 150 000 city pairs, while Europe’s high-speed trains provide a network of about 100 city pairsextremely important;
Amendment 23 #
2011/2196(INI)
Motion for a resolution
Recital D
Recital D
D. whereas airport retail sales have decreased by 40%markedly due to the introduction of restrictive policies for hand-luggage by some airlines; whereas the impact of the ‘one bag’ rule has been to bring about a dramatic decline in sales of almost 70% for some regional airports; whereas 32%one third of retail profit in airports goes towards subsidising airlines via landing charges;
Amendment 25 #
2011/2196(INI)
Motion for a resolution
Recital F
Recital F
F. acknowledges that Europe ismajor airports in some Member States are experiencing a capacity crunch at major airports;
Amendment 42 #
2011/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to take a balanced approach in future revisions of aviation guidelines in order to provide for a socially, environmentally and economically visustainable development of regional air services which adheres to the principles of subsidiarity and proportionality, taking into account the very different geographical and economic circumstances of the various regional airports;
Amendment 59 #
2011/2196(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses concern at the current practice of low-cost airlines, which often operate from regional airports, of taking advantage of their dominant position to pursue aggressive business practices which are increasingly resulting in a poorer quality of service for passengers and a deterioration in working conditions for staff;
Amendment 70 #
2011/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that capacity management is not the same at ‘slot coordinated’ airports as at ‘slot non- coordinated’ airports; is of the opinion that there is plenty of spare capacity to be utilised at many regional airports and that, by using that spare capacity, congestion and stacking at major airports can be reduced and the environmental impact minlimisted;
Amendment 79 #
2011/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the Commission study on the allocation of slots states that the ‘European regions are losing direct links to some of the most congested airports’, and is disappointed that this study deals only with major airports; therefore suggests that the scope of the study be extended to regional airports;
Amendment 84 #
2011/2196(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that regional airports situated away from urban centres are often not adequately connected to the transport network on the ground; calls for more investment in these strategically important connections, particularly with regard to the improved multimodal mobility highlighted in the Commission’s White Paper on Transport;
Amendment 98 #
2011/2196(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the need for better integration between modes of transport, as well as the fact that traffic share must be determined by the market; urges the Commission to come forward with a communication encouraging industry to develop multi- modal through ticketing between the rail and air sector; points to the fact that schemes of this kind are already in operation, such as the ‘rail and fly’ tickets being offered by certain carriers in Germanysome Member States; highlights in this context the importance of laying down common standards for passenger rights in all forms of transport;
Amendment 130 #
2011/2196(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Strongly bBelieves that major regional airports with consistent year-round traffic should be included in the TEN-T Core Nenlarged network, especially those with high- volume connectivity with third countries and intra- European traffic and those regional airports which can serve to relieve bottlenecks;
Amendment 135 #
2011/2196(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Firmly believes that the development of regional airports should be encouraged primarily in regions lacking in other forms of transport connections;
Amendment 141 #
2011/2196(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that the Commission has not paid attention to the request from Parliament and the Council in Article 10(4) of Decision 884/2004/EC for regional airports to be connected to the network, especially in view of the need for air transport services to Europe’s regions to be ensured alongside the development of high-speed rail services, as air transport can in certain circumstances reach further and serve thinner markets more efficiently in terms of time, cost and environmental impact;
Amendment 44 #
2011/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the European reference framework on occupational health and safety (OHS) does not automatically provide for improvement in working conditions, and that proper implementation, notably via employee participation, and supervision of the application of the legislation are crucial; calls on the Commission to take swift action when infringements are detected and to reinforce sanctions when necessary;
Amendment 49 #
2011/2147(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that – apart from the business’s image and economic factors – legal requirements and employee claims are the two main factors motivating employers to take action;
Amendment 51 #
2011/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that OHS policies, at European and national level, should be made consistent withand be fully integrated into other public policies: health, employment, industry, environment, transport, road safety, education and energy;
Amendment 105 #
2011/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the results of the Commission’s ‘Scoreboard 2009’ project illustrating the individual performances of the Member States; regretscalls on Member States to ensure that the data are not subject to any democratic control and are provided on a purely optional basiscompulsorily;
Amendment 113 #
2011/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Questions whether rights to OHS are respected in the case of undeclared activities; takes the view that this injustice can only be prevented by more stringent controls and appropriate sanctions; stresses that OHS is a right irrespective of the worker’s status, and that this right must be made effective through legislation;
Amendment 143 #
2011/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that labour inspectors play a vital role in verifying the implementation of the legislation in force and, thereby, in prevention; encourages the Member States to increase the staffing levels of, and the resources available to, their labour inspectorates and to strengthen sanctions against enterprises not complying with their obligations concerning fundamental rights (salaries and OHS, including working hours);
Amendment 181 #
2011/2147(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concened by the rising number of stress related illnesses and notes the lack of education in managing stress at work; calls for preventive actions through stress management training, stress prevention training and awareness raising during education, training and work life;
Amendment 200 #
2011/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an impact assessment of the potential risks from new technologies, especially in nanotechnologies in the workplace;
Amendment 209 #
2011/2147(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that excessive working hours and insufficient rest periods are major factors in the increased level of occupational accidents and diseases; hopes that the opt-out provisions applicable to Directive 2003/88/EC will be removed; stresses that these provisions violate the fundamental principles of OSHcalls on Member States to fully implement the Directive 2003/88/EC;
Amendment 248 #
2011/2096(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses the importance of enhanced coordination and cooperation between the national authorities in cross-border prosecutions in the case of traffic offences in order to provide more safety and coherence in European road traffic;
Amendment 266 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 1
Paragraph 15 – indent 1
– another review of the rules on driving and rest times for passenger and goods transport, and the implementation thereof, by 2014, taking account of the European Parliament’s proposals on harmonisation between Member States of the penalties applying in the event of serious contravention of the social regulations in road transport;
Amendment 279 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 2
Paragraph 15 – indent 2
– a 40% increase in the number of parking spaces for heavy goods vehicles on the Trans-European Road Network (TERN) in each Member State compared with 2010 figures, taking safety and hygiene standards in particular into account;
Amendment 290 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 3 a (new)
Paragraph 15 – indent 3 a (new)
- a rapid cancellation of all restrictions on cabotage in order to facilitate economically and ecologically optimum usage of the transport vehicles and to avoid unnecessary empty runs as far as possible, accompanied by a harmonisation of the social provisions in order to prevent wage dumping and guarantee fair competition;
Amendment 292 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 4
Paragraph 15 – indent 4
– an improvement in the initial and further training of persons employed in the transport sector, and in access to those professions, in order, on the one hand, to harmonise working conditions and salaries; and, on the other hand, significantly to boost the attractiveness of these professions and hence actively counteract the constantly increasing skills shortages;
Amendment 385 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 1 a (new)
Paragraph 18 – indent 1 a (new)
- with respect to improving safety in European train transport and for the purposes of establishing a common internal market, increasing promotion of technical harmonisation and interoperability between the different Member States, in particular where the European safety system ETCS is concerned, and for the European Railway Authority to be equipped with the necessary competences and resources to this end;
Amendment 394 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 3
Paragraph 18 – indent 3
– the independence and strengthening of national regulatory authorities, in the interest of more efficient railways, and the submissfor their closer cooperation in an European network, and the submission, in consideration of the experiences gained from this cooperation, by 2014, of a Commission proposal to establish a European regulatory authority, if this should be deemed necessary;
Amendment 7 #
2011/2094(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reaffirms its commitment to making a reality of the Single European Railway Area, where non-discriminatory access to the rail network is crucial; calls on the Member States to speed upguarantee liberalisation of the railway transport sector and to guaranteeensure that fair competition is observed by means of their national regulatory authorities;
Amendment 11 #
2011/2094(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 17 #
2011/2094(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ascertain whether the abolition of trade tax for a rail undertaking with a registered office in a given Member State and the simultaneous introduction of a flat-rate levy on rolling stock is compatible with EU competition law, given that non-national undertakings – unlike domestic undertakings – have to pay the trade tax in their Member State of establishment and that this situation is liable to create unfair competition;
Amendment 20 #
2011/2094(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that, in view of the level of indebtedness of companies in the railway sector in the new Member States, debt cancellation should continue to be permitted under certain conditions and in particular if such cancellation helps to ease the way to an open rail market, though distortions of competition should always be avoided;
Amendment 21 #
2011/2094(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to work on the swift abolition of all existing restrictions on cabotage, in order to allow fair competition and avoid as many unnecessary empty runs as possible, together with harmonisation of the social provisions at European level to prevent wage dumping and social imbalances;
