Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | DANTI Nicola ( S&D) | CORAZZA BILDT Anna Maria ( PPE), FORD Vicky ( ECR), CHARANZOVÁ Dita ( ALDE), ZULLO Marco ( EFDD), TROSZCZYNSKI Mylène ( ENF) |
Committee Opinion | EMPL | SCHUSTER Joachim ( S&D) | Laura AGEA ( EFDD), Arne GERICKE ( ECR), Tania GONZÁLEZ PEÑAS ( GUE/NGL), Marian HARKIN ( ALDE) |
Committee Opinion | TRAN | Marie-Christine ARNAUTU ( ENF), Daniel DALTON ( ECR), Claudia ȚAPARDEL ( S&D) | |
Committee Opinion | ITRE | TAMBURRANO Dario ( EFDD) | Isabella DE MONTE ( S&D), Hans-Olaf HENKEL ( ECR), Paloma LÓPEZ BERMEJO ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
- 2.40 Free movement of services, freedom to provide
- 3.30.06 Information and communication technologies, digital technologies
- 3.30.25 International information networks and society, internet
- 3.45.02 Small and medium-sized enterprises (SME), craft industries
- 3.45.06 Entrepreneurship, liberal professions
- 3.50.04 Innovation
Events
The European Parliament adopted by 510 votes to 60, with 48 abstentions, a resolution on a European Agenda for the collaborative economy.
It should be noted that an alternative motion for a resolution, tabled by the ENF group, was rejected in plenary by 61 votes to 553 against with one abstention.
Parliament noted that the collaborative economy has experienced rapid growth in recent years, in terms of users, transactions and revenues, reshaping how products and services are provided and challenging well-established business models in many areas. In this regard, the communication on a European agenda for the collaborative economy should represent a good starting point for promoting and regulating this sector.
Accordingly, Parliament welcomed the communication as a first step towards a well-balanced EU strategy in this area. If developed in a responsible manner, the collaborative economy creates significant opportunities for citizens and consumers.
It encouraged Member States to provide legal clarity and not to view the collaborative economy as a threat to the traditional economy. It believed that the collaborative economy empowers consumers, and offers new job opportunities, but stressed nevertheless the importance of ensuring a high level of consumer protection, of fully upholding workers’ rights and of ensuring tax compliance in this sector .
Need for greater legal certainty : Parliament stressed the need to strengthen legal certainty, particularly in view of the risk of fragmentation of the single market . It is aware that, if not properly governed, the changes could result in legal uncertainty about applicable rules and constraints in exercising individual rights and protecting consumers . Regulation needs to be fit for purpose for the digital age, especially European start-ups and non-profit organisations involved in the collaborative economy.
Collaborative economy in the EU : Parliament emphasised the need to consider the collaborative economy not only as a collection of new business models offering goods and services but also as a new form of integration between the economy and society where the services offered are based on a wide variety of relations embedding economic relations within social ones and creating new forms of community and new business models. Europe has some specific traits reflecting European business structure, which consists mainly of SMEs and micro-enterprises.
EU regulatory framework : Parliament recognised that while certain parts of the collaborative economy are covered by regulation, including at local and national level, other parts may fall into regulatory grey areas. It welcomed the Commission's intention to tackle the current fragmentation, but regretted that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models. It emphasised the need for the Member States to step up enforcement of existing legislation , and called on the Commission to aim for an enforcement framework supporting the Member States in their efforts, most importantly regarding the Services Directive and the consumer acquis. It called on the Commission to make full use of all tools available in this context, including infringement procedures, whenever incorrect or insufficient implementation of the legislation is identified.
Parliament also urged the Commission to work together with Member States to provide further guidelines on laying down effective criteria for distinguishing between peers and professionals, which is crucial for the fair development of the collaborative economy. These guidelines should take into account of the differing legislation in Member States and their economic realities, such as income level, the characteristics of the sectors, the situation of micro and small businesses. It considered that a set of general principles and criteria at EU level and a set of thresholds at national level could be a way forward.
Parliament also noted the need to further clarify the liability regimes of collaborative platforms as quickly as possible, in order to promote responsible behaviour, transparency, legal certainty and thereby increase user confidence . It believed that any new regulatory framework should leverage platforms’ self-governing capacities and peer-review mechanisms, since both have proved to work effectively and take into account consumer satisfaction with collaborative services.
According to Parliament, collaborative platforms themselves can take an active role in creating such a new regulatory environment by correcting asymmetric information, especially by means of digital reputation mechanisms to increase user trust.
Competition and tax compliance : whilst welcoming the fact that the rise of the collaborative economy has brought greater competition and has challenged existing operators to focus on consumers’ real demands, Parliament stressed that the collaborative economy should never be used as a way of avoiding tax obligations . It stressed the urgent need for collaboration between the competent authorities and collaborative platforms on tax compliance and collection. It called on the Commission to facilitate exchange of best practices among Member States to develop effective and innovative solutions enhancing tax compliance and enforcement, in order to eliminate the risk of cross-border tax fraud. Members invited the collaborative platforms to play an active role in this regard.
Impact on labour market and workers’ rights : Parliaments noted that the collaborative economy is opening new opportunities and new, flexible routes into work, especially for the self-employed, for those who are unemployed, and marginalised groups.
It called on the Commission to examine how far existing Union rules are applicable to the digital labour market and ensure adequate implementation and enforcement.
Member States are called upon to assess, in a proactive way and based on the logic of anticipation, the need to modernise existing legislation, including social security systems. The Commission and the Member States are called on to coordinate social security systems with a view to ensuring the exportability of benefits and aggregation of periods in accordance with Union and national legislation.
Parliament encouraged social partners to update collective agreements where necessary so that existing protection standards can also be maintained in the digital work world.
Moreover, it called on the Commission to publish guidelines on how Union law applies to the various types of platform business models in order, where necessary, to fill regulatory gaps in the area of employment and social security.
Plenary stated that the high transparency potential of the platform economy permits good traceability, in line with the aim of enforcing existing legislation. Sufficient labour inspections should be carried out. The Commission and the Member States should pay special attention to undeclared work and bogus self-employment in this sector, and to put the platform economy on the agenda of the European Platform Tackling Undeclared Work.
Parliament recalled that all workers in the collaborative economy are either employed or self-employed based on the primacy of facts and must be classified accordingly. It called on the Member States and the Commission, in their respective areas of competence, to ensure fair working conditions and adequate legal and social protection for all workers in the collaborative economy, regardless of their status. Members called on the Commission to examine how far the Directive on Temporary Agency Work ( 2008/104/EC ) is applicable to specific online platforms.
Promotion of the collaborative economy : recalling the local dimension of the collaborative economy, Parliament also recalled its evolving nature with regards to regulation. It stressed the importance of adequate competencies skills and training with a view to enabling as many individuals as possible to play an active role in the collaborative economy. In this respect, it pointed to how the introduction of 5G will fundamentally transform economies, making services more diverse and accessible.
Parliament stressed the importance of coherent policies and the deployment of broadband and ultra-broadband as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model. It recalled, therefore, the need to enable an adequate network access for all citizens in the EU, especially in less populated, remote or rural areas, where sufficient connectivity is not yet available.
Collaborative platforms in the tourism sector : Parliament recalled that, according to Commission estimates, peer-to-peer accommodation is the largest collaborative economy sector on the basis of generated commerce, while peer-to-peer transportation is the largest measured by platform revenue. It highlighted the fact that in the tourism sector home sharing represents an excellent use of resources and under-used space, especially in areas that do not traditionally benefit from tourism. It condemned, in this regard, the regulations being imposed by some public authorities, which seek to restrict the supply of tourist accommodation via the collaborative economy.
Lastly, Parliament called on the Commission to facilitate and promote access to appropriate funding lines for European entrepreneurs who operate in the collaborative economy sector, in the framework of Horizon 2020.
The Committee on the Internal Market and Consumer Protection adopted the own-initiative report by Nicola DANTI (S&D, IT) on a European Agenda for the collaborative economy.
The Committee on Employment and Social Affairs and the Committee on Industry, Research and Energy, exercising their prerogatives as associated committees under Rule 54 of the Rules of Procedure , also gave their opinions on the report.
Members noted that the collaborative economy has experienced rapid growth in recent years, in terms of users, transactions and revenues, reshaping how products and services are provided and challenging well-established business models in many areas. In this regard, the communication on a European agenda for the collaborative economy should represent a good starting point for promoting and regulating this sector.
Accordingly, Members welcomed the communication as a first step towards a well-balanced EU strategy in this area. If developed in a responsible manner, the collaborative economy creates significant opportunities for citizens and consumers.
Members encouraged Member States to provide legal clarity and not to view the collaborative economy as a threat to the traditional economy. They believed that the collaborative economy empowers consumers, and offers new job opportunities, but stressed nevertheless the importance of ensuring a high level of consumer protection, of fully upholding workers’ rights and of ensuring tax compliance in this sector .
Need for greater legal certainty : Members stressed the need to strengthen legal certainty, particularly in view of the risk of fragmentation of the single market . They were aware that, if not properly governed, the changes could result in legal uncertainty about applicable rules and constraints in exercising individual rights and protecting consumers . Regulation needs to be fit for purpose for the digital age, especially European start-ups and non-profit organisations involved in the collaborative economy.
Collaborative economy in the EU : Members emphasised the need to consider the collaborative economy not only as a collection of new business models offering goods and services but also as a new form of integration between the economy and society where the services offered are based on a wide variety of relations embedding economic relations within social ones and creating new forms of community and new business models. In Europe has some specific traits reflecting European business structure, which consists mainly of SMEs and micro-enterprises.
EU regulatory framework : Members recognised that while certain parts of the collaborative economy are covered by regulation, including at local and national level, other parts may fall into regulatory grey areas. They welcomed the Commission's intention to tackle the current fragmentation, but regretted that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models. They emphasised the need for the Member States to step up enforcement of existing legislation , and called on the Commission to aim for an enforcement framework supporting the Member States in their efforts, most importantly regarding the Services Directive and the consumer acquis. They called on the Commission to make full use of all tools available in this context, including infringement procedures, whenever incorrect or insufficient implementation of the legislation is identified.
Members also urged the Commission to work together with Member States to provide further guidelines on laying down effective criteria for distinguishing between peers and professionals, which is crucial for the fair development of the collaborative economy. These guidelines should take into account of the differing legislation in Member States and their economic realities, such as income level, the characteristics of the sectors, the situation of micro and small businesses. Members were of the opinion that a set of general principles and criteria at EU level and a set of thresholds at national level could be a way forward.
They also noted the need to further clarify the liability regimes of collaborative platforms as quickly as possible, in order to promote responsible behaviour, transparency, legal certainty and thereby increase user confidence . Members believed that any new regulatory framework should leverage platforms’ self-governing capacities and peer-review mechanisms, since both have proved to work effectively and take into account consumer satisfaction with collaborative services. They were convinced that collaborative platforms themselves can take an active role in creating such a new regulatory environment by correcting asymmetric information, especially by means of digital reputation mechanisms to increase user trust.
Competition and tax compliance : whilst welcoming the fact that the rise of the collaborative economy has brought greater competition and has challenged existing operators to focus on consumers’ real demands, they stressed that the collaborative economy should never be used as a way of avoiding tax obligations . They stressed, further, the urgent need for collaboration between the competent authorities and collaborative platforms on tax compliance and collection. They called on the Commission to facilitate exchange of best practices among Member States to develop effective and innovative solutions enhancing tax compliance and enforcement, in order to eliminate the risk of cross-border tax fraud. Members invited the collaborative platforms to play an active role in this regard.
Impact on labour market and workers’ rights : Members noted that the collaborative economy is opening new opportunities and new, flexible routes into work, especially for the self-employed, for those who are unemployed, and marginalised groups. They recalled that all workers in the collaborative economy are either employed or self-employed based on the primacy of facts and must be classified accordingly. They called on the Member States and the Commission, in their respective areas of competence, to ensure fair working conditions and adequate legal and social protection for all workers in the collaborative economy, regardless of their status. Members called on the Commission to examine how far the Directive on Temporary Agency Work (2008/104/EC) is applicable to specific online platforms.
Promotion of the collaborative economy : recalling the local dimension of the collaborative economy, Members also recalled its evolving nature with regards to regulation. They pointed out the importance of adequate competencies skills and training with a view to enabling as many individuals as possible to play an active role in the collaborative economy. In this respect, they pointed to how the introduction of 5G will fundamentally transform economies, making services more diverse and accessible.
Collaborative platforms in the tourism sector : Members recalled that, according to Commission estimates, peer-to-peer accommodation is the largest collaborative economy sector on the basis of generated commerce, while peer-to-peer transportation is the largest measured by platform revenue. They highlighted the fact that in the tourism sector home sharing represents an excellent use of resources and under-used space, especially in areas that do not traditionally benefit from tourism. They condemned, in this regard, the regulations being imposed by some public authorities , which seek to restrict the supply of tourist accommodation via the collaborative economy;.
Lastly, Members called on the Commission to facilitate and promote access to appropriate funding lines for European entrepreneurs who operate in the collaborative economy sector, in the framework of Horizon 2020.
PURPOSE: to propose a European agenda for the collaborative economy.
BACKGROUND: the collaborative economy creates new opportunities for consumers and entrepreneurs and would make an important contribution to jobs and growth in the European Union.
The success of collaborative platforms are at times challenging for existing market operators and practices, but by enabling individual citizens to offer services, they also promote new employment opportunities, flexible working arrangements and new sources of income .
At the same time, the collaborative economy often raises issues with regard to the application of existing legal frameworks , blurring established lines between consumer and provider, employee and self-employed, or the professional and non-professional provision of services.
This can result in uncertainty over applicable rules, especially when combined with regulatory fragmentation stemming from divergent regulatory approaches at national or local level.
The collaborative economy is small but growing rapidly, gaining important market shares in some sectors. Gross revenue in the EU from collaborative platforms and providers was estimated to be EUR 28 billion in 2015 in the five key sectors (short-term letting, passenger transport, household services, professional and technical services, and collaborative finance).
This Communication aims at helping to reap these benefits and to address concerns over the uncertainty about rights and obligations of those taking part in the collaborative economy. It provides legal guidance and policy orientation to public authorities, market operators and interested citizens for the balanced and sustainable development of the collaborative economy.
CONTENT: firstly, the communication proposes a definition of what the term ‘collaborative economy’ means.
It refers to business models where activities are facilitated by collaborative platforms that create an open marketplace for the temporary usage of goods or services often provided by private individuals .
The collaborative economy involves three categories of actors:
service providers who share assets, resources, time and/or skills — these can be private individuals offering services on an occasional basis (“peers”) or service providers acting in their professional capacity ("professional services providers"); users of these; intermediaries that connect — via an online platform — providers with users and that facilitate transactions between them (“collaborative platforms”).
