### (1) a skilled workforce is crucial to ensuring socially fair and just green and digital transitions , and to strengthening the union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the covid-19 pandemic or the fallout of russia’s war of aggression against ukraine. more and better skills open up new opportunities and empower individuals to fully participate in the labour market , society and democracy , to harness and benefit from the opportunities of the green and digital transitions and to exercise their rights. ### (1) a skilled workforce is crucial to ensuring socially fair and just green and digital transitions , and to strengthening the union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the covid-19 pandemic or the fallout of russia’s war of aggression against ukraine. more and better skills , combined with high-quality jobs with decent wages and working conditions , open up new opportunities and empower individuals to fully participate in the labour market , society and democracy , to harness and benefit from the opportunities of the green and digital transitions and to exercise their rights.


### c. whereas the covid-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty , as well as of vulnerable populations , including ethnic minorities , the lgbti+ community , the elderly , persons with disabilities and young people; ### c. whereas the covid-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty , with particular negative consequences for women , workers with chronic health conditions as well as of vulnerable populations , including ethnic minorities , single parents , the lgbti+ community , the elderly , persons with disabilities , homeless and young people;


### d. whereas before the pandemic it was estimated that 25 % of eu citizens would experience a mental health problem in their lifetime11 ; ### d. whereas before the pandemic it was estimated that 25 % of eu citizens would experience a mental health problem in their lifetime11 ; whereas mental well-being has reached its lowest level across all age groups since the onset of the pandemic; whereas this is especially prominent among young people and those who have lost their job; whereas in spring 2021 , there was an overall increase in negative feelings , such as tension/anxiety , loneliness , and feeling downhearted and depressed , across most social groups in the eu; whereas , according with eurofound , an increase in depressive feelings was recorded particularly among younger groups , while the highest increase in loneliness was recorded for women over 50;


### 1. regrets that during the covid-19 pandemic mental health has been affected by many factors including education , health , economic , employment and social inclusion policies and poverty; calls for mental health to urgently be tackled by cross-sectional policies; ### 1. regrets that during the covid-19 pandemic mental health has been affected by many factors including education , health , economic , employment and social inclusion policies , inadequate work organisation and teleworking arrangements and poverty; calls for mental health to urgently be tackled by cross-sectional policies;


### 2. stresses that the covid-19 pandemic and subsequent economic crisis have caused a huge strain on the well-being of eu citizens , with higher rates of stress , anxiety and depression; ### 2. stresses that the covid-19 pandemic and subsequent economic crisis have caused a huge strain on the well-being of eu citizens and workers , particularly self-employed and platform workers , with higher rates of stress , anxiety and depression;


### 3. calls for the eu institutions and member states to recognise the high levels of mental health issues across the eu and commit to actions regulating and implementing a world of work which protects workers’ mental health and social protection rights; ### 3. calls for the eu institutions and member states to recognise the high levels of mental health issues across the eu and commit to actions regulating and implementing a world of work which protects workers’ mental health and reinforce social protection rights;


### 4. regrets the fact that the teu allows for more eu action on health than has actually been taken; considers mental health to be the next health crisis and that the commission must examine all relevant possibilities to tackle this , including the urgent creation of an eu mental health strategy; ### 4. regrets the fact that the teu allows for more eu action on health than has actually been taken; considers mental health to be the next health crisis and that the commission must examine all relevant possibilities to tackle this , including the urgent creation of an eu mental health strategy with adequate funding and relevant legislative proposals; stresses the essential role of stakeholders’ participation , such as civil society and social partners , in the definition and implementation of such initiative;


### 6. applauds the frontline staff who sacrificed their own well-being to perform life-saving work during the pandemic; calls for member states to ensure that they have immediate access to adequate mental health resources; ### 6. applauds the frontline staff who sacrificed their own well-being to perform life-saving work during the pandemic; recalls that many frontline workers , such as the ones in waste , retail and health sectors , have precarious working arrangements and low wages; stresses that inadequate workload as well as precariousness and financial instability may lead to mental health issues; calls for member states to ensure that they have immediate access to adequate mental health resources and psychosocial interventions , which should be extended beyond the acute crisis period of time as post-traumatic stress (due to lack of protective personal equipment , workload and possibly high social demands) is likely to have repercussions in the long term; calls on the commission to give special attention to frontline staff in upcoming commission’s legislative proposals on mental health at work;