Amendment 31 #
2011/2094(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Expresses its satisfaction with the fact that passenger rights have now been regulated for all transport sectors and welcomes in particular the Commission’s intention to publish a comprehensive common overview of passenger rights for all transport modes; recommends to the Commission that it also publish a passengers’ handbook/guide, to be widely distributed for the information of passengerthe rights of passengers using all transport modes; stresses that particular attention should be paid to the use of fair compensation schemes for refunds in cases of delays;
Amendment 38 #
2011/2094(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission, in implementing the directive on postal service liberalisation, to verify compliance with the universal service obligation and to ensure that competition focuses on the areas of quality and service and does not lead to social dumping at the expense of workers;
Amendment 7 #
2011/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. StresseRegrets that the percentage of early school leavers in the EU currently stands at 14.4% and that 17.4% of these have only completed primary school;
Amendment 14 #
2011/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that a reduction to 10% of early school leavers in the EU, one of the headline targets of the EU 2020 Strategy, would have an effect in reducing youth unemployment and in improving the employment rate, since currently 52% of school leavers are unemployed; considers that reducing the early school leaving rate by only 1% could boost the number of qualified potential employees by 500 000;
Amendment 18 #
2011/2088(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the long-term economic and social effects of early school leaving, leading to a lack of skilled labour force throughout the European economy, an increased risk of unemployment, poverty and social exclusion;
Amendment 22 #
2011/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the Commission should present to the committeeParliament in a year’s time a survey, assessment and evaluation of national reform programmes, specifying the means established to tackle unemployment, for example apprenticeship, work-study programmes, professional mentoring, etc, and including employment projections by sector and skill level;
Amendment 31 #
2011/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the challenge of early school leaving is different within and between the Member States, with large differences in early school leaving rates between the Member States; Urges the Member States to carry out an analysis of the problem of early school leaving, while taking due account of data protection, and to develop appropriate packages of measures for prevention, intervention and compensation;
Amendment 44 #
2011/2088(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates flexible, needs-based forms of learning at schools and stresses that this challenge must be addressed in particular by primary schools and in the early years of secondary schooling; taknotes the view that teaching staff should be qualifiedimportance of qualified teaching staff for this purpose;
Amendment 69 #
2011/2088(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that pupils’ personal situations, e.g. gender, low level of education in the family or a migrant background, must be taken into account, and that these pupils must be given targeted encouragement from the outset; stresses that Roma children and children with no identity papers must be enabled to attend school;
Amendment 97 #
2011/2088(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that early school leavers should be approached by the competent employment authority as quickly as possible after dropping out of school to provide them with the necessary information about their options; notes the importance of giving them a perspective through individual support and to prevent a life of long-term unemployment and social exclusion;
Amendment 112 #
2011/2088(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Encourages Member States to reduce early school leaving by exchange of experience and good practice on the national and European level;
Amendment 122 #
2011/2088(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Advocates the targeted deployment of the structural funds, especially the European social fund, for early school leavers.;
Amendment 76 #
2011/2067(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, within the Europe 2020 strategy, Member States agreed on an employment target of 75% for the 20-64 years age group by 2020; recalls that, one of the five headline targets of the Europe 2020 strategy is to reduce the early school leaving rate to 10%; underlines that a drastic reduction of the youth unemployment rate is a precondition to reach the employment target; calls on all stakeholders to intensify their efforts to make the Europe 2020 strategy a success;
Amendment 121 #
2011/2067(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that national flexicurity arrangements must be strengthened and adapted to the new socio-economic contexts of each individual Member State, in accordance with its specific needs, in order to ensure a flexible and active labour market, efficient training and secure social security systems; warns againststresses that flexicurity should not be perceived as a one-size- fits- all solutions;
Amendment 147 #
2011/2067(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission's initiative to produce an EU Skills Panorama and to reform the European Employment Services EURES network to improve transparency for jobseekers and to promote job mobility in the EU;
Amendment 149 #
2011/2067(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the Commission estimates that by 2020 35 % of all jobs will require high-level qualifications compared to 29% today;
Amendment 203 #
2011/2067(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Draws attention to the importance of investing in the right skills and improving the EU's ability to match qualifications to jobs and accurately to forecast future trends so as to offer employment opportunities to all and create a more competitive and sustainable economy;
Amendment 208 #
2011/2067(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers it necessary to improvalls for an improvement in the mutual recognition of competences, diplomas and skills at EU level, with the same recognition being extended to workers from third countries;
Amendment 226 #
2011/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States and the Commission to stimulate creation of small and medium-sized enterprises, to provide them with a regulatory friendly environment, to reduce the level of bureaucracy to a minimum and to improve their access to finance; recalls that 85% of jobs in the EU are provided by SMEs; urges all relevant stakeholders to remove barriers to business creation and its free movement;
Amendment 261 #
2011/2067(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly condemns undeclaredillegal work which endangers bothis seriously damaging to society and endangers workers; calls on the Member States to carry out regular checkmore checks and impose appropriate penalties and to initiate information campaigns in order to raise awareness of long-term disadvantages for workers employed in the black economy;
Amendment 265 #
2011/2067(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the health-care sector has a critical role to play in achieving the goals of the Europe 2020 strategy; furthermore considers that, because of demographic change, the health and social care sector is an important employer, whose significance is likely to growwill grow as a result of demographic change; calls on the Commission to initiate a study on care assistants employed in clients’ homes in order to establish whether EU legislation provides sufficient social protection for this category of workers;
Amendment 289 #
2011/2067(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses, however, that flexicurity alone cannot remedy the crisis and encourages all stakeholders to promote the necessary labour market reforms to ensure an improvement of its functioning; calls on the Commission, Member States and the social partners to pay special attention to workers from disadvantaged groups, such as young people, low-skilled workers and workers with disabilities;
Amendment 358 #
2011/2067(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that adequate social protection should be at the core of employment quality and thus also of the job quality concept; notes that workers rights and their social protection must be insured in every contractual form;
Amendment 377 #
2011/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WishesCalls on the Commission to initiate a framework directive on minimum income, designed to prevent poverty and serve as a basis for people to live in dignity and make headway with finding employment or identifying training opportunities, with due regard for differing practices, collective labour agreements and legislation in the various Member States;
Amendment 8 #
2011/2044(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to put forward a legislative proposal on the roadworthiness testing of motor vehicles, with a view to reducing the administrative burden for citizens and industry while guaranteeing a highthe dynamic development of testing methods and test content and at the same time ensuring the highest possible level of road safety;
Amendment 12 #
2011/2044(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a .Calls on the Member States to minimise the financial expense to the public of registering vehicles in another Member State by avoiding unnecessary costs through a common approach;
Amendment 13 #
2011/2044(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the mutual recognition of technical controls between the Member States, based on common definitions and comparable test standards, when a vehicle is transferred from one Member State to another;
Amendment 14 #
2011/2044(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Proposes the establishment of a European database to centralise the technical data of all vehicles in order to permit the mutual recognition of technical controls, enable Europe-wide comparability and facilitate cross-border vehicle registration;
Amendment 15 #
2011/2044(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends a consolidation of existing passengers’ rights within a common framework, so as to harmonise the application and enforcement of these provisions in all modes of transport within the Single Internal Market and to prevent discrimination between the different modes of transport;
Amendment 16 #
2011/2044(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to draw up a legislative proposal to offer passengers better protection in the event of the insolvency of airlines, for example through mandatory insurance for airlines or the establishment of a guarantee fund;
Amendment 18 #
2011/2044(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises that people with disabilities very often encounter obstacles and barriers when travelling that exclude them from many of the opportunities of the Single Internal Market and calls on the Commission to pay greater attention to this aspect in relation to passengers’ rights;
Amendment 72 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within twofour weeks from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 74 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of twofour weeks referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 76 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 1
Article 4d – paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within twofour weeks, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 153 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 262 #
2011/0398(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 55 #
2011/0397(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 57 #
2011/0397(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
The European Parliament rejects the Commission proposal.