Key issues : the communication outlines a series of key issues raised by the emergence of this new type of economy and attempts to propose a set of regulatory responses that should be further developed:
- market access requirements : when assessing whether market access requirements applied to the collaborative economy are necessary, justified and proportionate to meet identified and legitimate public interest objectives, Member States should take into account the specific features of collaborative economy business models . Private individuals offering services via collaborative platforms on a peer-to-peer and occasional basis should not be automatically treated as professional service providers. Establishing (possibly sector-specific) thresholds under which an economic activity would be considered a non-professional peer-to-peer activity may be a suitable way forward;
- rules on contractual and extra-contractual liability : under EU law, online platforms, as providers of information society intermediary services, are under certain conditions exempted from liability for the information they store. It is therefore suggested that collaborative platforms are encouraged to continue taking voluntary action to fight illegal content online and to increase trust;
- consumer protection : EU consumer and marketing legislation has been designed to address transactions, in which there is a weaker party that needs to be protected (typically the consumer). However, the collaborative economy blurs the lines between consumers and business. In these relationships, it is not always clear who the weaker party requiring protection may be. The effectiveness and use of online trust mechanisms (e.g. quality labels) to increase trust and credibility should be improved to encourage a more confident participation in the collaborative economy;
- employment relationships : the collaborative economy enables people to work according to flexible arrangements. This makes it possible for them to become economically active where more traditional forms of employment are not suitable or available to them. Member States should assess the adequacy of their national employment rules considering the different needs of workers and self-employed people in the digital world;
- tax rules : Member States are invited to assess their tax rules to create a level playing field for businesses providing the same services . Member States should also continue their simplification efforts, increasing transparency and issuing online guidance on the application of tax rules to collaborative business models. They are encouraged to facilitate and improve tax collection by using the possibilities provided by collaborative platforms, as these already record economic activity. Collaborative platforms should take a proactive stance in cooperating with national tax authorities to establish the parameters for an exchange of information about tax obligations.
In the last part of the report, the communication stated that the Commission intends to establish a monitoring framework covering both the evolving regulatory environment and economic and business developments in order to identify possible obstacles and problems encountered, in particular when they arise from divergent national regulations or regulatory gaps.
The Commission also looks forward to engaging in a dialogue with the European Parliament, the Council and Member States to ensure the best possible environment for citizens and businesses in the collaborative economy.
Documents
- Commission response to text adopted in plenary: SP(2017)574
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0271/2017
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A8-0195/2017
- Committee opinion: PE597.749
- Committee opinion: PE592.420
- Committee opinion: PE595.661
- Amendments tabled in committee: PE599.597
- Committee draft report: PE595.756
- Contribution: COM(2016)0356
- Non-legislative basic document published: COM(2016)0356
- Non-legislative basic document published: EUR-Lex
- Committee draft report: PE595.756
- Amendments tabled in committee: PE599.597
- Committee opinion: PE595.661
- Committee opinion: PE592.420
- Committee opinion: PE597.749
- Commission response to text adopted in plenary: SP(2017)574
- Contribution: COM(2016)0356
Activities
- Philippe JUVIN
- Lucy ANDERSON
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Michał BONI
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Anna Maria CORAZZA BILDT
Plenary Speeches (1)
- Daniel DALTON
Plenary Speeches (1)
- Isabella DE MONTE
Plenary Speeches (1)
- Francisco de Paula GAMBUS MILLET
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Kaja KALLAS
Plenary Speeches (1)
- Curzio MALTESE
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Igor ŠOLTES
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
- Claudia ȚAPARDEL
Plenary Speeches (1)
- Mylène TROSZCZYNSKI
Plenary Speeches (1)
- Anneleen VAN BOSSUYT
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- Josef WEIDENHOLZER
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
- Sotirios ZARIANOPOULOS
Plenary Speeches (1)
Votes
A8-0195/2017 - Nicola Danti - Am 7 15/06/2017 12:22:20.000 #
A8-0195/2017 - Nicola Danti - Commission IMCO, résolution 15/06/2017 12:23:37.000 #
Amendments | Dossier |
787 |
2017/2003(INI)
2017/01/30
ITRE
113 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. In general welcomes and supports the views of the European Commission as outlined in the Communication COM(2016) 356.
Amendment 10 #
Draft opinion Paragraph 1 – point 1 (new) (1) considers it necessary to distinguish between profit-based and cost- sharing collaborative economies; notes that their respective users should not be subject the same legal requirements, specific rights and obligations being applicable in each case;
Amendment 100 #
Draft opinion Paragraph 7 a (new) 7a. Stresses that national and local rules that are not justified and proportionate not only constitute barriers to the single market contrary to EU legislation but also hinder the creation and scale up of start-ups; Calls therefore on the European Commission to enforce in a proactive manner single market legislation ;
Amendment 101 #
Draft opinion Paragraph 7 a (new) 7a. Urges the Commission and Member States to provide more clarity on rules applicable to collaborative economy, especially in field such as provision of services, consumer's protection and labour market;
Amendment 102 #
Draft opinion Paragraph 7 a (new) 7a. Considers self-regulation quality labels as inappropriate to achieve safety and service quality standards;
Amendment 103 #
Draft opinion Paragraph 8 Amendment 104 #
Draft opinion Paragraph 8 8. Notes that
Amendment 105 #
Draft opinion Paragraph 8 8. Notes that collaborative economies are increasingly important in the energy sector, allowing consumers, individuals and communities to engage efficiently in several decentralised phases of the
Amendment 106 #
Draft opinion Paragraph 8 8. Notes that the collaborative econom
Amendment 107 #
Draft opinion Paragraph 8 8.
Amendment 108 #
Draft opinion Paragraph 8 a (new) 8a. Underlines the importance to prevent the creation of monopolies in collaborative economy, which are non- transparent and resulting in an asymmetrical relationship between collaborative platforms, service providers and consumers;
Amendment 109 #
Draft opinion Paragraph 8 a (new) 8a. Advocates spectrum as commons and encourages to include in its regulation innovative user driven initiatives that would boost the collaborative and sharing economy.
Amendment 11 #
Draft opinion Paragraph 1 – subparagraph 1 (new) Recognises that technological development and changes in consumer behaviour is already making economies increasingly collaborative, and that in order to stimulate growth and innovation, EU legislation must focus on supporting this development rather than imposing harmful regulation;
Amendment 110 #
Draft opinion Paragraph 8 b (new) 8b. Encourages the Commission to create a level playing field among collaborative platforms, which highlights the importance of identifying and mitigating market barriers. In particular, stresses the importance to guarantee the free flow of data, data portability and interoperability between the market platforms. These measures would ensure that market participants, whether service providers or consumers, could subject the market platform itself into competition;
Amendment 111 #
Draft opinion Paragraph 8 c (new) 8c. Calls on the Commission to support the economic growth of the collaborative economy by measures aiming to reduce the administrative burden on individuals and businesses without discriminating between business models;
Amendment 112 #
Draft opinion Paragraph 8 d (new) 8d. Underlines the importance, for the fast-growing of this sector, of access to risk capital and calls on the Commission to promote initiatives on this direction;
Amendment 113 #
Draft opinion Paragraph 8 e (new) 8e. Notes that collaborative economy has been developing more in areas, where urban conditions such as population density and physical proximity favours the adoption of collaborative economic models. However, collaborative economy could offer also opportunities to reinvigorate the economy in less populated remote areas in sectors such as tourism. Therefore, it would be vital to develop an effective regulatory framework and policies that enhances collaborative economy models in remote areas which could also be beneficial for SMEs;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Welcomes the communication on a European Agenda for the collaborative economy and calls on the Commission to further study the impacts of these new business models on employment, consumer protection, social protection and relevant public policies like spatial planning and tourism; suggests a more comprehensive and detailed European approach to embrace increasing grey areas arising from this model;
Amendment 13 #
Draft opinion Paragraph 1 b (new) 1b. Emphasises that 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 senior, and is an innovative way to provide new services for citizens and consumers ;
Amendment 14 #
Draft opinion Paragraph 1 c (new) 1c. 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 15 #
Draft opinion Paragraph 1 d (new) 1d. Considers that these new economic models should not create distortions of competition with traditional economic sectors, especially SME's; Calls on the Commission and the Member States to ensure a level playing field between on- line and off-line providers, in particular in the field of consumer protection, taxation and working conditions;
Amendment 16 #
Draft opinion Paragraph 1 e (new) 1e. Underlines that collaborative economy fosters entrepreneurship; stresses the need to adapt training policies to this new kind of businesses;
Amendment 17 #
Draft opinion Paragraph 1 f (new) 1f. Underlines that collaborative economy is an ecosystem which needs specific financial support to scale-up rapidly; calls on the Commission and Members State to make full use of existing financing instruments like structural funds, EFSI or COSME to invest in collaborative businesses;
Amendment 18 #
Draft opinion Paragraph 1 g (new) 1g. Recognises that the collaborative economy has flourished mainly in urban areas; stresses the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy;
Amendment 19 #
Draft opinion Paragraph 1 h (new) 1h. Emphasises that the economic model of collaborative economies is based on users' trust, particularly in online comments; calls 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 2 #
Draft opinion Paragraph 1 1.
Amendment 20 #
Draft opinion Paragraph 1 i (new) 1i. Calls on the European Commission to reflect on the appropriate mean to ensure that digital platforms provides a comprehensive information on the regulatory framework that users should comply with when offering services; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements;
Amendment 21 #
Draft opinion Paragraph 2 2.
Amendment 22 #
Draft opinion Paragraph 2 2. Emphasises that
Amendment 23 #
Draft opinion Paragraph 2 2.
Amendment 24 #
Draft opinion Paragraph 2 2. Emphasises that ICTs allow innovative ideas within the collaborative economies to evolve quickly and efficiently, while connecting and
Amendment 25 #
Draft opinion Paragraph 2 2. Emphasises that ICTs allow innovative ideas within the collaborative economies to evolve quickly and efficiently, while connecting
Amendment 26 #
Draft opinion Paragraph 2 2. Emphasises that ICTs allow innovative ideas within the collaborative economies to evolve quickly and efficiently, while connecting
Amendment 27 #
Draft opinion Paragraph 2 2. Emphasises that ICTs allow innovative ideas within the collaborative econom
Amendment 28 #
Draft opinion Paragraph 2 2. Emphasises that ICTs allow innovative ideas within the collaborative economies to evolve quickly and efficiently, while connecting and empowering participants, thereby reducing the need for intermediation, decreasing direct costs and overheads, channelling rich information flows and reinforcing trust
Amendment 29 #
Draft opinion Paragraph 2 – subparagraph 1 (new) Underlines that in order to attract investments and start-ups and to boost European competitiveness, our economies must remain open towards innovations and new technologies; welcomes that such innovations and technologies contribute to productivity and a more dynamic economy;
Amendment 3 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based, are rooted in human cooperative behaviour and that no matter how diverse they are, or will become, they are all identified by resource sharing, the active empowerment of citizens, community- accepted innovation, and the intensive use of information and communication technologies (ICTs) as a key enabler; Underlines in this respect that solidarity, equality, community and trust are fundamentals of this economy and that collaboration rules, including on safety, service quality and data protection are essential for a fair and safe collaborative economy;
Amendment 30 #
Draft opinion Paragraph 2 a (new) 2a. Observes that the major transnational platforms of the sharing economy, which gather and redistribute an enormous flow of information, are setting themselves up as new intermediaries; notes that, despite a heavier burden of costs (costs of intermediation even exceed 20%), they can set lower prices thanks to the fact that the technology of innovation requires minimal fixed investment and because of the asymmetry by virtue of which the cost of such prices falls not on the platform itself but on workers or their customers; observes that it follows that, in certain circumstances, such platforms may even constitute a barrier to the creation and development of local collaborative economy initiatives;
Amendment 31 #
Draft opinion Paragraph 2 a (new) 2a. Believes that, for a platform to be considered collaborative, it is vital that exchanges of goods and services take place primarily between equal partners; warns in this regard against the proliferation on the ‘collaborative economy’ ticket of platforms acting as actual service providers rather than just intermediaries;
Amendment 32 #
Draft opinion Paragraph 2 a (new) 2a. Notes with concern that the new wave of digitalisation has resulted in the concentration of services and creative content in the hands of a few private oligopolies; calls on the Commission to fight against market distortions by large private operators and to facilitate the operation of public companies in the field as tools against these oligopolistic tendencies;
Amendment 33 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates the need to increase investment in the creation of broadband and ultra-broadband infrastructure which will give all users widespread and inclusive access to the sharing economy;
Amendment 34 #
Draft opinion Paragraph 2 b (new) 2b. Endorses the findings of the EESC opinion on the ‘Sharing economy and self-regulation’ regarding the need for new collaborative platform business models to comply with applicable EU and national law, especially with regard to workers’ rights, appropriate taxation, data protection and privacy, social rights, fair competition, the prevention of monopolies and anti-competitive practices, accountability of platforms regarding transactions between partners, ensuring the legality thereof, and, above all, protection of the rights of all stakeholders in the sharing economy, including ‘prosumers’, by adapting all existing EU consumer rights provisions accordingly;
Amendment 35 #
Draft opinion Paragraph 2 b (new) 2b. Calls on the Commission to encourage new business models arising from the use of digital technologies and processes, aimed at creating new jobs and fostering a more inclusive and sustainable model of development through the reuse of resources; calls on the Commission furthermore to assess the desirability of distinguishing among the various forms of collaborative economies, between gift and market, between sharing and commercial operation, between collaboration among equals and the provision of services by professional providers;
Amendment 36 #
Draft opinion Paragraph 2 b (new) 2b. Stresses that the concentration of user-generated data in the hands of few private intermediation platforms has adverse effects on user privacy and market competition; calls on the Commission and the Member States to take appropriate measures to avoid the creation of dominant market positions in the digital market and to ensure an appropriate protection of privacy and personal information, so that the collection of user-generated data is only done by informed and explicit consent and never by default;
Amendment 37 #
Draft opinion Paragraph 2 c (new) 2c. Calls on the Commission and Member States to ensure fairness and transparency, especially in terms of regulations and taxation, between those working in the collaborative economy and traditional economic operators, and to ensure a high level of consumer protection, particularly as regards aspects related to safety, health, protection of privacy and accurate information;
Amendment 38 #
Draft opinion Paragraph 2 d (new) 2d. Calls on the Commission and Member States to support the innovation and research capacity of small and medium-sized enterprises and social economy enterprises that operate by bringing about sharing of goods and services;
Amendment 39 #
Draft opinion Paragraph 3 3. Underlines that the sharing and monetisation of underused assets
Amendment 4 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based, are rooted in human cooperative behaviour and that no matter how diverse they are, or will become, they are all identified by resource sharing, the active empowerment of citizen operators, community-