### 7. recognises that employment can provide individuals with purpose and a sense of identity; emphasises the positive relationship between good mental health and work productivity;14 ### 7. recognises that good quality employment and decent wages can provide individuals with purpose and a sense of identity; emphasises the positive relationship between good mental health , meaningful work and well-being at work;


### 8. recalls that proactive approaches to digitalisation , such as flexible work hours and establishing employee assistance programmes , can help to mitigate work-related stress; notes that artificial intelligence systems may provide further options for this; ### 8. recalls that proactive approaches to digitalisation , such as adequate workload and structural work organisation , flexible work hours and establishing worker assistance programmes , when workers and their trade unions are duly informed and consulted can help to mitigate work-related stress; notes that artificial intelligence systems may provide further options for this while potentially posing a certain number of challenges such as constant surveillance of workers and lack of control over work allocation; stresses that ai solutions in the workplace must not be unilaterally imposed and be ethical , transparent , fair and must avoid any negative implications for workers’ health and safety and must be subject to consultation with workers and/or their representatives;


### 10. notes that the shift to teleworking during the pandemic and the flexibility it provided to employees could improve work-life balance; encourages companies to provide clear and transparent rules on teleworking arrangements; ### 10. notes that the shift to teleworking during the pandemic has been a challenge for many workers , in particular for the poorest households , namely the single-parent households; notes that remote working is proven to have a strong impact on the organisation of working time by increasing flexibility and workers’ constant availability , frequently resulting in work-life conflict; recalls that telework , if properly regulated , could provide workers with the freedom to adapt their working hours and schedules to meet their own personal and family needs; calls on the commission to propose a legislative framework with a view to establishing minimum requirements for telework while not negatively affecting employment conditions of teleworkers; stresses that such a framework should clarify working conditions , including regarding the provision and use of and liability for equipment , covering existing and new digital tools , and that it should ensure that such work is carried out on a voluntary basis and that the rights , work-life balance , workload and performance standards of teleworkers are equivalent to those of comparable on-site workers; stresses that this legislative initiative should be based on a comprehensive assessment , including of the psychosocial risks associated with digital and remote working practises and permeable work environments; calls on the commission and the member states to ensure measures on accessibility and inclusive technology for persons with disabilities who are in the transition to teleworking and/or are undergoing remote vocational training; encourages companies and public administrations to provide clear and transparent rules on teleworking arrangements , including provisions on ergonomically fit equipment and compensation for additional work-related expenses , in negotiation with the trade unions and/or workers representatives;


### 11. considers the right to disconnect essential to ensuring the mental well-being of employees; reiterates its calls on the commission to propose legislation requiring line managers to set minimum requirements for remote working; ### 11. considers the right to disconnect essential to ensuring the mental well-being of workers and complementary to a preventive and collective approach against work-related psychosocial risks; reiterates its call on the commission to propose a directive on minimum standards and conditions to ensure that all workers are able to exercise effectively their right to disconnect and to regulate the use of existing and new digital tools for work purposes;


### 12. notes that the directives on the minimum safety and health requirements in the workplace and for work display screen equipment may open up opportunities for improving the protection of workers using digital devices , including platform workers; ### 12. notes that the directives on the minimum safety and health requirements in the workplace and for work display screen equipment may open up opportunities for improving the protection of workers using digital devices , including self-employed workers and platform workers;


### 13. is concerned about the disconnect between current policy on mental health and attitudes in the workplace creating stigma; emphasises that due to stigma and discrimination , employees often feel unable to discuss mental health issues; recognises that employees who return after mental health leave are often poorly accommodated; calls for workplaces to provide clear information about their in-house mental health support services;15 ### 13. is concerned about the disconnect between current policy on mental health and attitudes in the workplace creating stigma; emphasises that due to stigma and discrimination , employees often feel unable to discuss mental health issues; recognises that employees who return after mental health leave are often poorly accommodated; calls for employers to provide clear information about their in-house mental health support services;15


### 14. believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the commission to recognise anxiety , depression and burnout as occupational diseases , to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; ### 14. believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the commission to recognise anxiety , depression and burnout as occupational diseases , to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16; calls on the commission to revise the commission recommendation concerning the european schedule of occupational diseases of 2003 with additions such as work-related mental-health disorders , in particular anxiety , depression and burnout; calls on the commission to transform this recommendation into a directive creating a minimum list of occupational diseases and setting out minimum requirements for the recognition and adequate compensation for individuals concerned , regardless the type of contractual relationship;