Amendment 59 #
2011/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 68 #
2011/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Free access to the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards and precautionary provisions for quality and employment conditions are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sector.
Amendment 71 #
2011/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 89 #
2011/0397(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To make sure that all service suppliers and self-handling airport users possess sufficient economic solidity, good repute, sufficient insurance coverage, and proper knowledge of groundhandling operations and, the airport environment and security and safety requirements, and in order to establish a level playing field, the granting of approval should be subject to minimum requirements.
Amendment 130 #
2011/0397(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 139 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
All airport users shall be free to self- handle. t every airport in the European Union, airport users shall be free to self-handle if the airport has had an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years. Member States may, at most, limit the number of self-handling airport users in respect of the following four of the 11 categories of groundhandling services: (a) Category 3: baggage handling; (b) Category 4: freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft; (c) Category 5: ramp handling; (d) Category 7: fuel and oil handling. Member States may not, however, limit the number of self-handling airport users to fewer than two.
Amendment 155 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 158 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 165 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
At airports where the number of suppliers is limited to two or more suppliers in accordance with paragraph (2) of this Article, or Article 14(1)(a) and (c), at least one of the authorised suppliers shall not be directly or indirectly controlled by:
Amendment 166 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Where the number of authorised suppliers is restricted pursuant to paragraph (2), Member States may not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling service subject to limitation, an effective choice, under the conditions laid down in paragraphs (2) and (3), between at least: two groundhandling services suppliers.
Amendment 170 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 1
Article 6 – paragraph 4 – indent 1
Amendment 175 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 177 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 181 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where an airport reaches one of the freight traffic thresholds laid down in this Article without reaching the corresponding passenger movement threshold, this Regulation shall not apply to categories of groundhandling services reserved exclusively for passengers. or to infrastructure used exclusively for handling passengers.
Amendment 183 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Where an airport reaches one of the passenger traffic thresholds laid down in this Article without reaching the corresponding freight movement threshold, this Regulation shall not apply to categories of groundhandling services reserved exclusively for freight or to infrastructure used exclusively for handling freight.
Amendment 190 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 199 #
2011/0397(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. If an invitation to tender does not manage to find the requisite number of suppliers of groundhandling services referred to in Article 6(2), the competent authority should conduct a new invitation to tender within 48 months of the expiry of the previous one.
Amendment 201 #
2011/0397(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) the applicant meets the requirements of Articles 34 and 40;
Amendment 204 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The basic tender documents must take local conditions into account, and therefore have to be drawn up by the managing body of the airport. These documents include the establishment of minimum quality standards that take into account the provisions of Articles 34 and 40, as well as a representative flight schedule. In the award procedure the tendering authority shall select a supplier among the short-listed applicants and award the authorisation to this supplier after consulting the Airport Users' Committee and the managing body of the airport, if the latter is different from the tendering authority.
Amendment 207 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The following award criteria shall include the followingmay be used. Taking local conditions into account, these may be extended, curtailed or removed, with the exclusion of award criteria resulting from Articles 34 and 40. The introduction of these criteria shall be mandatory in all Member States:
Amendment 267 #
2011/0397(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At airports whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least three consecutive years, nNo undertaking shall be permitted to provide ground-handling services whether as a supplier of ground-handling services, a sub-contractor or as a self-handling user unless it has been granted the appropriate approval. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.
Amendment 268 #
2011/0397(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At airports whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least three consecutive years, no undertaking shall be permitted to provide groundhandling services whether as a supplier of groundhandling services or as a self-handling user unless it has been granted the appropriate approval. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approvalSubcontractors are also covered by this requirement and must be in possession of an approval that is accepted in all EU Member States. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval. However, account shall be taken of the provisions of Article 12 and, in particular, of Articles 34 and 40.
Amendment 274 #
2011/0397(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(c a) it complies with the requirements of Articles 12, 34 and 40. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 304 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. The validity of the approval shall expire or be suspended in the event of failure to comply with the provisions of Articles 34 and 40. Failure to comply with the provisions of Articles 34 and 40 during the approval procedure shall lead to approval being withheld.
Amendment 311 #
2011/0397(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the approval.
Amendment 315 #
2011/0397(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval may be withheld only if the supplier of groundhandling services or self-handling airport user does not meet, for reasons of his own doing, the criteria referred to in this Chapter and the provisions of Articles 34 and 40.
Amendment 320 #
2011/0397(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Airport Users' Committee disagrees with the decision of the managing body of the airport to centralise, or not to centralise, an infrastructure or with the scope of centralisation, it may ask the independent supervisory authority or the corresponding competent bodies of the Member State concerned to decide whether the infrastructure concerned is to be centralised or not and to what extent.
Amendment 341 #
2011/0397(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. Where the Airport Users' Committee disagrees with a fee set by the managing body of the airport or, where relevant, the managing body of the centralised infrastructure, it may ask the independent supervisory authority or the corresponding competent bodies of the Member State concerned to decide on the level of the fee.
Amendment 426 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point a a (new)
Article 31 – paragraph 3 – point a a (new)
(aa) The managing body of the airport, a competent authority or another body responsible for airport supervision shall be free to choose appropriate means and instruments to punish breaches of the rules of conduct or failures to comply with instructions. Such appropriate means shall explicitly include contractual penalties.
Amendment 427 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point c
Article 31 – paragraph 3 – point c
(c) they may not, in practice, reduce market access or the freedom to self-handle to a degree below that provided for in this Regulation. In particular in the case of breaches of the provisions of Articles 34 and 40, however, market access or the freedom to self-handle must automatically be restricted. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 430 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriate on a proposal from the managing body of the airportshall:
Amendment 434 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 4 – point a a (new)
Article 31 – paragraph 4 – point a a (new)
Amendment 435 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of this Article, 'minimum quality standards' means minimum quality level requirements for groundhandling services. The provisions of Articles 34 and 40 shall apply. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 445 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less thanover 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, the airport managing body of the airport or, where appropriate, the Member State, the public authority or any other body which controls the airport shall set minimum qualityadditional minimum standards for the performance of groundhandling services which may go beyond the basic provisions of Articles 34 and 40.
Amendment 474 #
2011/0397(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 478 #
2011/0397(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 494 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in subcontracting. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.
Amendment 499 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Self-handling airport users may subcontract groundhandling services only where they are temporarily unable to perform self-handling due to force majeure. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.
Amendment 347 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Operators of passenger stations shall ensure that passenger stations provide access to information, ticketing and commercial activities for railway traffic throughout the comprehensive network and where appropriate information on connection with local and regional transport, in accordance with Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system.