Amendment 40 #
Draft opinion Paragraph 3 3. Underlines that the sharing of underused assets releases a wealth of positive environmental and other externalities, thus making industries and services more resource-efficient, lowers the up-front costs of market entry and creates opportunities; warns nonetheless of a tendency for online platforms to generate monopoly markets and urges the Commission and the Member States accordingly to be vigilant in order to avert the harmful effects of these anticompetitive practices;
Amendment 41 #
Draft opinion Paragraph 3 3. Underlines that the sharing of underused assets releases a wealth of positive environmental and other externalities, thus making industries and services more resource-efficient, lowers the up-front costs of market entry and creates
Amendment 42 #
Draft opinion Paragraph 3 3. Underlines that the sharing of underused assets releases a wealth of positive environmental and
Amendment 43 #
Draft opinion Paragraph 3 3. Underlines that the sharing of
Amendment 44 #
Draft opinion Paragraph 3 3. Underlines that the sharing of underused assets
Amendment 45 #
Draft opinion Paragraph 3 3. Underlines that the sharing of underused assets in local communities releases a wealth of positive environmental and other externalities, thus making industries and services more resource- efficient, lowers the up-front costs of market entry and creates opportunities;
Amendment 46 #
Draft opinion Paragraph 3 – point a (new) (a) Recognises that the collaborative economy represents an excellent opportunity for the European market; at a time of slow growth, these new forms of management and supply of goods and services in many cases represent specific opportunities for European businesses and citizens, encouraged to participate actively and directly in the market thanks to the intermediation of platforms and technologies which are within the reach of all, ensuring fairer and facilitated access to the market;
Amendment 47 #
Draft opinion Paragraph 3 – subparagraph 1 (new) Points to how the introduction of 5G will fundamentally transform the logic of our economies, making services more diverse and accessible; in this regards, stresses the importance of creating a competitive market for innovative businesses, the success of which will ultimately define the strength of our economies;
Amendment 48 #
Draft opinion Paragraph 3 – point 1 (new) (1) stresses the importance of ensuring easier access to funding for small and medium-sized enterprises in the collaborative economy through various channels, such as banking, capital markets, public funds and crowdfunding;
Amendment 49 #
Draft opinion Paragraph 3 a (new) 3a. Highlights the potential collaborative economy contribution to EU economic sustainability in achieving overarching objectives in sustainable agriculture, resource efficiency, combatting climate change or building a circular economy;
Amendment 5 #
Draft opinion Paragraph 1 1. Recognises the fact that
Amendment 50 #
Draft opinion Paragraph 4 4. Points out that
Amendment 51 #
Draft opinion Paragraph 4 4. Points out that collaborative economies thrive in communities in which knowledge- and education-sharing models are strong, thereby consolidating a culture of open innovation, supporting open- sourced hardware and software, and expanding our heritage of common goods and creative commons; recognises furthermore the potential of the collaborative economy to create incentives for the creative and innovative powers at the root of the European economy, serving to share not only physical but also human resources, placing citizens’ innovation at the centre of these transactions;
Amendment 52 #
Draft opinion Paragraph 4 4. Points out that collaborative economies thrive in communities in which knowledge- and education-sharing models are strong, thereby consolidating a culture of open innovation, supporting open- sourced hardware and software, and expanding our heritage of common goods and creative commons; Highlights that the collaborative economy should remain open and accessible to all individuals;
Amendment 53 #
Draft opinion Paragraph 4 4. Points out that the collaborative econom
Amendment 54 #
Draft opinion Paragraph 4 4. Points out that a genuine collaborative econom
Amendment 55 #
Draft opinion Paragraph 4 4. Points out that collaborative economies thrive in communities in which knowledge- and education-sharing models are strong, thereby consolidating a culture of open innovation, supporting open- sourced hardware and software
Amendment 56 #
Draft opinion Paragraph 4 4. Points out that collaborative economies thrive particularly in communities in which knowledge- and education-sharing models are strong, thereby consolidating a culture of open innovation, supporting open-
Amendment 57 #
Draft opinion Paragraph 4 a (new) 4a. Considers that collaborative platform reputation management mechanisms based on user assessment provide a great deal of verifiable information regarding the goods or services exchanged; warns, however, of the need to ensure that these mechanisms do not obstruct users seeking to leave the platforms;
Amendment 58 #
Draft opinion Paragraph 4 – subparagraph 1 (new) Emphasises that collaborative services must not be hindered by regulations which unfairly target such services vis-à- vis traditional business models and thus restrict competition; stresses that legislation must aim at creating a level playing field for all entrepreneurs and businesses;
Amendment 59 #
Draft opinion Paragraph 4 b (new) 4b. Urges the Commission and Member States to consider mechanisms for users’ reputations within platforms to be transferred, accompanying users to other competing or complementary platforms, so as to avoid the creation in this connection of barriers to exit or transfer between platforms;
Amendment 6 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based,
Amendment 60 #
Draft opinion Paragraph 5 Amendment 61 #
Draft opinion Paragraph 5 5. Urges the
Amendment 62 #
Draft opinion Paragraph 5 5.
Amendment 63 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for
Amendment 64 #
Draft opinion Paragraph 5 5.
Amendment 65 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for ‘workpreneurs’ in collaborative economies, (b) safety guarantees for the customers of collaborative economies, and (c) cohabitation synergies with traditional business models; points to the positive experiences in regulation made on local level guided by the principles of information transparency, participation, inclusion and good governance in general;
Amendment 66 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for ‘workpreneurs’ in collaborative economies, (b) safety guarantees for the customers of collaborative economies
Amendment 67 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for ‘workpreneurs’ in collaborative economies, (b) safety guarantees for the customers of collaborative economies similar to those already in force for the markets where they operate, and (c)
Amendment 68 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards, in cooperation with entrepreneurs, regarding (a) social protection for ‘workpreneurs’ in collaborative economies
Amendment 69 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) workers' rights and social protection for
Amendment 7 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based,
Amendment 70 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for ‘workpreneurs’ in collaborative economies
Amendment 71 #
Draft opinion Paragraph 5 5. Urges the Commission to ensure that the EU develops the highest international standards regarding
Amendment 72 #
Draft opinion Paragraph 5 5. Urges the Commission
Amendment 73 #
Draft opinion Paragraph 5 5.
Amendment 74 #
Draft opinion Paragraph 5 a (new) 5a. Calls upon the Commission to make it easier for Member States to ensure adequate social protection for both employees and the self-employed in sharing economies, while the Commission must respect the social partners’ autonomy at the national level, national collective agreements and national labour market traditions and models, and refrain from taking initiatives that may affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice.
Amendment 75 #
Draft opinion Paragraph 5 – point a (new) (a) Stresses the need, at this stage, when the phenomenon is already widespread, to seek to limit undesirable developments in relation to problems encountered in sharing economy practices, such as avoidance of licensing and taxation, as well as unfair competition issues with conventional economic operators.
Amendment 76 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission and Member States to distinguish between collaborative platforms which are under diffused and shared ownership compared with others, favouring the former because of their greater capacity to make our societies more inclusive, more aware, less unequal and more democratic;
Amendment 77 #
Draft opinion Paragraph 5 – subparagraph 1 (new) Considers new collaborative services to be vital to tradition markets, as it adds diversity, innovation and competition and therefore contributes to growth, job creation and investments;
Amendment 78 #
Draft opinion Paragraph 6 Amendment 79 #
Draft opinion Paragraph 6 6. C
Amendment 8 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based, are rooted in human cooperative behaviour and that no matter how diverse they are, or will become, they
Amendment 80 #
Draft opinion Paragraph 6 6. Calls on the Commission and on Member States to
Amendment 81 #
Draft opinion Paragraph 6 6. Calls on the Commission
Amendment 82 #
Draft opinion Paragraph 6 6. Calls on the Commission and on Member States to open non-exclusive,
Amendment 83 #
Draft opinion Paragraph 6 6. Calls on the Commission and on Member States to
Amendment 84 #
Draft opinion Paragraph 6 6. Calls on the Commission and on Member States to open non-exclusive, experimentation-oriented spaces for collaborative economies, particularly by promoting and supporting start-ups, which are the engine of the collaborative economy, and to promote
Amendment 85 #
Draft opinion Paragraph 6 – subparagraph 1 (new) Underlines that collaborative services are a natural part of the development of a digital and creative economy capable of making full use of new technologies and innovations;
Amendment 86 #
Draft opinion Paragraph 7 Amendment 87 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty
Amendment 88 #
Draft opinion Paragraph 7 7. Calls on the Commission and Member States to ensure
Amendment 89 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies
Amendment 9 #
Draft opinion Paragraph 1 1. Recognises the fact that all collaborative economies, covering the full spectrum from market-oriented to gift- based, are rooted in human cooperative behaviour and that no matter how diverse they are, or will become, they are
Amendment 90 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty in order to unleash the full potential of collaborative economies for EU employees, businesses and citizens
Amendment 91 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies
Amendment 92 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty in
Amendment 93 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies
Amendment 94 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty in order to unleash the full potential of collaborative economies for EU businesses and citizens, while redefining and modernising – where necessary – the concepts of ‘work/service’, ‘worker’ and
Amendment 95 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty in order to unleash the full potential of collaborative economies and, more generally, of ‘doing business’ for EU businesses and citizens, while redefining and modernising – where necessary – the concepts of ‘work/service’, ‘worker’ and ‘service provider’;
Amendment 96 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure directly that EU legislation and policies are future-
Amendment 97 #
Draft opinion Paragraph 7 – point a (new) (a) Underlines in this regard that the collaborative economy system has altered traditional wage relationships; it is therefore necessary to recognise a certain degree of responsibility on the part of sharing platforms not only for the direct or indirect management of service provision, but also for ensuring compliance with social protection and taxation requirements in proportion to the control and influence that they exercise over market indicators;
Amendment 98 #
Draft opinion Paragraph 7 – subparagraph 1 (new) Calls on the Commission, in order to facilitate the emergence of players at not only European but also international level, to address national market fragmentation by means of a harmonised regulatory framework;
Amendment 99 #
Draft opinion Paragraph 7 – point b (new) (b) Stresses furthermore that services derived from collaborative platforms are often advantageous to users, particularly in terms of price and accessibility; however, such services are often not provided by mediation platforms in a manner which is continuous and homogeneous in terms of supply and quality. It is therefore necessary to carefully consider this aspect of the so- called ‘gig economy’, in order to ensure fair competition with traditional economic operators who continue to operate in the various sectors of the market by providing the appropriate service guarantees;
source: 597.700
2017/02/03
EMPL
156 amendments...
Amendment 1 #
Draft opinion 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 10 #
Draft opinion Recital A a (new) Aa. whereas the collaborative economy models can help to boost participation of women in the labour market and economy, by providing opportunities of flexible forms of entrepreneurship and employment;
Amendment 100 #
Draft opinion Paragraph 5 a (new) 5a. Calls for, with particular reference to working conditions and labour costs, regarding both employees and the self- employed, the adoption and immediate implementation of rules which ensure a level playing field, including anti- dumping measures, between platform companies based in non-EU countries and traditional companies based in the Member States;
Amendment 101 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that possible efficiency advantages of the online platforms over the traditional economy should not rely on wage dumping and unfair competition; calls therefore for the adjustment of related policies to create a level playing field between the platform and traditional economies;
Amendment 102 #
Draft opinion Paragraph 5 a (new) 5a. Is concerned that platform economy creates prerequisites for undeclared work; Calls therefore to the Commission and the Member States to include the issue of undeclared work in the platform economy on the agenda of the European platform to tackle undeclared work;
Amendment 103 #
Draft opinion Paragraph 5 b (new) 5b. Stresses the importance of teleworking and smartworking in connection with the collaborative economy and advocates, in this regard, the need to place these ways of working on an equal footing with traditional ones;
Amendment 104 #
Draft opinion 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 105 #
Draft opinion Paragraph 5 b (new) Amendment 106 #
Draft opinion Paragraph 5 c (new) 5c. Calls on the Commission and the Member States to ensure that all mandatory contributions are paid for all forms of work and examine to what extent social security systems have to be adjusted to provide appropriate protection for platform workers; calls on the Commission and the Member States to ensure the portability and accumulation of social security entitlements;
Amendment 107 #
Draft opinion 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 108 #
Draft opinion Paragraph 5 d (new) 5d. Calls on the Commission to examine in how far existing EU regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Commission and the Member States to assess the need for the modernisation of existing legislation to stay abreast of such changes and to encourage social partners to update collective agreements where necessary so that existing protection standards can also be maintained in the digital world of work;
Amendment 109 #
Draft opinion Paragraph 5 e (new) Amendment 11 #
Draft opinion Recital A a (new) Aa. whereas the forms of work in the collaborative economy can be differentiated in physical services as work on demand and virtual services as crowdwork, which is only transmitted via internet
Amendment 110 #
Draft opinion Paragraph 5 f (new) 5f. Calls on the Commission to broaden the Written Statement Directive (91/533/EEC) to cover all forms of employment and employment relationships;
Amendment 111 #
Draft opinion Paragraph 5 g (new) 5g. Stresses that the socially and environmentally sustainable online platforms organized on cooperative basis should be promoted and supported;
Amendment 113 #
Draft opinion Paragraph 5 i (new) 5i. Points out that as job and skills profiles become more complex, new demands – especially regarding information and communications technology (ICT) skills – are being placed on training as well as on further education and life-long learning to promote digital literacy and to tackle the existing gender and generational gaps, especially for disadvantaged persons in this context; emphasises the importance of stronger synergies involving the social partners and various educational and training institutions in order to bring teaching and studies' contents up to date and develop skills strategies linking the world of education with the world of work;
Amendment 114 #
Draft opinion Paragraph 5 j (new) 5j. Insists that public investment in vocational education and lifelong learning is necessary in order to ensure that the EU workforce, is equipped with the right skills for the digital age; stresses that education and training must be accessible for all workers; believes that new funding opportunities for lifelong learning and training are needed, especially for micro and small enterprises;
Amendment 115 #
Draft opinion Paragraph 5 k (new) 5k. Is concerned about the quality of the services intermediated or provided by online platforms; stresses that the quality of services must fulfil the same requirements as in the traditional economy to prevent health and safety risks; calls on the Commission, the Member States and the social partners to develop protective mechanisms regarding the monitoring of qualifications;
Amendment 116 #
Draft opinion Paragraph 5 l (new) 5l. Reporting duties and transparency obligations for platform operators
Amendment 117 #
Draft opinion Paragraph 6 6. Calls for
Amendment 118 #
Draft opinion Paragraph 6 6.