### 15. calls on the commission to propose , in consultation with the social partners , a directive on psychosocial risks and well-being at work aiming to effectively prevent psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks; ### 15. calls on the commission to propose , in consultation with the social partners , a directive on psychosocial risks and well-being at work aimed at the efficient prevention of psychosocial risks in the workplace , such as anxiety , depression , burnout and stress , including risks caused by structural problems such as work organisation (i.e. poor management , poor work design or not properly matching workers’ knowledge and abilities with the assigned tasks); considers that occupational safety and health prevention policies are the responsibility of the employers but should also involve workers , trade unions and/or workers representatives in the in the conception and implementation of measures to identify and prevent psychosocial risks; considers the need to guarantee no repercussions for workers who raise concerns regarding psychosocial risks in the workplace; considers the need to provide means for labour inspectorates , including further funding and training to ensure they can adequately protect workers;


### 16. considers that it is essential for managers to be provided with the psychosocial training required to adapt to work organisation practices and foster a deep understanding of negative mental health and the workplace; ### 16. considers that it is essential for managers , including middle management , to be provided with the psychosocial training required to adapt to work organisation practices and foster a deep understanding of negative mental health and the workplace; insists that trade unions must play a central role in the design and implementation of both trainings and best practices;


### 17. underlines that given the lack of sufficient mental health support and policies in the workplace , employees often have to rely on services provided by non-governmental organisations (ngos); calls for workplaces to ensure employees have access to in-house mental health support and remedies; ### 17. underlines that the management and mitigation of psychosocial risks is first and foremost the responsibility of the employer; regrets that given the lack of sufficient mental health support and policies in the workplace , employees often have to rely on services provided by non-governmental organisations (ngos) and expensive private consulting firms; calls for employers to ensure workers have access to in-house mental health support and remedies or be provided access to external supports at the expense of the employer should in-house services be unavailable; calls for the establishment of dedicated bodies at the workplace where they do not exist or access to external assistance should this be necessary , but also to strengthen the prerogatives of existing health and safety committees; calls on the commission and the member states to establish mechanisms for the prevention of such risks and the reintegration into the workplace of affected employees , and to shift from individual-level actions to a work organisation approach in line with the general principles of hierarchy of prevention included in directive 89/391/eec; calls on the commission to prepare guidelines as regards the minimum number of personnel providing occupational health services that are required to ensure adequate occupational health surveillance; considers that protection and promotion of mental health should be an integral part of osh preparedness plans for future health crises; stresses that specific attention should be paid to the mental health of healthcare workers and of other essential workers; recalls the crucial role of trade unions , including health and safety representatives , and effective social dialogue on health and safety matters;


### 20. is concerned that entrepreneurs and smes in particular are in need of support to promote mental health awareness in the workplace and calls for eu-level efforts to assist them in risk assessment and the implementation of good practices; ### 20. stresses that all workers should be adequately protected no matter their status or the size of the enterprise and that support should be provided to micro enterprises to help them in the correct application of osh rules; is concerned that entrepreneurs and smes in particular are in need of support to promote mental health awareness in the workplace and calls for eu-level efforts to assist them in risk assessment and the implementation of good practices; highlights the role of eu-osha in providing micro-enterprises and smes with the tools and standards they need to assess the risks to their workforce and implement adequate prevention measures; considers that eu-osha should be strengthened in order to better promote healthy and safe workplaces across the union and further develop initiatives to improve workplace prevention in all sectors of activity;


### 21. points out that 64 % of young people between 18 and34 were at risk of depression in 2021 due to lack of employment , financial and educational prospects , as well as loneliness and social isolation; calls on the commission to address the disruption in access to the labour market which has put young people at greater risk of experiencing mental health issues17 ; ### 21. points out that 64 % of young people between 18 and34 were at risk of depression in 2021 due to lack of employment , financial and educational prospects , as well as loneliness and social isolation; stresses that one of the best tool to tackle mental health issues amongst young people is to provide them with meaningful , stable and desirable educational and employment perspectives; calls on the commission to address the disruption in access to the labour market which has put young people at greater risk of experiencing mental health issues17 ; calls on the member states to facilitate access for young people to paid , quality and inclusive traineeships , apprenticeships and internships; calls for the reinforcement of monitoring schemes , ensuring that young people receive adequate and quality first working experiences , opportunities for upskilling and new qualifications or credentials; condemns the practice of unpaid internships , apprenticeships and traineeships as a form of exploitation of young workers , and a violation of their rights , and calls on the commission and the member states , in collaboration with parliament , to propose a common legal framework for an effective and enforceable ban on unpaid internships and to ensure fair remuneration for traineeships and apprenticeships in order to avoid exploitative practices leading in many cases to mental health issues;