Amendment 380 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3–point c – subpoint 2
Article 13 – paragraph 3–point c – subpoint 2
(2) electrification, with the exception of branch lines and terminals;
Amendment 483 #
2011/0294(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a a (new)
Article 22 – paragraph 1 – point a a (new)
(aa) internalisation of the external costs (accidents, pollution, noise, congestion) generated by each transport mode;
Amendment 612 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a – indent 1
Article 45 – paragraph 2 – point a – indent 1
- full electrification of the railway lines, with the exception of branch lines and terminals;
Amendment 155 #
2011/0270(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In accordance with Articles 45 and 46 of the Treaty, Regulation (EU) No 492/2011 lays down provisions intended to achieve freedom of movement for workers by ensuring close cooperation between the Member States and with the Commission. EURES should promote better functioning of the labour markets by facilitating transnational geographical mobility of workers, providing greater transparency on the labour market, ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of recruitment, advice and guidance services at national and cross-border level, thereby contributing to the objectives of the Europe 2020 Strategy. The EU initiative 'Your first EURES job' should make it easier for young people to access employment opportunities and take up a job in another Member State, as well as encouraging employers to create job openings for young mobile workers, which should have a positive impact on high youth unemployment.
Amendment 123 #
2011/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 144 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – Paragraph 2 – point i
Article 2 – Paragraph 2 – point i
(i) “workshop card” means a tachograph card issued by the authorities of a Member State to a recording equipmentdesignated member of staff of tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State which identifies the cardholder and allows for the testing, calibration and/or downloading of the recording equipmenttachograph; this also imposes the obligation of management of tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State, to ensure that no fraudulent activity takes place at a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State;
Amendment 197 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks. It should include driver activities and speed. Data concerning the identity of the driver, driver activities and speed shall not be communicated.
Amendment 202 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipment. This roadside filtering must also be complemented by random enforcement checks, regardless of the reading on the roadside unit, to combat possible manipulation of the signal by certain transport undertakings. This may be aided by the establishment of a European wide database, or national databases, which would track the compliance record of transport undertakings, on the basis of physical checks carried out by enforcement officers.
Amendment 216 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 8 a (new)
Article 8 a (new)
Article 8 a The Commission is to carry out an Impact Assessment on the feasibility of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, within 24 months of the entry into force of this regulation. The Commission shall examine the technical solutions available, and card compatibility issues, in order to reduce the amount of card fraud currently taking place The Commission shall communicate its findings to the European Parliament within 30 months of the entry into force of this regulation.
Amendment 224 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States shallcan take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings. In particular, i, if member states deem it necessary. In particular, Member States may decide to prohibit the practice of a transport undertaking is also operating as an approved fitter or workshop, it shall not be allowed to and thus prevent them from installing and calibrateing recording equipment in itstheir own vehicles.
Amendment 241 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Amendment 242 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Amendment 245 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 28 1 a (new)
Article 28 1 a (new)
1 a. The digital tachograph shall not be set in a way that it automatically switches to a specific indication when the vehicle's engine or ignition is switched off. The driver should be able to choose manually a category, depending on his activity or rest after the switch off.
Amendment 311 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 319 #
2011/0196(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 13 #
2010/2307(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the objective of all initiatives must be to educate young people for the Europe of the future, which means making it possible for all young people to enjoy schooling, vocational training and, higher education and further training that lays stress on meeting the technological requirements of a modern and sustainable society;
Amendment 31 #
2010/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that youth unemployment – the causes of which the ILO does not consider to lie in income and non-wage labour cost levels, participatory rights and social protection standards – is a problem that must be overcome and that all employment contracts mustshould provide for unrestricted social rights from the first day on; rejects any proposal to deviate from this principle;
Amendment 46 #
2010/2307(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that voluntary mobility in the framework of schooling and vocational training and for the purposes of employment should be promoted for all young people, irrespective of their financial situation, with each individual being able to determine the degree of his or her own mobility;
Amendment 84 #
2010/2307(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the transition from school, vocational training or higher education to employment must be better prepared and must follow on directly from education or training, and welcomes the ‘European Youth Guarantee’ initiative; takes the view that closer links need to be forged between educational establishments and the various labour market sectors and employers; believes that social partners and youth organisations should be involved in the development of a sustainable strategy to reduce youth unemployment, in which there mustshould be formal recognition of qualifications obtained;
Amendment 102 #
2010/2307(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that measures must be taken to reinforce the role of the family and social environment of young people and of their school in guiding them in their career choices and towards finding an occupation; believes that young people need to be seen in the round, i.e. not just in terms of their qualifications and training but also in the context of their families, the people around them and the environment in which they live;
Amendment 121 #
2010/2307(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that young people are being forced to choose from an ever growing range of training possibilities; takes the view that they must be kept regularly informed about developments on the labour market, so that they can concentrate on developing skills which are actually needed, the aim being that no young person completing school or training should be left without a job and that the transition between education and working life should be a smooth one;
Amendment 148 #
2010/2307(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the NEET (Not in Employment, Education or Training) group of young people are particularly at risk of long-term unemployment; takes the view that local and regional awareness-raising campaigns must be encouraged with the aim of providing young people who are at risk with information about existing education and training measures and establishing direct links between young people and the competent employment authorities;
Amendment 162 #
2010/2307(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that training places are an appropriate aid in making the right career choice at all stages of the process of choosing an occupation, but must not be allowed to replace regular jobs and must provide sufficientan income and social protection; stresses that a European quality framework for traineeships must be introduced;
Amendment 175 #
2010/2307(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the ‘Your first EURES job’ initiative to promote professional mobility, which should be linked with the European Vacancy Monitor so that workers and employers have a comprehensive, transparent overview of the EU job market and vacancies can be filled by suitable persons as quickly as possible;
Amendment 105 #
2010/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on authorities at all levels to ensure policy support and raise awareness about the possibilities and advantages of mobility, especially among job-starters, stressing the Commission's coordinating role;
Amendment 110 #
2010/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges and stresses the importance of public employment services, and in particular the EURES system and network, for promoting labour mobility across the EU especially in cross-border regions by providing information on job vacancies, education and vocational training opportunities, working and living conditions;
Amendment 113 #
2010/2273(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned about the reduction of the funds for EURES councillors and; calls for the commitment to a long term strategy that allows EURES and its staff to efficiently perform its tasks and notes that this is only possible when funds are increased;
Amendment 136 #
2010/2273(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Considers that labour mobility is a two-way process; On the one hand, it leads to gathering skills and knowledge through all types of education in order to prepare the active population facing competition when searching for a new job and on the other hand, mobile workers can upgrade their skills and knowledge through labour mobility as they gather more practical experience and knowledge on the new site;
Amendment 139 #
2010/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the view that young workers should not be the only focus and that targeted strategies promoting and facilitating the free movement of differentall categories of workers, based on their specific characteristics (age, gender, skills, belonging to vulnerable groups) and needs are desired;
Amendment 153 #
2010/2273(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Takes the view that an insufficient knowledge of languages (in particular in the case of adults) remains an important obstacle for labour mobility; calls on the Member States to actively promote foreign language teaching and on the Commission to pursue its efforts in this area;
Amendment 28 #
2010/2239(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Appreciates the holistic approach adopted by the Green Paper, which Welcomes the Green Paper’s objective of establis hintended to impart fresh impetus at national and EU level with the aim of safeguarding old-age pensionsg adequate, sustainable and safe pension systems at national and EU level;
Amendment 57 #
2010/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Sorely misses any mention of SMEs, which are one of the main sources of employment in the EU and can, must and wish to make a major contribution to the sustainability and adequacy of pension systems;
Amendment 139 #
2010/2239(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 155 #
2010/2239(INI)
Motion for a resolution
Paragraph 10 – point 1 (new)
Paragraph 10 – point 1 (new)
calls on the Member States to take account of specific national circumstances when determining what constitutes an adequate pension, in order to ensure that people do not fall into the poverty trap;
Amendment 160 #
2010/2239(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that Member States are themselves responsible for making adequate pension provision for their citizens as part of their social and economic policies, and to choose the system that seems to them the most appropriate of the models currently available in Europe;
Amendment 166 #
2010/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 180 #
2010/2239(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is absolutely convinced that the Member States’ governments have an obligation to use all the means at their disposal to safeguard the long-term funding and sustainability of the main pillar of retirement schemes, namely the first pillar based on the compulsory contribution paid to the State;