Amendment 119 #
Draft opinion Paragraph 6 6. Calls for EU standards on transparency
Amendment 12 #
Draft opinion Recital A a (new) Aa. whereas the rates of self- employment (2006: 3.7%, 2016: 5,6%) and the proportion of workers taking up second jobs (2002: 3.6%, 2016: 4,2%) are on the rise in the EU;
Amendment 120 #
Draft opinion Paragraph 6 6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms; believes that Member States should facilitate platform workers in their self-reporting obligations with simplified tax declarations for platform work and should work with online platforms to communicate annual worker income via recorded electronic transactions to help combat tax evasion and undeclared work;
Amendment 121 #
Draft opinion Paragraph 6 6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms and to ensure that all relevant information is available to national authorities; criticizes the information asymmetries paramount on many online platforms whereby platforms and clients have access to much more information on workers than vice versa;
Amendment 122 #
Draft opinion Paragraph 6 6. Calls for EU standards on transparency and disclosure obligations for
Amendment 123 #
Draft opinion Paragraph 6 6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms and how it affects the working conditions as well as the social rights and entitlements of workers;
Amendment 124 #
Draft opinion Paragraph 6 a (new) 6a. Stresses that the platform economy, like any other economy, must pay tax and social contributions, comply with employment and social legislation, and ensure consumer protection; believes that the high transparency potential of the platform economy allows for good traceability, in line with the aim of enforcing existing legislation; calls on the Commission to publish guidelines on how EU law applies to the various types of platform business models in order to fill, where necessary, regulatory gaps in the area of employment and social security; calls on the Member States to carry out sufficient inspections and to impose sanctions where rules have been breached;
Amendment 125 #
Draft opinion 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 126 #
Draft opinion Paragraph 6 a (new) 6a. Notes the potential for unfair practices regarding work rating mechanisms, such as account deactivation or search result relegation by platforms based on an arbitrary number of negative client reviews, which may not necessarily reflect work quality and which cannot be challenged which impact on workers' ability to obtain jobs; believes platforms should notify and provide an arbitration process for platform workers before taking such action as a result of ratings scores;
Amendment 127 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the need to ensure the portability of ratings of platform workers which constitute their digital market value and are important to avoid dependency of workers on certain platforms since ratings are important determinants in the allocation of tasks; calls on the Commission and the Member States to ensure the transferability and accumulation of ratings across platforms;
Amendment 128 #
Draft opinion Paragraph 6 a (new) 6a. Recommends assessing quality standards and imposing mandatory accreditation and licensing for activities carried out by online platforms, just as in the traditional economy;
Amendment 129 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the need to adopt and implement specific, more effective anti tax avoidance rules for platform companies which provide services and/or sell goods on the territory of the European Union;
Amendment 13 #
Draft opinion Recital A a (new) Aa. whereas most global companies which are valued at more than USD 1 billion are listed platform companies;
Amendment 130 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Member States to examine how social security systems can be fashioned so as to also allow them to participate in work intermediated by platforms;
Amendment 131 #
Draft opinion Paragraph 6 a (new) 6a. Points out that collaborative economy enhance trust between citizens, which is a crucial element of civil society;
Amendment 132 #
Draft opinion 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 133 #
Draft opinion Paragraph 6 b (new) 6b. Underlines the fact that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions and looking for solutions which improve security;
Amendment 134 #
Draft opinion Paragraph 6 b (new) 6b. Calls on the Commission and the Member States to take decisive steps to prohibit discriminatory and opaque algorithms and software developed or used by online platforms which do not comply with European and national legislation and set up monitoring structures accordingly;
Amendment 135 #
Draft opinion Paragraph 6 b (new) 6b. Believes it necessary to take action to enable Member States’ governments to impose limits on the scope of action of these platforms, in the public interest;
Amendment 136 #
Draft opinion Paragraph 6 c (new) 6c. Recalls that the report on the European Pillar of Social Rights called on the Member States to take legislative action to oblige digital platforms and other intermediaries to report all work undertaken through them to the competent authorities for the purpose of ensuring adequate contributions and protection through social and health insurance for all workers;
Amendment 137 #
Draft opinion Paragraph 6 c (new) 6c. Seeks the Commission and the Member States in collaboration with the social partners to ensure that workers and users are able to rate online platforms;
Amendment 139 #
Draft opinion Paragraph 6 e (new) 6e. Believes that the effects of digitalisation on health and safety at work need to be assessed and existing health and safety provisions adapted accordingly;
Amendment 14 #
Draft opinion Recital A b (new) Ab. whereas the collaborative economy covers such diverse models as crowdfunding, the exchange of goods, timebanking, self-consumption groups and the shared use of goods, among other things, and consequently it does not always operate in a digital environment but also operates in community-based contexts, frequently on a non-profit basis, it is not only practised on a global scale but also on a local one, and it is not exclusively restricted to the economic area but places the emphasis on social, environmental and accessibility aspects;
Amendment 140 #
7. Underlines that
Amendment 141 #
Draft opinion Paragraph 7 7. Underlines that con
Amendment 142 #
Draft opinion Paragraph 7 7. Underlines that constant accessibility may represent
Amendment 143 #
Draft opinion Paragraph 7 7. Underlines that
Amendment 144 #
Draft opinion Paragraph 7 7. Underlines that
Amendment 145 #
Draft opinion Paragraph 7 7. Underlines that constant accessibility represents a serious health and safety risk in the platform economy;
Amendment 146 #
Draft opinion Paragraph 7 7. Underlines that
Amendment 147 #
Draft opinion Paragraph 7 7. Underlines that constant accessibility represents a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’, as defined by each Member State.
Amendment 148 #
Draft opinion Paragraph 7 7. Underlines that constant accessibility represents a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’ without impacting on platform workers' ratings.
Amendment 149 #
7a. Recalls that the flexibility, volatility and instability of these jobs passes the risks of the market on to workers and gives rise to greater social inequality and causes a higher incidence of psychological morbidity than in other jobs; stresses that the sector does not provide sufficient numbers of jobs for the unemployed, the most excluded groups in society and rural people, owing to barriers such as the digital divide or a lack of technological skills;
Amendment 15 #
Draft opinion Recital A b (new) Ab. whereas European labour markets are rapidly evolving towards 'atypical' or 'non-standard' forms of employment, such as temporary work, part-time work, casual work, seasonal work, on-demand work or work on online platforms, which show many features of employment but do not bring the benefits normally associated with employment;
Amendment 150 #
Draft opinion 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 151 #
Draft opinion Paragraph 7 a (new) 7a. Stresses the urgent need to discuss and develop better policy frameworks as regards data ownership of employees at the workplace; points to the risk that constant supervision using digital techniques can have for the working environment and for stress at work; points out in this context that research clearly indicates that higher pressure and supervision do not increase performance but health risks, mistakes and accidents;
Amendment 152 #
Draft opinion Paragraph 7 a (new) 7a. States that crowdworkers are rather valued by ratings than the proof of qualifications; stresses that ratings on platforms are not fully reliable and therefore not a credible measure of quality to judge workers are judged; calls for more transparency on qualifications and the right to remove unfair and unjustified ratings;
Amendment 153 #
7a. Calls on the Commission and the Member States to promote social economy models in the platform economy and to exchange best practices in this regard, as social enterprises have proven more resilient during times of economic crisis than other business models;
Amendment 154 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to produce a study on the spillover effects of digitalisation, on workers' psychological wellbeing and private life;
Amendment 155 #
Draft opinion Paragraph 7 b (new) 7b. Recommends that new forms of employment and the protection of the workers concerned should also be included in policy areas other than labour and social protection, such as internal market policies, regional development, sectorial development and business development;
Amendment 156 #
Draft opinion Paragraph 7 b (new) 7b. Stresses that the EU should support the rapid development of the platform economy through the establishment of a comprehensive legal framework and shape its course in a socially just and sustainable way.
Amendment 16 #
Draft opinion 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 17 #
Draft opinion Recital A b (new) Ab. whereas access to high speed broadband is essential to participate in the platform economy and a lack of broadband provision potentially excludes groups such as older persons or those living in rural areas and outermost regions from benefiting from new opportunities;
Amendment 18 #
Draft opinion Recital A b (new) Ab. whereas all collaborative economies are identified by resource sharing, the active empowerment of citizens, innovation and the intensive use of information and communication technologies (ICTs);
Amendment 19 #
Draft opinion Recital A b (new) Ab. Points out that collaborative economy offers many opportunities in the labour market, especially for those who are looking for flexible work schedules, cheaper and convenient choices as a result of more competition;
Amendment 2 #
Draft opinion Recital A A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy and its impact on economic and employment policies, leading to a change which is already predictable and not under control, to the disadvantage of participants in the traditional economy;
Amendment 20 #
Draft opinion 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 21 #
Draft opinion Recital A c (new) Ac. whereas non-standard forms of employment often involve economic insecurity and bad working conditions, notably in terms of lower and less certain incomes, lack of possibilities to defend one's rights, lack of social and health insurance, lack of career prospects, and difficulties in reconciling on-demand work with private and family life;
Amendment 22 #
Draft opinion Recital A c (new) Ac. whereas the platform economy is based on new technologies and is developing at a faster pace than tax and employment regulation; whereas there is an urgent need for regulation governing these platforms;
Amendment 23 #
Draft opinion Recital A d (new) Ad. whereas the importance of ensuring sufficient capacities to provide adequate social protection at Member State level for people in all forms of employment, standard and non-standard employment relationships as well as self- employment was highlighted in the report on the European Pillar of Social Rights;
Amendment 24 #
Draft opinion Recital A d (new) Ad. whereas promoting social justice and protection, as defined in Article 3 TEU and Article 9 TFEU, are also objectives of the EU internal market;
Amendment 25 #
Draft opinion Recital A e (new) Ae. whereas many of the new forms of employment that digitalisation and in particular digital platforms are creating are operating outside the contractual context (in employment and administrative terms), i.e. in the context of undeclared work;
Amendment 26 #
Draft opinion Recital A f (new) Af. whereas there are no official statistics on the volume of employment in the platform economy, but it is estimated that it comprises 100 000 workers, which represents 0.05% of all EU employees at the end of 2015;
Amendment 28 #
-1a. Notes that there is no common definition of the digital economy based on online platforms ('platform economy', 'collaborative economy', 'sharing economy' etc.); points out that the use of the terminology 'platform economy' seems to be the most objective description and calls on the Commission to ensure the usage of coherent terminology;
Amendment 29 #
Draft opinion Paragraph 1 1. Stresses the need for a clear distinction between
Amendment 3 #
Draft opinion 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 30 #
Draft opinion Paragraph 1 1. Stresses the need for a clear distinction between
Amendment 31 #
Draft opinion Paragraph 1 1. Stresses the need for a clear distinction between
Amendment 32 #
Draft opinion Paragraph 1 1. Stresses the need for a clear distinction between
Amendment 33 #
Draft opinion Paragraph 1 1. Stresses the need for a clear distinction between
Amendment 34 #
Draft opinion Paragraph 1 a (new) 1a. Points out that new forms of work based on digitalisation and on the principles of the collaborative economy often uncouple the place of work from the enterprise; stresses that in such cases the principle of equal pay for equal work at the same workplace is being challenged while it is of utmost importance to ensure just and fair wages; stresses that digitalisation and the collaborative economy have the potential to challenge the principle of lex loci laboris - which determines the law applicable to the worker's social protection according to connecting criteria related to the workplace - as regards wages and working conditions; considers that the protection of workers should not be reduced when applying the relevant rules of choice of law to new forms of work;
Amendment 35 #
Draft opinion Paragraph 1 a (new) 1a. Recognises that the collaborative economy can be used for social purposes and stresses the need for a clear distinction between the various types of platform; calls on the Commission and Member States to take action to combat the digital divide, guarantee access for everyone without discrimination and protect non-profit platforms;
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Whereas the servers and business headquarters of many platforms are located outside the EU and thus fall outside the scope of European law;
Amendment 38 #
Draft opinion Paragraph 1 b (new) 1b. Calls for specific and tailor-made approaches to new forms of work, based on a common understanding of what the different emerging forms of employment are and how to apply the relevant labour and social legislation; calls on the Commission to promote a national and cross-national exchange of information and experience, including between governments and social partners, of these to support an EU-wide understanding of and provide guidance on different new and atypical forms of employment and self-employment;
Amendment 39 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that the lack of clarity surrounding the existence of an employment relationship in profit-making platforms leaves workers without protection; deplores the fact that low-cost services are being offered to consumers at the expense of precarious conditions and unfair competition in certain sectors, often in sectors that are of strategic importance for the economy of some Member States;
Amendment 4 #
Draft opinion Recital A A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy and its impact on economic and employment policies and recognises the need for regulation by the Member States;
Amendment 40 #
Draft opinion Paragraph 1 c (new) 1c. Calls on the Commission and Member States to guarantee that the developing online platform economy in the Union is socially and environmentally sustainable, respects labour rights and complies with minimum guarantees regarding platform quality;
Amendment 41 #
Draft opinion Paragraph 1 d (new) 1d. Stresses that the existence of legal loopholes and grey areas may open the way to breaches of the social and labour rights of workers carrying out activities for these platforms; calls on the Commission to urge Member States to regulate aspects such as the minimum wage, working time, collective agreement cover, the right to social security, health and safety at work and maternity and paternity leave;
Amendment 42 #
Draft opinion Paragraph 2 2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts
Amendment 43 #
Draft opinion Paragraph 2 2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts;
Amendment 44 #
Draft opinion 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
Amendment 45 #
Draft opinion Paragraph 2 2. States that all workers in the platform economy are either self-employed or s
Amendment 46 #
Draft opinion Paragraph 2 2. States that all who perform work
Amendment 47 #
Draft opinion Paragraph 2 2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; re
Amendment 48 #
Draft opinion Paragraph 2 2. States that all workers in the platform economy are either employed or self-employed based on the primacy of
Amendment 49 #
Draft opinion 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 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 work and a proper employment contract or cooperation agreement;
Amendment 5 #
Draft opinion 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 50 #
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 the Court of Justice has defined the concept of
Amendment 51 #
Draft opinion Paragraph 2 a (new) Amendment 52 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that all workers need to enjoy adequate protection and security in terms of working conditions, wages, social protection and health and safety and that the quality of their employment has to be guaranteed at all times, irrespective of whether they perform their work through a platform or not;
Amendment 53 #
Draft opinion Paragraph 2 a (new) 2a. Calls on Member States to combat the growing job insecurity arising from the collaborative economy, in order to give workers secure employment;
Amendment 54 #
Draft opinion Paragraph 2 b (new) 2b. Calls on the Commission and the Member States to increase its efforts to tackle bogus self-employment; notes that there are cases where self-employed platform workers meet the ECJ criteria defining an employment relationship, and which should therefore be classified as employees; calls on the Commission and the Member States to work towards a common definition of self-employed which also applies to the platform economy;
Amendment 55 #
Draft opinion Paragraph 2 b (new) 2b. Stresses that working in the collaborative economy and organising work through a platform may not lead to avoidance of taxes and social contributions nor to non-compliance with employment and social regulations; calls on the Commission and Member States to closely monitor the application of the legislation concerned and to take firm actions in case of their violation;
Amendment 56 #
Draft opinion Paragraph 3 3. Calls
Amendment 57 #
Draft opinion Paragraph 3 3. Calls for
Amendment 58 #
3.