### a. whereas in coordinating economic , budgetary , employment and social policies in the member states , the european semester must respect rules on sound public finances; ### a. whereas , in that context , there is an urgent need to profoundly revise the european economic governance in order to give equal importance to economic , social and environmental policies while preparing the european economies and societies to the twin transitions;


### b. whereas the eu upholds the fundamental values of the treaties and the united nations , and whereas the consequences of the covid-19 pandemic on the economy , social affairs and employment , the european green deal and poverty must be taken into account in the 2022 annual sustainable growth strategy; ### b. whereas the eu upholds the fundamental values of the treaties and the united nations , and whereas the consequences of the covid-19 pandemic on the economy , social affairs and employment , the european green deal and poverty must be taken into account in the 2022 annual sustainable growth strategy , with a special focus on vulnerable groups and workers that will suffer from the economic downturn and structural transformations of the european economies linked to the twin transitions; whereas gender equality and gender mainstreaming should be at the core of the 2022 annual sustainable growth strategy;


### c. whereas the economy has experienced a sharp downturn as a result of the covid-19 pandemic; whereas , according to the autumn 2021 european economic forecast , growth is expected to be 5 % in 2021 , 4.3 % in 2022 and 2.5 % in 2023 , but the recovery will be heavily dependent on further pandemic developments1 ; ### c. whereas the economy has experienced a sharp downturn as a result of the covid-19 pandemic; whereas , according to the autumn 2021 european economic forecast , growth is expected to be 5 % in 2021 , 4.3 % in 2022 and 2.5 % in 2023 , but the recovery will be heavily dependent on further pandemic developments1 ; whereas european regions and economies have not been affected in the same way and with the same intensity;


### d. whereas the covid-19 pandemic is placing a heavy burden on families in terms of their everyday lives , working lives and general livelihoods2 ; ### d. whereas the covid-19 pandemic is placing a heavy burden on workers , citizens and families in terms of their everyday lives , working lives and general livelihoods2 ; whereas the covid-19 crisis has had negative impacts on the european labour market with unprecedented job losses , especially in strategic sectors; whereas these developments led to rise in poverty and divergences in living standards , which particularly affect young people , women and workers in low-skilled positions and precarious employment;


### e. whereas the eu’s climate targets represent a challenge to the economy and society; whereas they also present opportunities for businesses and opportunities to redeploy workers , which will mean that socially vulnerable people , families and micro-enterprises will come under pressure; ### e. whereas the eu’s target to carbon emission reduction by 2030 and carbon neutrality by 2050 as well as subsequent eu climate objectives defined in the european green deal and the fit for 55 package , represent a challenge to the economy and society; whereas they also present opportunities for businesses and workers , which will mean that socially vulnerable people , families and micro-enterprises will come under pressure; whereas quality job creations , ambitious just transition measures , well-financed public security systems as well as efficient up and reskilling programs will be essential to ensure a smooth and inclusive transition for workers and local communities;


### f. whereas the increased need for funding to strengthen the economy is placing budgetary constraints on the member states; ### f. whereas the increased need for public and private funding to strengthen the economy and invest in the twin transitions is placing budgetary constraints on the member states; whereas the european commission has proposed an amendment of the own resources decision to introduce three new categories of own resources based on the carbon border adjustment mechanism , the revised eu emissions trading system (ets) , and a share of the residual profits of the largest and most profitable multinational enterprises that are allocated to eu member states following the agreement by the oecd/g20 inclusive framework on base erosion and profit shifting to address the tax challenges arising from the digitalisation of the economy (oecd/g20 inclusive framework agreement); whereas the stability and growth pact has shown its inadequacy during the pandemic; whereas the potential offered by the general escape clause , the new multiannual financial framework and next generation eu to support workers and companies in difficulty , particularly by improving access to funding , safeguarding the jobs and working conditions of people working in the eu , and accompanying enterprises and workers in the green and digital transitions have shown to be critical;