Amendment 182 #
2010/2239(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is persuaded that in view of the different features of existing retirement schemes in Europe the first pillar managed by the State and the third pillar based on the supplementary and voluntary aspect (and on savings by individuals) complement each other effectively, represent the main common denominator in the range of diversified systems existing in Europe and thus represent the basis for a ‘European model’ pension scheme, which any Member State is free to supplement with other elements and develop as it sees fit, in accordance with the particular features of its own economic and social environment;
Amendment 197 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 224 #
2010/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, in view of demographic trends and the need to ensure that pensions can be paid for, it is necessary for more people to participate in the labour market and to do so for longer; observes that life expectancy is growing and calls on Member States to consider linking the statutory retirement age to life expectancy;
Amendment 251 #
2010/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that there are major disparities in the statutory retirement age and in the actual age at which older people cease to be employed; calls on Member States and the two sides of industry, therefore, to exchange information about good experiences and to conclude agreements leading to a prolongation of working life, for example by rewarding people who work for lonallowing people to remain in employment until they reach the statutory retirement ager;
Amendment 267 #
2010/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers there to be a need for an active policy to prevent discrimination on grounds of age; draws it to Member States’ attention, therefore, that, for older employees performing physically and/or mentally demanding work, a labour market geared to flexibility and security must offer creative solutions such as greater flexibility in the statutory retirement age, part-time pensions or adapted working conditions, with the emphasis on ability to work, to strike a lasting balance between the requirements of employment and the capacities of workers; considers there to be a need for an active policy to prevent discrimination on grounds of age;
Amendment 293 #
2010/2239(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that, if the 2020 Strategy is successful, this will mean that more people are in worksecure, quality jobs will be created and that economic growth will benefit from this, thus enhancing the sustainability of pension systems;
Amendment 309 #
2010/2239(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports, in accordance with the 2020 Strategy, a targeted and active labour market policy which will lead to increased participation in employment on the part of older and young workers, women, members of minority groups and the long- term unemployed;
Amendment 381 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States the importance of second-pillar pension provision linked to a profession has been recognised, and that it must also be ensured that such provision meets European conditions and criteria applicable to second-pillar provision;
Amendment 383 #
2010/2239(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that the second pillar must bein Member States which have set up compulsory pension schemes linked to a profession, it would be advisable to make this second pillar available to all employees by right, without any discrimination on grounds of sex, sector and/or employment contract;
Amendment 394 #
2010/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 420 #
2010/2239(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. SWith a view to ensuring that pensions are portable, supports the establishment of the European Insurance and Occupational Pensions Authority (EIOPA); stresses the need to equip it so that it can perform effectively the tasks entrusted to it;
Amendment 434 #
2010/2239(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is concerned about the inadequate information provided to the public by public authorities and bodies administering pensions concerning the necessity, possibilities, accumulated entitlements, likely results and actual state of affairs with regard to old-age pensions; calls on the Commission and Member States to launch campaigns to enable and encourage members of the public to take measures to ensure adequate pension provision for themselvestake measures to ensure that citizens can obtain an overview of their pension provision and information about its status at any time;
Amendment 455 #
2010/2239(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that, in the further debate on an adequate, safe and sustainable pension system, it would be helpful to establish an EU-level pensions platform on which stakeholders are represented who contribute information about best practices and help to prepare policy initiatives;
Amendment 14 #
2010/2235(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Endorses the Commission’s view that if road safety is to be improved a coherent, holistic and integrated approach is required, and calls for road safety issues to be addressed in all relevant policy areas, such as education, health, environmental and social policy and police and judicial cooperation;
Amendment 16 #
2010/2235(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 22 #
2010/2235(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Proposes that the office of EU Road Safety Coordinator should be created by 2014a European road agency should be created that would play a coordinating role in certain areas of road transport, such as safety and compliance with social regulations in road transport, along the lines of the European railway and aviation agencies;
Amendment 35 #
2010/2235(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and Member States officially to recognise the third Sunday in November as the World Day of Remembrance for Road Traffic Victims, as the United Nations and World Health Organisation have already done, in order to raise public awareness of this issue;
Amendment 37 #
2010/2235(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to do more to encourage exchanges of proven practices among the Member States so that more of them can be incorporated into national road safety plans, thereby contributing to the creation of a single safety area on Europe's roads;
Amendment 50 #
2010/2235(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to have a study drawn up on the economic and social impact of road deaths and injuries on society in the EU Member States;
Amendment 52 #
2010/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to draw up by 2012 a proposal to improve the data available concerning the causes of accidents and injuries and in this connection to consider conducting multidisciplinary analyses to determine the causes of accidents;
Amendment 55 #
2010/2235(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to draw up within two years definitions of the terms ‘critically injured’, ‘seriously injured’ and ‘slightly injured’ with a view to making comparisons of measures and their impact in the Member States possible; calls further for these categories of ‘critically injured’, ‘seriously injured’ and ‘slightly injured’ to be increasingly incorporated into road safety awareness campaigns;
Amendment 61 #
2010/2235(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to honour existing commitments to transfer data and to make concrete progress towards the exchange of data in the case of cross- border traffic offences;
Amendment 77 #
2010/2235(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls, in the context of driver training, for greater attention to be paid to the main causes of road deaths, such as speeding, driving while drunk or under the influence of drugs, failure to wear a seat belt or other protective equipment and the use of mobile communications devices while driving; calls, further, for the introduction of compulsory safety training for young and new road users so that they can gain practical experience in coping with a variety of dangerous situations;
Amendment 111 #
2010/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regards the enforcement of existing rules as a central pillar of the EU’s road safety policy; calls, in that connection, on the Member States to set annual national targets for checks on speeding, drink- driving or driving whilst under the influence of drugs and the wearing of seat belts and to take determined action to ensure that such checks are carried out;
Amendment 213 #
2010/2235(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
Amendment 249 #
2010/2235(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls for greater account to be taken of the protection of vulnerable road users, such as pedestrians, cyclists, and children and elderly pe, as an integral aspect of road safety; in the light of demographic trends in Europle, as an integral aspect of road safetycalls for greater attention to be paid to the needs of elderly people and persons with reduced mobility as road users;
Amendment 59 #
2010/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of collaborating with non-EU countries, including through partnerships, and in particular with the BRICemerging countries which represent a market of several million potential new tourists;
Amendment 84 #
2010/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess, in close collaboration with operators in the sector, innovative ways of promoting ad hoc European package holidays during the major international events that Europecertain EU Member States will be hosting in the next few years (for example, the 2012 Olympic Games in London, the 2015 Milan Universal Exhibition, etc.) with a view to promoting ‘destination Europe’ with all its rich diversity;
Amendment 115 #
2010/2206(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the Commission, in collaboration with the tourism industry, should prepare a map of existing professional skills (Tourism Skill Competence Framework) as a starting point from which practical steps to match employment market supply and demand in the tourism sector in Europe can be developed;
Amendment 129 #
2010/2206(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks for improved mutual recognition by the Member States of professional qualifications in the tourist industry so as to allow both those already working in the sector, and those planning to do so, to find the best job opportunities and foster worker mobility in the industry;
Amendment 140 #
2010/2206(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 148 #
2010/2206(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the need to promote integrated electronic ticket sales systems for the various means of transport, stimulating in this way the system’s intermodality, and for the various Member States, in order to facilitate international travel;
Amendment 153 #
2010/2206(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the EU’s legislation on passenger rights, particularly in regard to passengers with reduced mobility, and hopes to see the introduction in the medium-term of one single regulationan ambitious common legislative framework covering the different means of transport;
Amendment 174 #
2010/2206(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that the Commission and the Council of Europe should continue to support the development, using all means, including financial, the development and maintenance of routes that highlight the European identity through circuits linking symbolic sites in Europe, such as cathedrals, castles, universities and industrial settlements;
Amendment 180 #
2010/2206(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that rural tourism and agritourism should be properly supported, being sectors that improve the quality of life, bring economic diversity to rural areas, create jobs in these regions and establish a direct link with the promotion of traditional, ecological and natural food products; observes, in this respect, the importance of ensuring full access to the Internet and IT infrastructure in these areas;
Amendment 194 #
2010/2206(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to promote a cross-cutting Community initiative involving various sectors, and the agri- food sector in particular, on the environmental impact of tourism, with particular reference to the waste cycle and to energy and water saving, in order to distribute information and useful materials and raise public awareness;