Amendment 59 #
Draft opinion Paragraph 3 3. Calls
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas the flexibility and ease of entry inherent in platform economy models can provide employment opportunities for groups traditionally excluded from the labour market in particular women, young people and migrants and in areas predominantly impacted by high unemployment such as disadvantaged or rural areas;
Amendment 60 #
Draft opinion Paragraph 3 3. Calls
Amendment 61 #
Draft opinion Paragraph 3 3.
Amendment 62 #
Draft opinion Paragraph 3 3.
Amendment 63 #
Draft opinion Paragraph 3 3. Calls for a framework directive on decent working conditions in the
Amendment 64 #
Draft opinion Paragraph 3 3. Calls for a framework directive on decent working conditions
Amendment 65 #
Draft opinion Paragraph 3 3. Calls for a framework directive on working conditions in the platform economy in order to encourage innovation and sustainable growth while guaranteeing 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;
Amendment 66 #
Draft opinion Paragraph 3 3. Calls for a framework directive on working conditions in 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, within the limits of, and in compliance with, the principle of subsidiarity, without prejudice to the fact that each Member State remains responsible for the regulation of its own work relationships;
Amendment 67 #
Draft opinion Paragraph 3 3. Calls for a framework directive on working conditions in 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, with the aim of preventing the development of jobs in the shadow economy to which labour law would not in practice apply;
Amendment 68 #
Draft opinion Paragraph 3 3. Calls for a framework directive on working conditions in 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, including the right for unionization and collective bargaining, and health and safety protection as workers in the traditional economy;
Amendment 69 #
Draft opinion Paragraph 3 a (new) 3a. Urges the Member States to take the necessary steps to punish, by means of labour inspections tailored to suit these new forms of work, the use of undeclared recruitment practices and breaches of workplace health and safety standards;
Amendment 7 #
Draft opinion Recital A a (new) Aa. 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, seniors and persons with disabilities, and provides innovative new services for citizens and consumers;
Amendment 70 #
Draft opinion 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 71 #
Draft opinion Paragraph 3 a (new) 3a. Notes the need to ensure that self- employed workers and professionals who work for platform companies receive professional-level pay and certain time frames for payment;
Amendment 72 #
Draft opinion Paragraph 3 a (new) 3a. Highlights the need to adapt existing social protection schemes to the needs of the workers in the collaborative economy to ensure the adequate coverage of the workers concerned;
Amendment 73 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to undertake to develop and enshrine in EU law appropriate definitions of the terms ‘worker’, ‘service provider’, ‘intermediary’ and ‘user’ so as to combat loopholes which allow for abuse; calls on the Commission and the Member States to open a broad social dialogue on new forms of employment and to set up a forum for negotiation in which to agree on amendments to EU legislation to redefine the status of worker and entrepreneur in the various branches of the new digital economy; takes the view that this forum should also establish models for labour relations, including administrative aspects thereof, determine the role that should be played by platforms, by ascertaining, for instance, who should apply for and pay social security contributions and future pensions, as well as working time arrangements, rest periods, occupational risk prevention guarantees, gender equality and curtail the rise of undeclared work;
Amendment 74 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission and on Member States to open up non-exclusive, experimentation-oriented spaces for collaborative economies while fostering digital connectivity and literacy;
Amendment 75 #
Draft opinion Paragraph 4 4.
Amendment 76 #
Draft opinion Paragraph 4 4. Underlines the need to ensure an adequate social security and tax regime for self-employed workers
Amendment 77 #
Draft opinion Paragraph 4 4. Underlines the need to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on Member States and the EU to urgently develop new mechanisms of protection which are adequate to the working and career patterns shaped by digitalisation; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 78 #
Draft opinion Paragraph 4 4. Underlines the need to ensure adequate social security for self-employed workers, who are key players in the digital labour market
Amendment 79 #
4. Underlines the urgent need to ensure adequate social security for self- employed workers, who are key players in the digital labour market, and stresses that only Member States can meet that need rapidly; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas the term ‘collaborative economy’ covers individual or social initiatives that seek to share or collaborate on a non-profit basis, and it needs to be differentiated from the profit-making digital economy or online platforms;
Amendment 80 #
Draft opinion Paragraph 4 4. Underlines the need to ensure adequate social security for self-employed workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers, whether they are employees or self-employed, on the most egalitarian basis possible;
Amendment 81 #
Draft opinion Paragraph 4 4. Underlines the need to ensure
Amendment 82 #
Draft opinion Paragraph 4 a (new) 4a. Notes that the platform economy, offers new opportunities for people to earn an additional income, for the employment of young people (in particular those seeking casual work and flexible forms of employment allowing them to combine work with study), for the better reconciliation of work and private life, and for the reduction of underemployment and unemployment; points out, however, that, in some circumstances, this development can also lead to precarious situations; stresses that flexible employment must be covered by existing health and safety provisions, as well as by social protection measures, in order to avoid long-term social and financial implications, and must exclude potential risks such as worker overload and pay levels that are not commensurate with performance; highlights, therefore, the need for labour market flexibility, on the one hand, and for economic and social security for workers on the other; stresses that reducing costs should not undermine working conditions or employment standards;
Amendment 83 #
Draft opinion Paragraph 4 a (new) 4a. Is concerned that the absence of clear regulation of the status of people working in the collaborative economy increases the risk of false self-employment and evasion of social contributions and wage levels defined by legislation and/or collective agreements; considers it necessary also for Member States to clearly identify false self-employment and sanction employers if such cases are identified and proven1a; recalls that bogus self-employment should be turned into wage earning when criteria of remuneration and subordination are fulfilled; _________________ 1aEurofound EurWork Digitalisation and working life: lessons from the Uber cases around Europe, 2016
Amendment 84 #
Draft opinion Paragraph 4 a (new) 4a. Deplores the worsening economic situation and the erosion of labour rights which have forced many jobseekers to work inadvertently for platforms in conditions of precariousness and a lack of protection and job security, factors which affect women, migrants and people with disabilities disproportionately;
Amendment 86 #
Draft opinion Paragraph 4 b (new) 4b. Stresses that freedom of association and collective action are fundamental rights which must apply to all workers; is concerned that the right of workers to freely associate may be called to question if they are regarded as self- employed and collective bargaining could be regarded as forming a cartel, which could put them in conflict with EU rules on anti-competitive practices; underlines in this context the need to adjust European and national competition law accordingly; urges the Commission to exclude individual platform workers from anti-cartel-measures; calls on the Commission, the Member States and the social partners to increase collective bargain coverage, union density and to empower workers in the platform economy to bargain;
Amendment 88 #
Draft opinion Paragraph 5 5. Calls
Amendment 89 #
Draft opinion Paragraph 5 5. Calls for more reliable data on jobs, qualifications and working conditions in the platform economy, for the exchange of best practice and for the adjustment of related policies to create a level playing field between
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas the deregulation policies pursued by the EU in the past 50 years, in conjunction with this new type of economy, make it difficult to protect traditional economic activities, which are at the mercy of unfair competition and ultra-liberalism;
Amendment 90 #
Draft opinion Paragraph 5 5. Calls for more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to
Amendment 91 #
Draft opinion Paragraph 5 5. Calls for more reliable data
Amendment 92 #
Draft opinion Paragraph 5 5. Calls for more reliable and comprehensive data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies and to ensure the adequate protection of employment and labour rights of all workers, irrespective of their official status or qualification as employee or self- employed;
Amendment 93 #
Draft opinion Paragraph 5 5. Calls for more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies; in this regard believes this data should include the employment status and history of platform workers, interviews with platform workers as well as platform collected data and that metrics should be developed which take into account job quality, income stability and work-life balance;
Amendment 94 #
Draft opinion Paragraph 5 5. Calls for more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies and for no worker, whatever his or her status, to suffer any encroachment on his or her rights, while all should have the same access to employment in the platform economy and the traditional economy;
Amendment 95 #
5. Calls for more reliable data on jobs
Amendment 96 #
Draft opinion Paragraph 5 5. Calls for more reliable data on jobs, activities and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies;
Amendment 97 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the concentration of data generated by users in the hands of a small number of private intermediation platforms undermines the privacy of users and competition in the market; calls on the Commission and the Member States to take the appropriate measures to stop any operator from assuming a dominant position in the digital market and ensure adequate safeguards for the privacy and personal information of users and workers, in such a way as to guarantee that data are only ever collected with explicit and informed consent and never by default;
Amendment 98 #
Draft opinion Paragraph 5 a (new) 5a. Points out that the growth of the platform economy, and reactions to it, reveal the opportunities, limits, challenges and ways of addressing the development of forms of contracting work and activities that do not easily fit into the traditional categories of subordinated and independent work; therefore calls for a clarification of how these activities will align with the more established labour market models1a; _________________ 1aEurofound EurWork Digitalisation and working life: lessons from the Uber cases around Europe, 2016
Amendment 99 #
Draft opinion 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;
source: 599.493
2017/02/13
IMCO
366 amendments...
Amendment 1 #
Motion for a resolution Heading 1 on a European Agenda on the
Amendment 10 #
Motion for a resolution Recital A a (new) A a. Whereas the collaborative economy is neither an alternative nor in confrontation to the traditional economy, but it rather poses new challenges and opportunities;
Amendment 100 #
Motion for a resolution Paragraph 8 8. Draws attention to the fact that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, reflecting the European business structure, which consists mainly of SMEs
Amendment 101 #
Motion for a resolution Paragraph 8 a (new) 8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 102 #
Motion for a resolution Paragraph 9 9. Notes that European entrepreneurs
Amendment 103 #
Motion for a resolution Paragraph 9 9. Notes that European entrepreneurs show a strong propensity to create collaborative platforms for social purposes, and acknowledges a growing interest in cooperative governance models; believes at the same time it to be necessary to differentiate collaborative businesses with profit motivation and social, sustainable interests;
Amendment 104 #
Motion for a resolution Paragraph 10 10.
Amendment 105 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for disadvantaged people
Amendment 106 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for disadvantaged people
Amendment 107 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for women, disadvantaged people and communities;
Amendment 108 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for women, disadvantaged people and communities;
Amendment 109 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for disadvantaged people and communities and for people with disabilities;
Amendment 11 #
Motion for a resolution Recital A a (new) Aa. whereas the collaborative economy is socially beneficial for EU citizens,
Amendment 110 #
Motion for a resolution Paragraph 10 10. Underlines the importance of preventing
Amendment 111 #
Motion for a resolution Paragraph 10 a (new) 10 a. Considers that those services offered within the collaborative economy which are publicly advertised and offered for profit fall within the remit of the 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 and should, therefore, be consistent with the principle of equal treatment of women and men;
Amendment 112 #
Motion for a resolution Paragraph 10 a (new) 10 a. Considers that those services offered within the collaborative economy which are publicly advertised and offered for profit fall within the remit of the 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 and should, therefore, be consistent with the principle of equal treatment of women and men;
Amendment 113 #
Motion for a resolution Paragraph 10 a (new) 10 a. Underlines the importance of not excluding new forms of businesses from rules and legislation on protection of workers and consumers due to their innovative forms;
Amendment 114 #
Motion for a resolution Paragraph 10 a (new) 10 a. Underlines that platforms generate more than proportional value based on the size of their network; recognises the risk of monopoly generation and supports all efforts to push for interoperability between platforms;
Amendment 115 #
Motion for a resolution Paragraph 10 b (new) 10 b. Considers that depending on the legal nature of the relationship between individual service providers with the platform provider, if the relationship presents labour relationship or self- employment, directives 2006/54/EU or 2010/41/EU alternatively should be applied.
Amendment 116 #
Motion for a resolution Paragraph 10 b (new) 10 b. Considers that depending on the legal nature of the relationship between individual service providers with the platform provider, if the relationship presents labour relationship or self- employment, directives 2006/54/EU or 2010/41/EU alternatively should be applied.
Amendment 117 #
Motion for a resolution Paragraph 11 Amendment 118 #
Motion for a resolution Paragraph 11 Amendment 119 #
Motion for a resolution Paragraph 11 11. C
Amendment 12 #
Motion for a resolution Recital A b (new) A b. Whereas PwC also projects that sharing economy revenues will grow at a 35-40% rate per year in Europe and that the collaborative economy should account for 50% of the rental sector by 2025 globally1a ; _________________ 1a http://www.pwc.co.uk/issues/megatrends/c ollisions/sharingeconomy/the-sharing- economy-sizing-the-revenue- opportunity.html
Amendment 120 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to encourage the collaborative economy as a whole, giving priority to sectors with more difficult access to financing such as non- profit, user-governed, collaborative practices aimed at building sharing and cooperation, and a commons-
Amendment 121 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to encourage non-profit, user-governed, collaborative practices aimed at building sharing, solidarity and cooperation, and a common needs-
Amendment 122 #
Motion for a resolution Paragraph 11 a (new) 11 a. Stresses the importance of ultra high-speed fixed and wireless networks as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model; recalls, thus, the necessity to ensure an adequate network access for all citizens in the EU, especially in those areas where sufficient connectivity is not yet available;
Amendment 123 #
Motion for a resolution Paragraph 12 Amendment 124 #
Motion for a resolution Paragraph 12 12. Is concerned that
Amendment 125 #
Motion for a resolution Paragraph 12 12. Is concerned that
Amendment 126 #
Motion for a resolution Paragraph 12 12.
Amendment 127 #
Motion for a resolution Paragraph 12 12. Is concerned that
Amendment 128 #
Motion for a resolution Paragraph 12 12. Is concerned
Amendment 129 #
Motion for a resolution Paragraph 12 12. Is concerned that, while a large part of the nascent collaborative economy
Amendment 13 #
Motion for a resolution Recital B Amendment 130 #
Motion for a resolution Paragraph 12 12. Is concerned that, while a large part of the nascent collaborative economy
Amendment 131 #
Motion for a resolution Paragraph 12 a (new) 12 a. Acknowledges at the same time, that in line with the subsidiarity principle, local specificities may require different approaches when regulating activities of the collaborative economy
Amendment 132 #
Motion for a resolution Paragraph 12 a (new) 12 a. Stresses the complex nature of the transport sector within and outside the collaborative economy; notes that this sector is subject to heavy regulation, particularly regarding access to the profession, activities concerned and the development, use and marketing of transport services (exclusive rights, capping of the number of licenses), as well as subsidisation; deplores the fact that they are, among other factors, sometimes used as a pretext to erect artificial barriers, especially against new business models;
Amendment 133 #
Motion for a resolution Paragraph 13 Amendment 134 #
Motion for a resolution Paragraph 13 Amendment 135 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models; moreover emphasises existing applicable rules such as the Services Directive (Directive 2006/123/EC) and the need for member states to step up law enforcement; specifically encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, and bring infringement procedures whenever incorrect or insufficient implementation of the legislation is identified;
Amendment 136 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models; points out already existing and applicable rules such as the Services Directive and the need for Member States to step up law enforcement; encourages the Commission to make use of all the means at its disposal to ensure the full and correct implementation of existing rules, and infringement procedures whenever incorrect or insufficient implementation of the legislation is identified
Amendment 137 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission
Amendment 138 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models; in particular highlights the issue of data protection and calls all actors to comply with and enforce the General Data Protection Regulation in the collaborative economy;
Amendment 139 #
Motion for a resolution Paragraph 13 13.