### g. whereas demographic change affects social systems and markets3 ; ### g. whereas demographic change affects social systems and labour markets3 ; whereas women , and notably female workers in care and service sectors as well as single-parent family have been hit hardest by the pandemic and the economic downturn; whereas it is essential that quality jobs are created for medium- and low-skilled workers and for women and young people in particular , while evenly distributed across europe to prevent imbalances between the regions;


### h. whereas on account of artificial intelligence , the economy is on the verge of a transformation , with the opportunity to become more robust and more resilient; ### h. whereas on account of artificial intelligence , the economy is on the verge of a transformation , with the opportunity to become more robust and more resilient; whereas digitalisation , robotisation , automation and artificial intelligence must benefit workers and society by improving working conditions and quality of life , ensuring a good work-life balance , creating better employment opportunities , and contributing to socioeconomic convergence;


### i. whereas skilled workers , education , training and further training are of key importance for markets4 ; ### i. whereas skilled workers , public education systems , adequate up- and re-skilling training programs and further training are of key importance for economic operators and workers' careers developments;


### 2. stresses that opportunities to participate in the neb must be fully inclusive and accessible to all eu citizens and all regions and territories , including peripheral urban areas and less populated , rural and mountain areas and islands; emphasises that local and regional authorities and stakeholders and above all residents must be the drivers of neb projects; ### 2. acknowledges the potential of the neb , which can be used by local authorities and regions to bolster social and territorial cohesion , but stresses that opportunities to participate in the neb must be fully inclusive and accessible to all eu citizens and all regions and territories , including peripheral urban areas and less populated , rural and mountain areas and islands; emphasises that local and regional authorities , institutions and stakeholders , neighbourhood organisations , relevant social enterprises , ngos , cooperatives , local smes and , above all , residents must be the drivers of neb projects;


### 3. underlines the fact that neb projects should contribute to the affordability and accessibility of the green and digital transitions in urban and spatial planning , housing , resilient and sustainable renovation , building conversions , and the recreation of public space as the centre of community life , particularly for those groups and areas that need it the most; ### 3. underlines the fact that the neb will only have added value if it is realised on the basis of a genuinely integrated approach that addresses not only social problems and climate challenges , but also residents' well-being and social cohesion; considers that neb projects should contribute to the affordability and accessibility of the green and digital transitions in urban and spatial planning , housing , resilient and sustainable renovation , building conversions , and the recreation of public space as the centre of community life , particularly for those groups and areas that need it the most;


### 5. insists that appropriate and accessible public funding is crucial for encouraging and implementing neb ideas and projects at a local level; calls on the commission and the member states to provide local and regional authorities with relevant and user-friendly information on all financial possibilities and to support the sharing of best practices. ### 5. insists that appropriate and accessible public funding is crucial for encouraging and implementing neb ideas and projects at a local level; calls on the commission and the member states to provide local and regional authorities with relevant and user-friendly information on all financial possibilities , at least in their respective official languages , and to support the sharing of best practices; states that financing guides and a financing strategy could help national , regional and local authorities to combine and make the best possible use of various eu funds , including funding opportunities linked to the renovation wave , for interdisciplinary , innovative and sustainable projects.


### 19. calls on the commission and the member states to use the neb to better protect europe’s rich cultural heritage from the impact of climate change; ### 19. calls on the commission and the member states to use the neb to better protect areas and communities that have historically been disadvantaged and europe’s rich cultural heritage from the impact of climate change;


### 19. calls on the commission and the member states to use the neb to better protect europe’s rich cultural heritage from the impact of climate change; ### 19. calls on the commission and the member states to use the neb to better protect europe’s rich cultural heritage from the impact of underfinancing and the climate change;


### 20. calls on the commission and the member states to connect the neb to the renovation wave , taking advantage of the innovative solutions that the project offers in the comprehensive renovation of our building stock , including with regard to energy efficiency; ### 20. calls on the commission and the member states to connect the neb to the renovation wave , taking advantage of the innovative solutions that the project offers in the comprehensive renovation of our building stock , including the integration of renewable energy , energy efficiency and the eradication of asbestos and other harmful substances;


### 21. supports the creation of an neb label based on clear criteria applied in an inclusive way in order to recognise projects and products for achieving key neb goals and help them get access to funding; calls on the commission to ensure that eu funding schemes create incentives to apply for the label; calls for market uptake of the label to be explored; ### deleted


### 22. highlights that the neb should embrace the potential of the ccsi , including cultural creators , as drivers of economic growth and innovative , high-quality services and products; ### 22. highlights that the neb should embrace the potential of cultural creators , as drivers of economic growth and innovative , high-quality services and products;


### (2) the machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the union economy. the social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. ### (2) the machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the union economy. the social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. hence , in view of the forthcoming implementation of the new eu framework on health and safety at work 2021-2027 and its “ vision-zero” approach to work-related death , one of the objective of this regulation is to set out ambitious occupational health and safety requirements for machinery products.