Amendment 212 #
2010/2206(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Takes note of the fact that demographic developments in Europe will give rise to continuing growth in health tourism and in spa tourism in particular; calls on the Commission, in view of the fact that there are a variety of Community rules covering spa-tourism issues, to consider the possibility of tabling a single legislative proposal on spa tourism in order to give the sector a controlled organic structure encouraging its competitiveness; stresses the importance of new rules on cross-border healthcare for the further promotion of health tourism;
Amendment 238 #
2010/2206(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Commission and the Member States, 2011 being the European Year of Volunteering, to encourage young people to volunteer for to encourage the implementation of programmes restoring, preserving and protecting sites of cultural, historical or environmental interest with a view to improving their accessibility to tourists; encourages young people to volunteer for these programmes in 2011, the European Year of Volunteering, and beyond;
Amendment 253 #
2010/2206(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Requests that the Commission table by September 2011 a legislative proposal revising the Package Travel Directive 90/314/EEC, in order to ensure consumers and firms in the sector have a clear legal framework forboth in standard situations and, in particular, for exceptional situations caused by, for example, by certain climatic and natural phenomena;
Amendment 23 #
2010/2154(INI)
Motion for a resolution
Recital S
Recital S
S. whereas initial and further training for security staff is a crucial element that is necessary in order to guarantee a high level of aviation security, which must be compatible with a way of treating passengers that preserves their dignity as individuals,
Amendment 32 #
2010/2154(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to develop an integrated risk- analysis system for suspicious passengerspassengers who may with good reason be suspected of having a terrorist background and for checks on luggage and cargo, based on all available and reliable information, in particular the information provided by the police, intelligence services, customs and transport undertakings; takes the view that the entire system should be informed by the search for effectiveness, but based on respect for the principle of non-discrimination;
Amendment 51 #
2010/2154(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the use of security scanners must be based on common rules that not only lay down detection performance but also impose the necessary safeguards to protect the health and fundamental rights of passengers and workers, crew and security staff;
Amendment 81 #
2010/2154(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that concerns and demands regarding privacy and health can be resolved withthere is still no study which provides the necessary guarantees in terms of protection of privacy and health or the detechnology and methods available; considers that the technology now being developed is promising and that the best availabletion performance of security scanners; considers that good progress has been made in scanner technology and that, preferentially, the best-performing technology should be used;
Amendment 85 #
2010/2154(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that the installation of security scanners, or the decision not to install them, falls within the responsibility and freedom of decision of the EU Member States; considers, however, that further harmonisation of the use of scanners is needed in order to create a coherent European aviation security area;
Amendment 95 #
2010/2154(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the rules for the effective operation of security scanners must pay particular attention to vulnerable groups and to people who are frequently exposed to radiation, who could be passengers, crew or security staff;
Amendment 111 #
2010/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to adapt Directive 96/29/Euratom to technical progreslaying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation to ongoing technical progress; stresses the importance of implementing the arrangements for the radiological protection of exposed workers;
Amendment 161 #
2010/2154(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Points out that it is hugely important for accurate and effective data evaluation to have well-trained and trustworthy staff, who should enjoy social and labour conditions that are commensurate to the very high level of responsibility placed upon them;
Amendment 176 #
2010/2154(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Takes the view that the level of security for cargo still varies from one Member State to another and that, with a view to achieving one-stop security, the Member States should therefore ensure that the existing measures relating to European cargo and mail are correctly applied and that regulated agents approved by another Member State are recognised;
Amendment 177 #
2010/2154(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Believes that the Commission's checks on cargo and mailMember States’ security measures for air cargo and mail and the Commission’s inspection of these measures have been stepped up, and would therefore consider it highly useful to draw up a technical report onwith a view to identifying the weaknesses of the current cargo system and possible ways of remedying them;
Amendment 181 #
2010/2154(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission and Member States to strengthen checkinspections concerning air cargo, including those relating to the validation of regulated agents for known consignors; stresses the need, to this end, to have more inspectors available both at national level and within the Commission;
Amendment 185 #
2010/2154(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Asks the Commission to take all the necessary steps to ensure the safe transport of cargo originating in third countries, starting at the airport of origin, and to lay down criteria for determining high-risk cargo, identifying the responsibility of each of the various agents;
Amendment 188 #
2010/2154(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Commission to propose a harmonised system for the initial and further training of security staff in relation to cargo, in order to remain abreast of the latest technical developments in the field of security;
Amendment 3 #
2010/2137(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and Member States to develop fairer competition in the transport domain while respecting other European Union policy objectives, such as properly functioning transport and mobility services, policy objectives in the areas of public services, safety and environmental protection, and EU 2020 targets on CO2 emissions and oil dependency;
Amendment 6 #
2010/2137(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the financial and economic crisis has led to a very large number of business bankruptcies and failures, not least among transport SMEs and VSEs, that crisis response plans have primarily been national plans and that coordination at European level has been belated and ineffective; regrets that there was no European mechanism, on the lines of a monthly barometer for transport companies, to better anticipate and forestall the effects of the economic crisis; notes that measures to help transport companies cope with cash flow problems and temporary additional costs could have been brought forward at European level in order to avoid the overlapping of national plans, and without state aid arrangements as a whole or the need for fair competition being compromised;
Amendment 10 #
2010/2137(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to create and monitor fair competition within and between the transport modes in pricing structures and respecting social, safety and environmental rules, for example between road, waterway and rail freight transport or between short distance flights and long distance rail transport for passengerorder to generate transparent and clear pricing structures and pricing policies;
Amendment 12 #
2010/2137(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to monitor the respect of social, safety and environmental rules, for example between road, waterway, airway and rail freight transport or between short distance flights and long distance rail transport for passengers;
Amendment 19 #
2010/2137(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission, while reviewing legislation on passenger rights and reimbursement for delays, to guarantee fair and equal compensation schemes for delays across all transport modes (25% compensation for a delay of more than 1 hour, 50% for a delay of more than 2 hours, according to the existing legislation in the field of railways) and the setting-up of independent arbitration bodies between operators and clients;
Amendment 30 #
2010/2137(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Invites the Commission to deliver an overview of cases where low cost air carriers were/are unfairly advantaged vis-à-vis other carriers, through special conditions granted to them while using certain airports, beyond the three-year period prescribed for start-up aid for airline companies;
Amendment 36 #
2010/2137(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Draws the Commission’s attention to the indirect obstacles to competition arising from the disparity, in the transport sector, in the rules on safety, interoperability and type-approval;
Amendment 42 #
2010/2027(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that, happily, life expectancy is increasing and that, for more of their lives, people are active and involved in an independent and committed way in the life of society, but also that birth rates in the Member States have remained low for a number of decades, a situation that maywill place a heavy burden on rising generations and lead to conflict over burden sharing;
Amendment 52 #
2010/2027(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it important to make clear that older people are not a burden on the economy and societyand do not constitute an obstacle to modernisation in work processes, but rather – through their experience, their achievements and their knowledge – an assrepresent a significant added value for the economy and society;
Amendment 66 #
2010/2027(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that work means more than just paid employment and that older people contribute substantially, through their work at family and community level, to making our society more humane, and encourages; calls on governments to facilitatrecognise voluntary work, care in the community and family care and to resolve issues of legal responsibility in that regard without delay;
Amendment 193 #
2010/2027(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Advocates flexible working hours and, job sharing and home working as measures that contribute to compatibility between family life and work;
Amendment 159 #
2010/0253(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 159 #
2010/0253(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 181 #
2010/0253(COD)
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
Amendment 201 #
2010/0253(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information and, where relevant in individual cases,under the auspices of the Commission and the European Railway Agency, establish a network to strengthen their communication and cooperation with a view to developing common principles. In certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 201 #
2010/0253(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information and, where relevant in individual cases,under the auspices of the Commission and the European Railway Agency, establish a network to strengthen their communication and cooperation with a view to developing common principles. In certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 208 #
2010/0253(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure fair competition between railway undertakings, a distinction should be made between the provision of transport services and the operation of service facilities. Given this situation, it is necessary for these two types of activity to be managed independently in distinct legal entities. Such independence need not imply the establishment of separate body or firm for each serv should be managed in a transparent and non- discriminatory manner. The regulatory body shall ensure that this management is transparent and non-discriminatory in accordance with the procedures laid down in Article facility56.