Amendment 14 #
Motion for a resolution Recital B B. whereas these radical changes have a considerable impact on the legal landscape, by blurring established
Amendment 140 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models and proposes improving communication in the internal market;
Amendment 141 #
Motion for a resolution Paragraph 13 a (new) 13 a. Underlines the existing legislation of the Services Directive and the failure to fully implement it in practice by many Member States; calls on the Commission to launch further infringement actions against those Member States, who despite having transposed the Directive, have not ensure that it is respected by local and regional authorities; urges the Commission to increase the speed by which infringement and competition cases are handled in order to allow for swift resolutions for both companies and individuals;
Amendment 142 #
Motion for a resolution Paragraph 13 a (new) 13 a. Emphasises the need for the Member States to step up enforcement of existing legislation, most importantly the Services Directive; calls on the Commission to make use of all the tools available to ensure full and correct implementation of the Single Market rules; calls on the Commission to accelerate infringement procedures whenever an incorrect or insufficient implementation of the legislation is identified;
Amendment 143 #
Motion for a resolution Paragraph 13 a (new) 13a. Believes that there are no universal criteria for classifying services provided through collaborative platforms and that it is necessary to proceed on the basis of analyses allowing for the specific features of the sector concerned and of the territory on which the services are to be provided; points to the importance, however, of distinguishing between professional and peer-to-peer services; considers that this distinction should, as a general rule, take several factors into account, including the frequency of the service, the reason for providing the service, and the level of revenue generated by the service provider; takes the view that, for example, a service provided on a frequent basis, for a reward rather than against payment to compensate for the costs incurred, and capable of generating revenue levels exceeding the thresholds laid down by national or local authorities can be considered a professional activity; also takes the view that if an online platform controls the supply of services offered by providers on the platform and sets terms and conditions entailing an obligation to perform those services, for instance in the form of choices as to when and how often a provider has to perform the services offered on the platform, the activity in question should be considered to be of a professional nature;
Amendment 144 #
Motion for a resolution Paragraph 13 a (new) 13 a. Acknowledges simultaneously that The European Union cannot accept flexibility with no security where the individual bears the risk of the market and employment conditions and standards are hollowed out;
Amendment 145 #
Motion for a resolution Paragraph 14 Amendment 146 #
Motion for a resolution Paragraph 14 14. Agrees that, in line with the EU Treaty and applicable secondary legislation, any market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate
Amendment 147 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment
Amendment 148 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer providers subject to l
Amendment 149 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer providers subject to lighter or no legal requirement
Amendment 15 #
Motion for a resolution Recital B a (new) B a. whereas small and medium-sized enterprises (SMEs) are the main engine of the European economy, representing, on 2014 figures, 99.8 % of all undertakings outside the financial sector and accounting for two out of three of all jobs;
Amendment 150 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals
Amendment 151 #
Motion for a resolution Paragraph 14 14.
Amendment 152 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent inter alia on whether services are provided by professional or private individuals, making peer providers subject to lighter legal requirements and taking into account sectoral differences; however stresses that incumbents and new operators and services linked to digital platforms and the collaborative economy need to be able to develop in a business-friendly environment, including greater transparency with regard to legislative changes and can coexist among healthy competition, as opposed to abusing exceptions from EU law with the aim of blocking new market entrants;
Amendment 153 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer providers subject to lighter legal requirements; however high standards of consumer protection must remain a priority
Amendment 154 #
Motion for a resolution Paragraph 14 14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be inter alia dependent on whether services are provided by professional or private individuals, making peer providers subject to lighter legal requirements;
Amendment 155 #
Motion for a resolution Paragraph 14 a (new) 14 a. Welcomes the Service Package proposals and guidance on regulated professions; calls for further review and harmonisation of the rules on access to regulated professions and activities in Europe, so as to enable new operators and services linked to digital platforms and the collaborative economy to develop in a business-friendly environment, including greater transparency with regard to legislative changes, and to coexist with incumbent operators within an environment of healthy competition;
Amendment 156 #
Motion for a resolution Paragraph 14 b (new) 14 b. Agrees with the Communication that when assessing whether market access and other requirements meet the conditions of the Services Directive, Member States should take into account the specific features of collaborative economy business models; is of the same understanding as the Council's Collaborative Economy Discussion Paper that not everything that has historically been considered justified and proportionate in an economic sector is automatically also justified and proportionate in the collaborative economy;
Amendment 157 #
Motion for a resolution Paragraph 15 Amendment 158 #
Motion for a resolution Paragraph 15 Amendment 159 #
Motion for a resolution Paragraph 15 15. Urges the Commission
Amendment 16 #
Motion for a resolution Recital b a (new) b a. Whereas the collaborative economy offers possibilities for young people, migrants, part-time workers and senior citizens to access the labour market;
Amendment 160 #
Motion for a resolution Paragraph 15 15.
Amendment 161 #
Motion for a resolution Paragraph 15 15.
Amendment 162 #
Motion for a resolution Paragraph 15 a (new) 15 a. Stresses the need to provide clear definitions so as to offer platforms and their users legal certainty and ensure the development of the collaborative economy in the EU; notes that in the mobility sector, it is important to clearly differentiate between (i) carpooling on the one hand and sharing of costs in the context of an existing trip the driver planned for his own purpose, and (ii) regulated passenger transport services on the other hand;
Amendment 163 #
Motion for a resolution Paragraph 15 a (new) 15 a. Underlines that any thresholds based on income levels must take into account the important differences in income levels and prices across the Member States, stresses that there can be no 'one-size-fits-all' EU income threshold;
Amendment 164 #
Motion for a resolution Paragraph 16 16.
Amendment 165 #
Motion for a resolution Paragraph 16 16. Draws attention
Amendment 166 #
Motion for a resolution Paragraph 16 16. Believes that peer providers, in most cases being private individuals offering services on an occasional basis, should not fall under the definition of professional service providers, and thresholds can be useful in that respect to exempt peers from legal requirements. Draws attention, at the same time, to the risk that establishing threshold
Amendment 167 #
Motion for a resolution Paragraph 16 16. Draws attention, at the same time, to the risk that establishing thresholds may create a disparity between micro and small businesses on the one side, and peers on the other; calls therefore for
Amendment 168 #
Motion for a resolution Paragraph 16 16. Draws attention, at the same time, to the risk that
Amendment 169 #
Motion for a resolution Paragraph 16 16. Draws attention, at the same time, to the risk that establishing thresholds may create a disparity between micro and small businesses on the one side, and peers on the other; calls therefore for the legislation applicable to professional service providers to be revised in order to level the playing field among comparable categories of service providers and to
Amendment 17 #
Motion for a resolution Recital B a (new) B a. whereas the collaborative economy models can help to boost participation of women in the labour market and economy, by providing opportunities of flexible forms of entrepreneurship and employment;
Amendment 170 #
Motion for a resolution Paragraph 17 17. Believes that
Amendment 171 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers;
Amendment 172 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of
Amendment 173 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the
Amendment 174 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission
Amendment 175 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; stresses the importance of looking for solutions which improve security for consumers and minimise risks of gender based violence while providing or accepting services within the collaborative economy;
Amendment 176 #
Motion for a resolution Paragraph 17 17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; points to the need for greater clarity regarding safeguards for consumers in the event of disputes;
Amendment 177 #
Motion for a resolution Paragraph 17 a (new) 17a. Notes that consumers should have access to information on whether reviews by other users of a service might not be subject to influence from the provider, for example in the form of paid advertising;
Amendment 178 #
Motion for a resolution Paragraph 17 a (new) 17 a. Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that whilst the "zero- tolerance" policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment as well as to consider creating clear procedures for reporting abuse cases for users;
Amendment 179 #
Motion for a resolution Paragraph 17 a (new) 17 a. Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that whilst the "zero- tolerance" policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment as well as to consider creating clear procedures for reporting abuse cases for users;
Amendment 18 #
Motion for a resolution Recital B a (new) B a. whereas collaborative economy models can help to boost participation of women in the labour market and economy, by providing opportunities of flexible forms of entrepreneurship and employment;
Amendment 180 #
Motion for a resolution Paragraph 17 b (new) 17b. Considers that if entities arranging the conclusion of contracts in the collaborative economy do not have their own well developed mechanisms and measures for settling disputes, it may be difficult for consumers to obtain their rights;
Amendment 181 #
Motion for a resolution Paragraph 17 c (new) 17c. Consumers seeking services in the collaborative economy should be made acquainted with their rights and obligations if they conclude a peer-to-peer contract, and have explained to them the difference between these and their rights and obligations when they conclude a contract with a professional service provider;
Amendment 182 #
Motion for a resolution Paragraph 18 Amendment 183 #
Motion for a resolution Paragraph 18 18.
Amendment 184 #
Motion for a resolution Paragraph 18 18. Emphasises that
Amendment 185 #
Motion for a resolution Paragraph 18 18. Emphasises that, in many cases, due to persisting asymmetric information or lack of choice, rules for protecting consumers are still needed in the collaborative economy, especially
Amendment 186 #
Motion for a resolution Paragraph 18 18. Emphasises that
Amendment 187 #
Motion for a resolution Paragraph 18 18. Emphasises that, in many cases, rules for protecting consumers are still needed in the collaborative economy; also believes in many cases the collaborative economy empowers consumers through additional information and choice, though there are some areas where this is not the case, especially due to persisting asymmetric information or lack of choice;
Amendment 188 #
Motion for a resolution Paragraph 18 a (new) 11a. Points out that much of what is offered in the collaborative economy is based on customer evaluations and that a good many suppliers gain a competitive advantage as a result of false evaluations; stresses therefore that there should be guaranteed checks by independent accredited bodies that evaluations are genuine;
Amendment 189 #
Motion for a resolution Paragraph 18 a (new) 18 a. Underlines the importance to guarantee adequate information to consumers about the applicable legal regime of each transaction, the criteria used to determine the professional or non- professional nature of the transaction and consequent rights and legal obligations;
Amendment 19 #
Motion for a resolution Recital B a (new) Ba. whereas these upheavals have a considerable and sometimes very negative impact on employment, despite the opportunities that this sector of the economy may bring;
Amendment 190 #
Motion for a resolution Paragraph 18 a (new) 18a. Recalls that the safety of products placed on the market is of critical importance to consumer protection; considers it essential that the collaborative economy provides consumers with a guarantee of the safety of the products and services on offer;
Amendment 191 #
Motion for a resolution Paragraph 18 b (new) 18b. Believes that it should be mandatory for collaborative platforms always to keep records from which all contractual relations arranged by them including both contracting parties can be traced, in particular for the purpose of settling disputes;
Amendment 192 #
Motion for a resolution Paragraph 18 c (new) 18c. Emphasises that the collaborative economy cannot be used to circumvent laws on consumer protection, safety or the protection of public health;
Amendment 193 #
Motion for a resolution Paragraph 18 d (new) 18d. Points out that for consumers it may not always be clear with whom they are concluding a contract in the collaborative economy and what legal system applies to it; believes that sufficient identification of the users of collaborative economy services is an essential measure which may serve to limit possible misunderstandings and help in enforcing the law;
Amendment 194 #
Motion for a resolution Paragraph 19 Amendment 195 #
Motion for a resolution Paragraph 19 19.
Amendment 196 #
Motion for a resolution Paragraph 19 19.
Amendment 197 #
Motion for a resolution Paragraph 19 19.
Amendment 198 #
Motion for a resolution Paragraph 19 19.
Amendment 199 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime
Amendment 2 #
Motion for a resolution Citation 2 a (new) - having regard to its resolution of 24 November 2016 on new opportunities for small transport businesses, including collaborative business models1a . _________________ 1a Texts adopted, P8_TA(2016)0455
Amendment 20 #
Motion for a resolution Recital B a (new) Ba. whereas we must first gain a comprehensive understanding of the various business models before adopting any legislative or regulatory frameworks;
Amendment 200 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime,
Amendment 201 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime
Amendment 202 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime
Amendment 203 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime
Amendment 204 #
Motion for a resolution Paragraph 19 19. Calls on the Commission to clarify the collaborative platforms liability regime, which could enhance responsible behaviour and increase user confidence; considers that an annual report from the Commission is needed in this connection;
Amendment 205 #
Motion for a resolution Paragraph 19 a (new) 19 a. Stresses the need for clarification of the provisions on liability for providers of goods and services and connecting online platforms on the basis of the Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services, in particular in cases of third-party harassment which predominantly concerns women; calls on the Commission to perform legal analysis and issue guidelines in in this regard;
Amendment 206 #
Motion for a resolution Paragraph 19 a (new) 19 a. Stresses the need for clarification of the provisions on liability for providers of goods and services and connecting online platforms on the basis of the Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services, in particular in cases of third-party harassment which predominantly concerns women; calls on the Commission to perform legal analysis and issue guidelines in in this regard;
Amendment 207 #
Motion for a resolution Paragraph 19 a (new) 19a. Calls for action to be taken to guarantee full use of and constant compliance with consumer protection rules by occasional service providers, on the same or on a comparable basis as professional service providers;
Amendment 208 #
Motion for a resolution Paragraph 19 a (new) 19a. Recalls that the protection of personal data is an issue that cannot be neglected in the collaborative economy context as most entities arranging the conclusion of contracts use online platforms, through which they obtain a large quantity of data from users; recalls that this data may often be passed to others;
Amendment 209 #
Motion for a resolution Paragraph 19 b (new) 19b. Believes that collaborative platform users should be able to transfer their personal data to others;
Amendment 21 #
Motion for a resolution Recital B b (new) Bb. whereas the collaborative economy is developing in a context of organised economic deregulation, in which many sectors are already having to deal with fierce unfair competition and overall levels of prices have been rising constantly over the past two decades; whereas since they have already been significantly weakened by the absence of intelligent protectionism, many sectors are unable to adapt rapidly to the emergence of this new digital competition;
Amendment 210 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to further scrutinise EU legislation in order to reduce uncertainties concerning the rules applicable to collaborative business models
Amendment 211 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to further scrutinise EU legislation in order to reduce uncertainties concerning the rules applicable to collaborative business models, to guarantee greater legal security for all participants in the collaborative economy and to assess whether new or amended rules are
Amendment 212 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to further scrutinise EU legislation in order to reduce uncertainties concerning the rules applicable to collaborative business models and to assess whether new or amended rules are
Amendment 213 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to further scrutinise EU legislation in order to reduce uncertainties concerning the rules applicable to collaborative business models and to assess whether new or amended rules are desirable; in particular urges the Commission to evaluate the need for new rules on active intermediaries that address questions of information and transparency requirements, due diligence standards, non-performance and liability.