### (23) in order to ensure that machinery products , when placed on the market or put into service , do not entail health and safety risks for persons or domestic animals and do not cause harm to property and , where applicable , the environment , essential health and safety requirements should be set out which have to be met in order for the machinery products to be allowed on the market. machinery products should comply with the essential health and safety requirements when placed on the market or put into service. where such machinery products are subsequently modified , by physical or digital means , in a way that is not foreseen by the manufacturer and that may imply that it no longer meets the relevant essential health and safety requirements , the modification should be considered as substantial. for example , users may upload software in a machinery product that is not foreseen by the manufacturer and that may generate new risks. in order to ensure the compliance of such a machinery product with the relevant essential health and safety requirements , the person that carries out the substantial modification should be required to perform a new conformity assessment before placing the modified machinery product on the market or putting it into service. that requirement should only apply with respect to the modified part of the machinery product , provided that the modification does not affect the machinery product as a whole. in order to avoid an unnecessary and disproportionate burden , the person carrying out the substantial modification should not be required to repeat tests and produce new documentation in relation to aspects of the machinery product that are not impacted by the modification. it should be up to the person who carries out the substantial modification to demonstrate that the modification does not have an impact on the machinery product as a whole. ### (23) in order to ensure that machinery products , when placed on the market or put into service , do not entail health and safety risks for persons , in particular workers and users , or animals and do not cause harm to property and , where applicable , the environment , health and safety requirements should be set out which have to be met in order for the machinery products to be allowed on the market. machinery products should comply with the health and safety requirements when placed on the market or put into service. where such machinery products are subsequently modified , by physical or digital means , in a way that is not foreseen by the manufacturer and that may imply that it no longer meets health and safety requirements , the modification should be considered as substantial. for example , users may upload software in a machinery product that is not foreseen by the manufacturer and that may generate new risks. in order to ensure the compliance of such a machinery product with health and safety requirements , the person that carries out the substantial modification should be required to perform a new conformity assessment before placing the modified machinery product on the market or putting it into service. that requirement should only apply with respect to the modified part of the machinery product , provided that the modification does not affect the machinery product as a whole. in order to avoid an unnecessary and disproportionate burden , the person carrying out the substantial modification should not be required to repeat tests and produce new documentation in relation to aspects of the machinery product that are not impacted by the modification. it should be up to the person who carries out the substantial modification to demonstrate that the modification does not have an impact on the machinery product as a whole.


### (24) in the machinery sector , around 98 % of the companies are small or medium sized enterprises (smes). in order to reduce the regulatory burden on smes , notified bodies should adapt the fees for conformity assessments and reduce them proportionately to the specific interests and needs of smes. ### (24) in the machinery sector , around 98 % of the companies are small or medium sized enterprises (smes). in order to reduce the regulatory burden on smes , notified bodies should adapt the fees for conformity assessments and reduce them proportionately to the specific interests and needs of smes. the nature and composition of the economic actors in the machinery sector should not lead to exemption of health and safety requirements full implementation.


### (25) economic operators should be responsible for the compliance of machinery products with the requirements of this regulation , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as the health and safety of persons , where appropriate , domestic animals and property and , where applicable , the environment , as well as the fair competition on the union market. ### (25) economic operators should be responsible for the compliance of machinery products with the requirements of this regulation , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as the health and safety of persons , , in particular workers and users , where appropriate , domestic animals and property and , where applicable , the environment , as well as the fair competition on the union market.