Amendment 208 #
2010/0253(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure fair competition between railway undertakings, a distinction should be made between the provision of transport services and the operation of service facilities. Given this situation, it is necessary for these two types of activity to be managed independently in distinct legal entities. Such independence need not imply the establishment of separate body or firm for each serv should be managed in a transparent and non- discriminatory manner. The regulatory body shall ensure that this management is transparent and non-discriminatory in accordance with the procedures laid down in Article facility56.
Amendment 215 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with both national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with duefull regard to health,existing obligations in relation to social conditions, health and the rights of workers and consumers on specific stretches of track.
Amendment 215 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with both national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with duefull regard to health,existing obligations in relation to social conditions, health and the rights of workers and consumers on specific stretches of track.
Amendment 277 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States, with the exception of regional transport in a border region; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;
Amendment 277 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States, with the exception of regional transport in a border region; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;
Amendment 279 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7) ‘regional services’ means transport services operated to meet the transport needs of a regionone or more regions of a Member State or of border regions between two Member States;
Amendment 279 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7) ‘regional services’ means transport services operated to meet the transport needs of a regionone or more regions of a Member State or of border regions between two Member States;
Amendment 284 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity;, for the operation of railway service on their respective territories; The provisions of Article 5 of Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight1 shall apply to freight transport in the corridors established for that purpose. ________________ 1 OJ L 276, 20.10.2010, p. 22.
Amendment 284 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity;, for the operation of railway service on their respective territories; The provisions of Article 5 of Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight1 shall apply to freight transport in the corridors established for that purpose. ________________ 1 OJ L 276, 20.10.2010, p. 22.
Amendment 286 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
Amendment 286 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
Amendment 305 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 305 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 315 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 315 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 358 #
2010/0253(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after 15 March 2001 or the date of accession to the Union for Member States which joined the Union after 15 March 2001the entry into force of this Directive.
Amendment 358 #
2010/0253(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after 15 March 2001 or the date of accession to the Union for Member States which joined the Union after 15 March 2001the entry into force of this Directive.
Amendment 394 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 394 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 403 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of thisas to ensure full transparency and non- discriminatory access to accessing and using these services. This independence does not have to involve the establishment of a separate body for firm. the service facilities. The competent national regulatory body shall check the access conditions.
Amendment 403 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of thisas to ensure full transparency and non- discriminatory access to accessing and using these services. This independence does not have to involve the establishment of a separate body for firm. the service facilities. The competent national regulatory body shall check the access conditions.
Amendment 410 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives allowing them to operateunder market conditions or if, upon referral and examination, the freight or passenger servgulator referred to in Article concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. 55 considers that there is a valid reason for the operator of the service to refuse access to the service requested. If the operator challenges the decision by the regulatory authority, it has the right to provide its grounds for refusing access.
Amendment 410 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives allowing them to operateunder market conditions or if, upon referral and examination, the freight or passenger servgulator referred to in Article concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. 55 considers that there is a valid reason for the operator of the service to refuse access to the service requested. If the operator challenges the decision by the regulatory authority, it has the right to provide its grounds for refusing access.
Amendment 423 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of theis service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and, if so, to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However, if newly built maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under Regulation (EC) No 1370/2007, priority use of these may be reserved for the contracting operator for the duration of the contract, as this is necessary for the provision of the public service. In other cases, these facilities may be reserved to the use of one railway undertaking for a period of fiveten years from the start of their operation. However, all excess capacity must be accessible to all other rail operators, subject to control by the regulatory body.
Amendment 423 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of theis service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and, if so, to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However, if newly built maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under Regulation (EC) No 1370/2007, priority use of these may be reserved for the contracting operator for the duration of the contract, as this is necessary for the provision of the public service. In other cases, these facilities may be reserved to the use of one railway undertaking for a period of fiveten years from the start of their operation. However, all excess capacity must be accessible to all other rail operators, subject to control by the regulatory body.
Amendment 431 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 431 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 457 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 457 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 458 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive and decide in accordance with the procedure referred to in Article 64(2) whether the related agreements may continue to apply. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. If the Commission notes that there is a mismatch between a cross-border agreement and a provision of Community law, it may decide to initiate infringement proceedings before the Court of Justice of the European Union, as provided for in Article 258 of the TFEU, on the grounds of infringement of Community law.
Amendment 458 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive and decide in accordance with the procedure referred to in Article 64(2) whether the related agreements may continue to apply. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. If the Commission notes that there is a mismatch between a cross-border agreement and a provision of Community law, it may decide to initiate infringement proceedings before the Court of Justice of the European Union, as provided for in Article 258 of the TFEU, on the grounds of infringement of Community law.
Amendment 459 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries shall be subject to a cooperation procedure between Member States and the Commission.
Amendment 459 #
2010/0253(COD)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries shall be subject to a cooperation procedure between Member States and the Commission.
Amendment 507 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 507 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 521 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges shallof that Member State may be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 521 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges shallof that Member State may be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 522 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1 a (new)
Article 31 – paragraph 5 – subparagraph 1 a (new)
Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 522 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1 a (new)
Article 31 – paragraph 5 – subparagraph 1 a (new)
Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 556 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56 .
Amendment 556 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56 .
Amendment 593 #
2010/0253(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly must act entirely independently of market interests in the rail sector iandirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during may under no circumstances be influenced by instructions from a government or a private or public undertaking. After their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 593 #
2010/0253(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly must act entirely independently of market interests in the rail sector iandirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during may under no circumstances be influenced by instructions from a government or a private or public undertaking. After their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 602 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 602 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 610 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay. The regulatory body shall be enabled to enforce such requests with the appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes. Should the infrastructure manager fail to provide such information, the regulatory body shall be empowered to take appropriate legal steps.
Amendment 610 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay. The regulatory body shall be enabled to enforce such requests with the appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes. Should the infrastructure manager fail to provide such information, the regulatory body shall be empowered to take appropriate legal steps.
Amendment 616 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 2
Article 56 – paragraph 5 – subparagraph 2
A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative instancebody, but shall be subject to judicial review in Member States. The regulatory body must be able to enforce its decisions with the appropriate sanctions, including fines.
Amendment 616 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 2
Article 56 – paragraph 5 – subparagraph 2
A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative instancebody, but shall be subject to judicial review in Member States. The regulatory body must be able to enforce its decisions with the appropriate sanctions, including fines.
Amendment 663 #
2010/0253(COD)
Proposal for a directive
Annex III – point 1 – subpoint f
Annex III – point 1 – subpoint f
Amendment 663 #
2010/0253(COD)
Proposal for a directive
Annex III – point 1 – subpoint f
Annex III – point 1 – subpoint f
Amendment 688 #
2010/0253(COD)
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities, where available;
Amendment 688 #
2010/0253(COD)
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities, where available;
Amendment 703 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions ;
Amendment 703 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions ;
Amendment 705 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 705 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 113 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) to stimulate debate and develop mutual learning between Member States and stakeholders at all levels in order to promote active ageing policies, to support sustainable and secure pension schemes in Europe, to identify and disseminate good practice, and to encourage cooperation and synergies;
Amendment 130 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) Overall better recognition of and support for the contribution of older people to economic and social development in Europe, with particular recognition of their experience as explicit added value for economy and society.