Amendment 214 #
Motion for a resolution Paragraph 21 Amendment 215 #
Motion for a resolution Paragraph 21 Amendment 216 #
Motion for a resolution Paragraph 21 21. Believes that any new regulat
Amendment 217 #
Motion for a resolution Paragraph 21 21. Believes that any new regulation should
Amendment 218 #
Motion for a resolution Paragraph 21 21. Believes that any new regulation should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures
Amendment 219 #
Motion for a resolution Paragraph 21 21. Believes that any new regulation should leverage platforms
Amendment 22 #
Motion for a resolution Recital B b (new) B b. whereas, while the recent Commission communication entitled 'European agenda for the collaborative economy' represents a good starting point for promoting and regulating this sector effectively, there is a need to incorporate the gender equality perspective and reflect the provisions of the relevant anti- discrimination legislation in further analysis and recommendations in this field;
Amendment 220 #
Motion for a resolution Paragraph 21 21. Believes that any new regulation should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms, yet considers self-regulation quality labels per se as inappropriate to achieve safety and service quality standards;
Amendment 221 #
Motion for a resolution Paragraph 21 21. Believes that any new regulation should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms; welcomes the efforts of many platforms to avert distortions in the arrangements for reviewing the services offered and calls on all platforms to endeavour to ensure that user reviews are truthful and manipulations curtailed;
Amendment 222 #
Motion for a resolution Paragraph 21 a (new) 21 a. Welcomes the trust-building mechanisms some collaborative platforms have put in place, including setting an effective and reliable review and reputation system, introducing of guarantees or insurance, identity verification of peers and prosumers - such as pre-screening mechanisms - and developing secure and more transparent payment systems; encourages collaborative platforms to learn from the best practices and to inform and raise awareness about their user´s legal obligations;
Amendment 223 #
Motion for a resolution Paragraph 21 a (new) 21 a. Highlights that the digital trust building mechanisms such as reviews feedback are an essential part of the collaborative economy; Considers it therefore necessary to properly deal with abuse of these via for example independent checks of reviews;
Amendment 224 #
Motion for a resolution Paragraph 21 a (new) 21 a. Emphasises the importance of coherent legislation in order to guarantee the well-functioning of the internal market for all and calls on the Commission to safeguard current rules and legislation on workers' and consumer rights before introducing new legislation which could fragmentise the internal market;
Amendment 225 #
Motion for a resolution Paragraph 21 a (new) 21a. Expresses concern at the numerous cases of fraud that are continuing to occur within the collaborative economy; calls on platforms, therefore, to ensure that the necessary systems are in place to monitor online payments so as to minimise fraud risks and to provide for complaint procedures in order to increase consumer confidence;
Amendment 226 #
Motion for a resolution Paragraph 21 b (new) 21 b. Welcomes all initiatives aimed at enhancing trust and transparency of rating mechanisms and setting-up reliable reputation criteria in collaborative economy business models; considers two- way rating mechanisms and voluntary adoption of certification schemes as good examples to avoid abuses, manipulations and fake feedback;
Amendment 227 #
Motion for a resolution Paragraph 22 Amendment 228 #
Motion for a resolution Paragraph 22 Amendment 229 #
Motion for a resolution Paragraph 22 Amendment 23 #
Motion for a resolution Recital B b (new) B b. whereas, while the recent Commission communication entitled 'European agenda for the collaborative economy' represents a good starting point for promoting and regulating this sector effectively, there is a need to incorporate the gender equality perspective and reflect the provisions of the relevant anti- discrimination legislation in further analysis and recommendations in this field;
Amendment 230 #
Motion for a resolution Paragraph 22 Amendment 231 #
Motion for a resolution Paragraph 22 Amendment 232 #
Motion for a resolution Paragraph 22 22.
Amendment 233 #
Motion for a resolution Paragraph 22 22.
Amendment 234 #
Motion for a resolution Paragraph 22 22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, etc.); points to the positive experiences in regulation made on local level guided by the principles of information transparency, participation, inclusion and good governance in general;
Amendment 235 #
Motion for a resolution Paragraph 22 22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, discouraging monopolies, etc.);
Amendment 236 #
Motion for a resolution Paragraph 22 22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, fighting black economy..etc.);
Amendment 237 #
Motion for a resolution Paragraph 23 Amendment 238 #
Motion for a resolution Paragraph 23 23.
Amendment 239 #
Motion for a resolution Paragraph 23 23.
Amendment 24 #
Motion for a resolution Recital B b (new) B b. whereas a recent study by the Commission shows that 17 % of European consumers have used services provided by the sharing economy, and 52 % are aware of the services offered1a ; _________________ 1aFlash Eurobarometer 438 (March 2016) on ‘The use of collaborative platforms’
Amendment 240 #
Motion for a resolution Paragraph 23 23. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and of guaranteeing algorithm fairness;
Amendment 241 #
Motion for a resolution Paragraph 23 23. Points out the crucial importance of
Amendment 242 #
Motion for a resolution Paragraph 23 23. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and of guaranteeing algorithm fairness; emphasises the need to verify the potential harm to privacy caused by big data, to assess the impact of data on different segments of society and to prevent discrimination; expresses disquiet at the fact that in some cases data collected by platforms contain sensitive information about service providers and users, such as their whereabouts or credit card details; calls on platforms, therefore, to supply transparent information to service providers and users about the personal data collected and the way in which those data are processed and to ensure that service providers and users are able to give their explicit consent to the processing of personal data; calls on the Commission to lay down effective criteria for developing algorithm accountability principles for information-based collaborative platforms;
Amendment 243 #
Motion for a resolution Paragraph 23 23. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and of guaranteeing algorithm fairness and transparency; emphasises the need to verify the potential harm to privacy caused by big data, to assess the impact of data on different segments of society and to prevent discrimination; calls on the Commission to lay down effective criteria for developing algorithm accountability principles for information-based collaborative platforms;
Amendment 244 #
Motion for a resolution Paragraph 24 Amendment 245 #
Motion for a resolution Paragraph 24 Amendment 246 #
Motion for a resolution Paragraph 24 24.
Amendment 247 #
Motion for a resolution Paragraph 24 24. Is convinced that consideration must be given to developing a common EU
Amendment 248 #
Motion for a resolution Paragraph 24 24.
Amendment 249 #
Motion for a resolution Paragraph 24 24. Is convinced that a common EU horizontal and harmonised regulatory framework, consisting of a combination of general principles and specific rules, needs to be developed, in addition to any sector- specific regulation that might be needed; takes the view that any legislation which imposes new requirements on collaborative economy actors, particularly tax-related, social and environmental measures, should be proportionate, simple and clear, and not hampering their development;
Amendment 25 #
Motion for a resolution Recital B c (new) B c. whereas only 1.7 % of enterprises in the EU make full use of advanced digital technologies, while 41 % do not use them at all; whereas the digitalisation of all sectors is crucial if the EU's competitiveness is to be maintained and improved;
Amendment 250 #
Motion for a resolution Paragraph 24 24. Is convinced that a flexible common EU
Amendment 251 #
Motion for a resolution Paragraph 24 a (new) 24 a. Believes that the existing EU regulatory framework should continue to be applied, and that future changes consisting of general principles and specific rules should be considered in response to any gaps or needs on a case- by-case basis, in line with better regulation principles.
Amendment 252 #
Motion for a resolution Paragraph 25 Amendment 253 #
Motion for a resolution Paragraph 25 25.
Amendment 254 #
Motion for a resolution Paragraph 25 25. Calls on the Commission
Amendment 255 #
Motion for a resolution Paragraph 25 25. Calls on the Commission for an
Amendment 256 #
Motion for a resolution Paragraph 25 25. Is deeply concerned of the impact of unjustified market access requirements taken in numerous member states on innovation in Europe; Calls on the Commission for an ambitious and more effective enforcement framework , and to support the Member States in developing a strong culture of compliance and enforcement;
Amendment 257 #
Motion for a resolution Paragraph 26 Amendment 258 #
Motion for a resolution Paragraph 26 26.
Amendment 259 #
Motion for a resolution Paragraph 26 26. Encourages the Commission to foster a level playing field for competition among collaborative platforms; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups;
Amendment 26 #
Motion for a resolution Recital B c (new) Bc. whereas the advent of the collaborative economy poses a considerable challenge in safeguarding the digital sovereignty of our continent, strategic data and the digital and industrial independence of the Member States against Silicon Valley and asks crucial questions concerning the automatic transfer of personal data to American super computers;
Amendment 260 #
Motion for a resolution Paragraph 26 26. Encourages the Commission to foster a level playing field for competition among collaborative platforms; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups; underlines in this context the need for free flow of data, data portability and interoperability, which facilitate switching between platforms and prevent lock-in, and which are key factors for open and fair competition and empowering users of collaborative platforms; acknowledges the need to balance greater data portability and interoperability, where necessary, with the legitimate interests of market players that invest in product development to ensure a fair return on their investments and thereby contribute to innovation;
Amendment 261 #
Motion for a resolution Paragraph 26 26. Encourages the Commission to foster a level playing field for competition among collaborative platforms and traditional enterprises; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups; underlines in this context the need for free flow of data, data portability and interoperability, which facilitate switching between platforms and prevent lock-in and consumer entrapment strategies, and which are key factors for open and fair competition and empowering users of collaborative platforms;
Amendment 262 #
Motion for a resolution Paragraph 26 26. Encourages the Commission to foster a level playing field for competition, both among collaborative platforms and between them and with traditional enterprises; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start-
Amendment 263 #
Motion for a resolution Paragraph 26 26. Encourages the Commission to foster a level playing field for competition among collaborative platforms; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups; underlines in this context the need
Amendment 264 #
Motion for a resolution Paragraph 26 a (new) 26 a. Welcomes that the rise of the collaborative economy has brought greater competition and has challenged existing operators to focus on consumers' real demands, consumer service and a better service to cost ratio; underlines that the collaborative economy is positive even for those individuals that do not directly take part in it;
Amendment 265 #
Motion for a resolution Paragraph 26 a (new) 26 a. Stresses that the collaborative economy never should be a way of avoiding tax obligations; Believes it is crucial that Member States deal with tax compliance issues so as to ensure a level playing field;
Amendment 266 #
Motion for a resolution Paragraph 27 27.
Amendment 267 #
Motion for a resolution Paragraph 27 27.
Amendment 268 #
Motion for a resolution Paragraph 27 27.
Amendment 269 #
Motion for a resolution Paragraph 27 27. Is concerned
Amendment 27 #
Motion for a resolution Recital B d (new) B d. whereas the flexibility and ease of entry inherent in the collaborative economy can provide employment opportunities for groups traditionally excluded from the labour market, in particular women, young people and migrants; whereas collaborative economy services can provide a good way of becoming self-employed and promote a culture of entrepreneurship;
Amendment 270 #
Motion for a resolution Paragraph 27 27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despite the increased traceability of economic transactions via online platforms; Underlines that public-private cooperation with regard to tax and social security compliance has proven successful in some Member States ; Stresses therefore the role competent authorities should play in engaging with platforms to develop effective and innovative solutions that facilitate compliance and the role of the European Commission in facilitating exchange of best practices and reuse of technological solutions;
Amendment 271 #
Motion for a resolution Paragraph 27 27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despite the increased traceability of economic transactions via online platforms; supports the best practices in terms of platform- government cooperation already developed in certain countries;
Amendment 272 #
Motion for a resolution Paragraph 27 a (new) 27 a. encourages the Commission to take proactive steps to make sure that our social contributions, our social systems match the new reality of the future world where workers shift between employers and employment forms far more often than we know today;
Amendment 273 #
Motion for a resolution Paragraph 28 28. Stresses, further, the urgent need
Amendment 274 #
Motion for a resolution Paragraph 28 28. Stresses, further, the urgent need for collaboration
Amendment 275 #
Motion for a resolution Paragraph 28 a (new) 28 a. Reiterates that digital platforms and other intermediaries should have an obligation to report all work undertaken through them to the competent authorities for the purpose of ensuring adequate contributions and protection through social and health insurance for all workers;
Amendment 276 #
Motion for a resolution Paragraph 28 a (new) 28a. Calls on sharing platforms to increase the degree of transparency regarding the commission rates charged for services provided, so as to enhance consumer confidence;
Amendment 277 #
Motion for a resolution Paragraph 29 Amendment 278 #
Motion for a resolution Paragraph 29 Amendment 279 #
Motion for a resolution Paragraph 29 29. Encourages the Member States to agree on a uniform set of information that businesses must disclose to tax authorities in the framework of their tax information
Amendment 28 #
Motion for a resolution Paragraph 1 Amendment 280 #
Motion for a resolution Paragraph 29 29. Encourages the Member States to agree on a uniform set of information that
Amendment 281 #
Motion for a resolution Paragraph 29 29. Encourages the Member States to agree on a uniform set of information that businesses and professional service operators must disclose to tax authorities in the framework of their tax information duties;
Amendment 282 #
Motion for a resolution Paragraph 29 a (new) 29a. Calls on the Member States to work together and exchange information in the area of taxation in order to eliminate the risk of future cross-border tax fraud;
Amendment 283 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services
Amendment 284 #
Motion for a resolution Paragraph 30 30.
Amendment 285 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services, whether in the traditional economy or in the sharing economy, and is convinced that
Amendment 286 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services, and is convinced that taxes should be paid where profits are generated
Amendment 287 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax
Amendment 288 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services, and is convinced that taxes should be paid where profits are generated
Amendment 289 #
Motion for a resolution Paragraph 30 30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services, and is convinced that taxes should be paid where profits are generated and where more is involved than simply contributions to costs;
Amendment 29 #
Motion for a resolution Paragraph 1 1. Welcomes the communication on a European Agenda for the collaborative economy, and underlines that it should represent a first step towards a more comprehensive and ambitious EU strategy on it the objective of which should be a European legal framework;
Amendment 290 #
Motion for a resolution Paragraph 30 a (new) 30a. Maintains that the continuing harmful or non-transparent tax practices of jurisdictions that function as tax havens are severely undermining competition within the collaborative economy as well and are particularly damaging to players seeking to enter the market; calls therefore on the Commission and the Member States to combat tax avoidance, evasion, and fraud, aggressive tax planning, and tax havens when dealing with the collaborative economy;
Amendment 292 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency
Amendment 293 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 294 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency; warns that up-skilling of the workforce, especially regarding digital skills, alone might not suffice to keep people self-sufficient and out of poverty, which means that other solutions are indispensable, such as strengthening of basic social services for persons excluded from the labour market by machines
Amendment 295 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency; urges the Commission and the Member States, therefore, to promote education and training systems whereby citizens and future workers will be able to acquire not only the necessary technical skills, but also the essential social skills enabling them to make full use of the opportunities and advantages afforded by a labour market and a society that have undergone radical change;
Amendment 296 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of
Amendment 297 #
Motion for a resolution Paragraph 31 31. Emphasises that the digital revolution is having a
Amendment 298 #
Motion for a resolution Paragraph 31 a (new) 31 a. At the same time, notes that the collaborative economy is opening new opportunities and new, flexible routes into work for all users - including prosumers - thriving innovation and entrepreneurship in Europe;
Amendment 299 #
Motion for a resolution Paragraph 31 a (new) 31 a. Recognises that, the sharing economy creates opportunities for entrepreneurship and empowers people from all demographics and across the generations;
Amendment 3 #
Motion for a resolution Citation 2 b (new) Amendment 30 #
Motion for a resolution Paragraph 1 1. Welcomes the communication on a European Agenda for the collaborative economy, and underlines that it should represent a first step towards a more comprehensive and ambitious EU strategy on it; stresses the need for further clarification from the Commission in order to ensure a well-balanced and proportionate way forward;
Amendment 300 #
Motion for a resolution Paragraph 32 Amendment 301 #
Motion for a resolution Paragraph 32 Amendment 302 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services,
Amendment 303 #
Motion for a resolution Paragraph 32 32. Underlines the
Amendment 304 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services
Amendment 305 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services
Amendment 306 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of safeguarding workers
Amendment 307 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection; special attention should be paid to prevent precarious employment models, while women are more likely than men to be employed precariously;
Amendment 308 #
Motion for a resolution Paragraph 32 32. Underlines the paramount importance of freedom of contract, of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 309 #
Motion for a resolution Paragraph 32 a (new) 32 a. Reiterates its call on the Commission to propose a recommendation on social protection in the context of the European Pillar of Social Rights, seeking to ensure that all people in all employment forms, employment relationships and self- employment accumulate entitlements providing income security in situations such as unemployment, part-time work, health problems, older age or career breaks for child-raising, other care or training reasons, and that everyone has a personal activity account where they can verify their entitlements;
Amendment 31 #
Motion for a resolution Paragraph 1 a (new) 1a. Maintains that the collaborative economy, which covers activities which are gainful but are not economic activities pursued on a professional basis, should not be subject to additional administrative burdens; considers, on the other hand, that entities engaged on a professional basis in intermediary activities between providers and recipients of services in the context of the collaborative economy should be subject to generally applicable business laws;
Amendment 310 #
Motion for a resolution Paragraph 32 a (new) 32 a. Calls on the Commission to launche an official statistics on employment in the collaborative economy and its direct and indirect effects and to propose solutions for guaranteeing of minimum earning requirements, information exchange with platforms to determine earnings of workers to improve tax declarations, address the special protection needs for protection of platform workers, extension of collective arrangements to categories wider than "employees".
Amendment 311 #
Motion for a resolution Paragraph 33 Amendment 312 #
Motion for a resolution Paragraph 33 Amendment 313 #
Motion for a resolution Paragraph 33 33.
Amendment 314 #
Motion for a resolution Paragraph 33 33.
Amendment 315 #
Motion for a resolution Paragraph 33 33. Is concerned about the risks associated with self-employment and job security and the fact that on-
Amendment 316 #
Motion for a resolution Paragraph 33 a (new) 33 a. Reiterates its calls on the social partners and the Commission to work together to present a proposal for a framework directive on decent working conditions in all forms of employment as a key element of the European Pillar of Social Rights, in order to extend existing minimum standards to new kinds of employment relationships, improve enforcement of EU law, increase legal certainty across the single market and prevent discrimination by ensuring for every worker a core set of enforceable rights, regardless of the type of contract or employment relationship;
Amendment 317 #
Motion for a resolution Paragraph 33 a (new) 33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 318 #
Motion for a resolution Paragraph 33 a (new) 33 a. While acknowledging the risks associated with self-employment and reduced job security, notes the positive effects of collaborative economy operators in creating new, flexible jobs for people entering the labour market, self-employed workers and marginalised groups such as migrants, part-time workers and the long- term unemployed;
Amendment 319 #
Motion for a resolution Paragraph 33 a (new) 33 a. Notes that the collaborative economy creates new, flexible jobs for young people entering the labour market, self-employed workers and marginalised groups that might otherwise be excluded from the labour market;
Amendment 32 #
Motion for a resolution Paragraph 1 a (new) 1 a. nevertheless brings into consideration that the term "collaborative economy" is only suitable where genuinely participative peer-to-peer marketplaces and other platforms are concerned while many platforms act as intermediaries in traditionally two-sided markets and therefore add a third dimension of profit-making which are unrelated to the peer-to-peer nature of the collaborative economy;
Amendment 320 #
Motion for a resolution Paragraph 33 a (new) 33 a. Encourages the Member States to recognize that the collaborative economy will also bring disruption, therefore to prepare absorption measures for certain sectors, supporting training and outplacement;
Amendment 321 #
Motion for a resolution Paragraph 33 a (new) 33 a. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages member States and the collaborative economy businesses to enable life-long learning training and skills development to all workers.
Amendment 322 #
Motion for a resolution Paragraph 33 a (new) 33 a. Calls on the Commission to open a dialogue with social partners, who play an important role for creating and supporting codes of conduct addressing labour protection in the collaborative economy
Amendment 323 #
Motion for a resolution Paragraph 33 b (new) 33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 324 #
Motion for a resolution Paragraph 33 b (new) 33 b. Stresses the need to make sure that competition law does not prevent the growing number of people who are forced to become self-employed, from engaging in collective bargain;
Amendment 325 #
Motion for a resolution Paragraph 33 c (new) 33 c. Due to the rising number of self- employed workers in the collaborative economy, urges the Commission to re- examine the existing EU competition laws, which are now hampering the right to organise for those workers treated as independent contractors, in order to guarantee the fundamental right to organise, undertake collective actions and negotiate collectively, including with regard to their compensation;
Amendment 326 #
Motion for a resolution Paragraph 33 c (new) 33 c. Urges the Commission to examine if further action is needed to safeguard individual providers' rights to relevant self-produced data in areas such as ratings, reputation and earnings, in order to increase mobility of intra-platform transactions;
Amendment 327 #
Motion for a resolution Paragraph 33 d (new) 33 d. Underlines the importance to ensure the portability of ratings and reviews for collaborative platforms workers and to guarantee the transferability and accumulation of ratings and reviews across different platforms while respecting rules on data protection and the privacy of other parties involved;
Amendment 328 #
Motion for a resolution Paragraph 33 e (new) 33 e. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages the Commission, Member States and collaborative economy businesses to enable life-long learning training and skills development;
Amendment 329 #
Motion for a resolution Paragraph 33 f (new) 33 f. Draws attention to the lack of data relating to changes in the employment world brought by the collaborative economy and underlines the importance of closely monitoring working conditions in the collaborative economy in order to combat illegalities; furthermore, encourages each Member States to appoint a national competent entity as responsible for controlling and evaluating emerging trends in the collaborative economy's labour market, taking necessary actions in case of illegalities, and informing other relevant authorities; asks Member States to periodically provide to the European Commission with data and information about jobs and working conditions in the collaborative economy;
Amendment 33 #
Motion for a resolution Paragraph 1 b (new) 1b. Considers that there is no need for the Commission to adopt detailed regulations on the collaborative economy;
Amendment 330 #
Motion for a resolution Paragraph 34 34.
Amendment 331 #
Motion for a resolution Paragraph 34 34. Observes that some local governments are already active in regulating and promoting the collaborative economy, focusing on collaborative practices both as the subject of their policies and as an organising principle of new forms of collaborative governance;
Amendment 332 #
Motion for a resolution Paragraph 34 34. Observes that local
Amendment 333 #
Motion for a resolution Paragraph 34 a (new) 34 a. Is convinced that one of the most interesting examples is the civic crowd- funding that combines public-private partnership with innovative forms of participatory democracy;
Amendment 334 #
Motion for a resolution Paragraph 35 Amendment 335 #
Motion for a resolution Paragraph 35 35. Believes that there is ample room for manoeuvre for national, regional and local authorities to adopt context-specific regulations in order to address
Amendment 336 #
Motion for a resolution Paragraph 35 35.
Amendment 337 #
Motion for a resolution Paragraph 35 35. Believes that there is ample room for manoeuvre for national, regional and local authorities to adopt context-specific regulations in order to address clearly identified public interest objectives with proportionate measures fully in line with EU legislation; calls on the Commission therefore to support the Member States in their policy-making
Amendment 338 #
Motion for a resolution Paragraph 35 35. Believes that there is ample room for manoeuvre for national, regional and local authorities to adopt context-specific
Amendment 339 #
Motion for a resolution Paragraph 35 a (new) 35 a. Regrets that local governments' responses to the development of collaborative business models has so far been very fragmented and in some cases inconsistent with the potential and benefits of the development of this sector, as well as contrary to consumer expectations; considers that a coordinated overall European-level action is needed to prevent local and regional authorities from adopting rules that are inconsistent with EU law;
Amendment 34 #
Motion for a resolution Paragraph 2 2. Believes that
Amendment 340 #
Motion for a resolution Paragraph 35 a (new) 35a. Urges platforms to play an active role in cooperation with local authorities; hopes in particular that platforms will assume a leading role in creating smart cities and easing the transition to more efficient citizen-friendly infrastructure;
Amendment 341 #
Motion for a resolution Paragraph 35 b (new) 35 b. calls on the Member States to comply with, and fully implement, the Electronic Commerce Directive (Directive 2000/31/EC) and the Services Directive (Directive 2006/123/EC); maintains that the free movement of service providers and freedom of establishment, as provided for in Articles 56 and 49 TFEU respectively, are essential in order to realise the European dimension of services and hence of the internal market;
Amendment 342 #
Motion for a resolution Paragraph 35 c (new) 35 c. Calls on the Member States to put an end to over-regulation, which is often protectionist in nature and inhibit the advantages of new market entries in order to protect established market players and other social actors; believes it is necessary for Member States to refrain from uncoordinated actions and unwarranted restrictive unilateral measures against collaborative economy companies;
Amendment 343 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices, shifting the focus from smart cities to sharing cities, based on collaboration and common pooling practices; is also convinced that the collaborative economy can be a solution to tackle specific problems and offer significant opportunities to inner peripheries and rural areas,
Amendment 344 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy can offer significant opportunities to inner peripheries and rural areas,
Amendment 345 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favo
Amendment 346 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy can offer significant opportunities to inner peripheries and outlying, mountainous and rural
Amendment 347 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy
Amendment 348 #
Motion for a resolution Paragraph 36 36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy can offer significant opportunities to inner peripheries and rural areas, too, as well as poorer areas;
Amendment 349 #
Motion for a resolution Paragraph 36 a (new) 36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 35 #
Motion for a resolution Paragraph 2 2. Believes that
Amendment 350 #
Motion for a resolution Paragraph 36 a (new) 36a. Welcomes the determination of national and local authorities to play an active role in developing collaborative systems, including actions aimed at promoting and disseminating services of general interest with a view to strengthening the local social fabric and encouraging the emergence of web applications and other business ideas;
Amendment 351 #
Motion for a resolution Paragraph 37 Amendment 352 #
Motion for a resolution Paragraph 37 Amendment 353 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy;
Amendment 354 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy;
Amendment 355 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective
Amendment 356 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed
Amendment 357 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies; stresses the importance of encouraging women and girls to acquire ICT related competences and provide them with opportunities of doing so, in order for them to be able to fully enjoy the benefits of collaborative economy;
Amendment 358 #
Motion for a resolution Paragraph 37 37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies; stresses the importance of encouraging women and girls to acquire ICT related competences and provide them with opportunities of doing so, in order for them to be able to fully enjoy the benefits of collaborative economy;
Amendment 359 #
Motion for a resolution Paragraph 37 a (new) 37 a. Calls on the Commission to be proactive in encouraging public-private cooperation in particular with regard to the take up of e-IDs, to increase consumers and service providers trust in online transactions, building on the EU framework for mutual recognition of Eids, and to address other existing barriers to the growth of the collaborative economy, such as obstacles to providing crossborder insurance schemes ;
Amendment 36 #
Motion for a resolution Paragraph 2 2. Believes that, if developed in a responsible manner, the collaborative economy
Amendment 360 #
Motion for a resolution Paragraph 39 Amendment 361 #
Motion for a resolution Paragraph 39 39. Emphasises that collaborative financing systems – such as crowd-funding –
Amendment 362 #
Motion for a resolution Paragraph 39 a (new) 39 a. Encourages the Commission to support initiatives and actions to favour more research and fact-finding on the development and the impact of the collaborative economy in Europe; in particular, welcomes the recently adopted pilot project on the collaborative economy, aimed at helping European SMEs and social enterprises with high- growth potential to use and benefit from all the possibilities and potential provided by the collaborative economy business model;
Amendment 363 #
Motion for a resolution Paragraph 39 a (new) 39 a. Notes that services provided by SMEs in the collaborative economy sector are not always sufficiently tailored to the needs of persons with disabilities and the elderly; calls for tools and programmes aimed at supporting these operators to take into account the needs of persons with disabilities;
Amendment 364 #
Motion for a resolution Paragraph 39 b (new) 39 b. Calls the Commission to facilitate and promote the access to appropriate funding lines for European entrepreneurs who operate in the collaborative economy sector, also in the framework of the EU Research and Innovation programme - Horizon 2020;
Amendment 365 #
Motion for a resolution Paragraph 39 c (new) 39 c. Notes the rapid development and the crescent diffusion of innovative technologies and digital tools, such as the Blockchains and DLTs, also in the financial sector; underlines that the use of these decentralised technologies might enable effective peer-to-peer transactions and connections in the collaborative economy, leading to the creation of independent markets or networks and replacing, in the future, the role of intermediaries played today by the collaborative platforms;
Amendment 366 #
Motion for a resolution Paragraph 39 d (new) 39 d. At the same time, asks the Commission to monitor the effects and the impact of the development and diffusion of these digital technologies in the collaborative economy business model; welcomes the Commission's initiative to ensure the adequacy of consumer law within this activities and draws the attention to ensure adequate consumer protection even with regard to peers to peers Blockchains and DLTs transactions;
Amendment 37 #
Motion for a resolution Paragraph |