Amendment 158 #
2010/0242(COD)
Proposal for a decision
Article 7
Article 7
By 30 June 2014, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the European Committee of the Regions on the implementation, results and overall assessment of the Commission and Member State initiatives provided for in this Decision.
Amendment 49 #
2010/0210(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, viticulture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.
Amendment 54 #
2010/0210(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned.
Amendment 103 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;
Amendment 130 #
2010/0210(COD)
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Whatever the law applicable to the employment relationship, seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
Amendment 134 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 – subparagraph 1
Article 16 – point 1 – subparagraph 1
1. working conditions, including pay and dismissal, working hours, holidays and disciplinary provisions, as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directive.
Amendment 141 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 153 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point c
Article 16 – point 2 – point c
Amendment 159 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point d
Article 16 – point 2 – point d
(d) access to goods and services and the supply of goods and services made available to the public, except public hous ing and counselling services afforded by employment servicesccordance with Member State law.
Amendment 50 #
2010/0115(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) The Commission proposed to set up a new strategy for the next decade, the Europe 2020 Strategy, to enable the EU to emerge stronger from the crisis, and to turn its economy towards smart, sustainable and inclusive growth. Five headline targets, listed under the relevant guidelines, constitute shared objectives guiding the action of the Member States and of the Union. Member States should make every effort to meet the national targets and to remove the bottlenecks that constrain growthin order to promote economic growth, safeguard existing jobs and create additional jobs.
Amendment 65 #
2010/0115(NLE)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) Europe 2020 should be a strategy leading to a way out of the crisis and which will prevent a fresh economic and social collapse and in the medium to long term reinvigorate Europe's economies.
Amendment 84 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes, aim at ‘sustainable growth’ with more employment. Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe’s leadership in the race to develop new processes and technologies, including green technologies, creating more jobs. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base.
Amendment 139 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – title
Annex – Guideline 7 – title
Guideline 7: Increasing labour market participation and reducing structural unwith the long-term goal of full employment
Amendment 22 #
2010/0063(COD)
Proposal for a regulation
Article 2 - paragraph 1 - point m a (new)
Article 2 - paragraph 1 - point m a (new)
(ma) ‘same-day visits’ shall mean visits by people travelling within the space of a single day for purposes of tourism and/or recreation.
Amendment 32 #
2010/0063(COD)
Proposal for a regulation
Annex II - Section 2 - point 17 a (new)
Annex II - Section 2 - point 17 a (new)
17a. Expenditure Annual of the individual tourist during the trip on catering
Amendment 108 #
2009/2220(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. EConsiders that the most important aim is to keep workers in the labour market; encourages the Member States to develop active intervention policies giving workers who re-enter the labour market an entitlement to individual support during the period strictly necessary for them to become more employable through training and requalification; unemployed people should re-enter the labour market quickly even if their contracts are atypical, the most important consideration being to keep people in the labour market;
Amendment 118 #
2009/2220(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon the Union and the Member States to eradicate illicit employment and believes that implementation of flexicurity strategies can help in fighting illicit employment and in making ‘very atypical’ forms of work less precarious;
Amendment 161 #
2009/2220(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 185 #
2009/2220(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Firmly believes that, taking into account the different traditions in Member States, any form of employment should be accompanied by a core of rights, which should include: minimum standards on pay and social rights, equal treatment in employment, workers’ health and safety protection and provisions on working/rest time, freedom of association and representation, collective bargaining, collective action and access to training;
Amendment 6 #
2009/2154(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission report on analysing the penalties for serious infringements against the social rules in road transport, as provided for in the legislation of the Member States; regrets, however, that because of incomplete data from some Member States the report does not constitute a comprehensive analysis of the current situation in Europe; asks the Commission to call on the Member States to supply the missing data;
Amendment 66 #
2009/2154(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on all the Member States to reinforce cooperation on the basis of existing structures such as Euro Contrôle Route and in this way to improve coordination of common checks, exchange of best practice and joint organisation of training programmes for control bodies;
Amendment 67 #
2009/2154(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Takes the view that drivers and businesses should be informed about the social rules in force and the use of modern media, such as the internet, and that the social partners should be given a greater role in disseminating this information;
Amendment 70 #
2009/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to establish an appropriate infrastructure on the European road network so that drivers can in fact comply with the provisions on driving times and rest periods and so that checks can be carried out efficiently; points out that the safety aspect and compliance with hygiene standards must be of particular importance in the case of these facilities;
Amendment 142 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated market opening should be achieved, primarily in rail transport; this complete market opening should be accompanied by other measuresput consumers’ interests first. It must be accompanied by other measures, such as sustainable financing of infrastructure, strengthening of technical interoperability, effective social dialogue and effective regulation, aimed at avoiding distortions of competition, inter alia in the social, fiscal and environmental fields;
Amendment 110 #
2008/0247(COD)
Council position
Article 3 - paragraph 2 a (new)
Article 3 - paragraph 2 a (new)
2a. Defining the actual routing within the rail freight corridors shall be the responsibility of the infrastructure managers involved in the corridor in their respective area of competence.
Amendment 48 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c– paragraph 3
Article 7 c– paragraph 3
3. The external-cost charge related to traffic-based air pollution shall not apply to vehicles which comply with the most stringent EURO emission standards until fourtwo years after the dates of application laid down in the rules which introduced those standards.
Amendment 58 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 5
Article 7 f – paragraph 5
5. The amount of the mark-up shall be deducted from the amount of the external- cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I, II,III and IV.
Amendment 65 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 g – paragraph 3 – point (c)
Article 7 g – paragraph 3 – point (c)
(c) no infrastructure charge is more than 175250 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b; and
Amendment 43 #
2008/0062(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the data relating to the identification of an offender is personal, Member States must take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 is complied with. The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence should be informed accordingly, when notified of the offence, of his or her rights regarding access to, rectification of and deletion of data and of the maximum legal period for which the data can be kept. 2 OJ L 281, 23.11.1995, p. 31.
Amendment 44 #
2008/0062(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Apart from the temporary nature of their storage, data collected under this Directive should not, under any circumstances, be used for purposes beyond what is required in order to follow up on road safety offences. The Commission and the Member States should accordingly ensure that the processing of personal data and the management of the software applications used will serve to prevent any data collected from being used for purposes other than those specifically related to road safety.
Amendment 51 #
2008/0062(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The Member State of the offence shall, under this Directive, use the data obtained in order to establish who is personally liableliable under national law for road safety related traffic offences referred to in Articles 2 and 3.
Amendment 52 #
2008/0062(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means and towithout exchange of data involving other databases. Member States shall ensure that this exchange of information is conducted in a cost efficient and secure manner guaranteeing the confidentiality of the data transmitted, as far as possible using existing software applications such as the one especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of that software.
Amendment 57 #
2008/0062(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence shall be notified by means of the information letter that his or her personal data shall be treated in accordance with the provisions of Directive 95/46/EC and shall point out his or her rights as regards access, correction and deletion, as referred to in Article 7 of this Directive.
Amendment 63 #
2008/0062(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this DirectiveDirective 95/46/EC shall apply to personal data processed under this Directive. The competent authorities of the other Member States shall not store the information sent by the Member State of the offence. That information shall be sent and used solely for the purposes of this Directive, and, upon conclusion of proceedings, all data must be verifiably deleted. The Member State of registration shall record only the date and the competent authority of the Member State of the offence to whom the information was sent.
Amendment 65 #
2008/0062(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Any person concerned shall have the right to obtain information on which personal data recorded in the State of registration were transmitted to the requesting Member State, including the date of the request and the competent authority of the Member State of the offence. Any person concerned shall have the right to obtain information on which data is recorded in the Member State of the offence.