### (32) it is necessary to ensure that machinery products from third countries entering the union market comply with the requirements of this regulation and do not pose a risk to the health and safety of persons , where appropriate , domestic animals and property and , where applicable , the environment , and in particular , that appropriate conformity assessment procedures have been carried out by manufacturers with regard to such machinery products. provision should therefore be made for importers to ensure that machinery products that they place on the market comply with the requirements of this regulation and do not pose a risk to the health and safety of persons , where appropriate , domestic animals and property and , where applicable , the environment. for the same reason , provision should also be made for importers to ensure that the conformity assessment procedures have been carried out and that the ce marking and technical documentation drawn up by manufacturers are available for inspection by the competent national authorities. ### (32) it is necessary to ensure that machinery products from third countries entering the union market comply with the requirements of this regulation and do not pose a risk to the health and safety of persons , , in particular workers and users , where appropriate , domestic animals and property and , where applicable , the environment , and in particular , that appropriate conformity assessment procedures have been carried out by manufacturers with regard to such machinery products. provision should therefore be made for importers to ensure that machinery products that they place on the market comply with the requirements of this regulation and do not pose a risk to the health and safety of persons , where appropriate , domestic animals and property and , where applicable , the environment. for the same reason , provision should also be made for importers to ensure that the conformity assessment procedures have been carried out and that the ce marking and technical documentation drawn up by manufacturers are available for inspection by the competent national authorities.


### (35) in view of ensuring the health and safety of the users of the machinery product , economic operators should ensure that all relevant documentation , such as the user's instructions , whilst containing precise and comprehensible information , is easily understandable , takes into account technological developments and changes to end-user behaviour , and is as up to date as possible. when machinery products are made available on the market in packages containing multiple units , the instructions and information should accompany the smallest commercially available unit. ### (35) in view of ensuring the health and safety of the users of the machinery product , economic operators should ensure that all relevant documentation , such as the user's instructions , whilst containing precise and comprehensible information , is easily understandable , including translations in relevant workers and consumers’ mother tongues , takes into account technological developments and changes to end-user behaviour , and is as up to date as possible. when machinery products are made available on the market in packages containing multiple units , the instructions and information should accompany the smallest commercially available unit.


### (39) this regulation should be limited to setting out the essential health and safety requirements , supplemented by a number of more specific requirements for certain categories of machinery products. in order to facilitate the assessment of conformity with those health and safety requirements it is necessary to provide for a presumption of conformity for machinery which is in conformity with harmonised standards that are developed and which references are published in the official journal of the european union in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council24 for the purpose of expressing detailed technical specifications of those requirements. ### (39) this regulation aims to set out health and safety requirements , supplemented by a number of more specific requirements for certain categories of machinery products. in order to facilitate the assessment of conformity with those health and safety requirements it is necessary to provide for a presumption of conformity for machinery which is in conformity with harmonised standards that are developed and which references are published in the official journal of the european union in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council24 for the purpose of expressing detailed technical specifications of those requirements.


### (40) in the absence of relevant harmonised standards , the commission should be able to establish technical specifications for the essential health and safety requirements. recourse to technical specifications should be used as a fall back solution to facilitate the manufacturer’s obligation to comply with the health and safety requirements , for instance when the standardisation process is blocked due to a lack of consensus between stakeholders or there are undue delays in the establishment of a harmonised standard. such delays could for example occur when the required quality is not reached. ### (40) in the absence of relevant harmonised standards , the commission should be able to establish technical specifications for health and safety requirements. recourse to technical specifications should be used as a fall back solution to facilitate the manufacturer’s obligation to comply with the health and safety requirements , for instance when the standardisation process is blocked due to a lack of consensus between stakeholders or there are undue delays in the establishment of a harmonised standard. such delays could for example occur when the required quality is not reached.


### (41) compliance with harmonised standards and with technical specifications established by the commission should be voluntary. alternative technical solutions should therefore be acceptable where compliance of the machinery with the relevant essential health and safety requirements is demonstrated in the technical file. ### (41) compliance with harmonised standards and with technical specifications established by the commission should be voluntary but must be considered as minimum requirements. alternative technical solutions should therefore be acceptable where compliance of the machinery with health and safety requirements is demonstrated in the technical file.


### (42) the essential health and safety requirements should be satisfied in order to ensure that the machinery product is safe. those requirements should be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements. ### (42) health and safety requirements should be satisfied in order to ensure that the machinery product is safe. those requirements should be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements. nevertheless , reasonable anticipation of potentially hazardous development and use is to be expected during the certification process of health and safety requirements.


### (43) in view of addressing the risks stemming from malicious third party actions that have an impact on the safety of machinery products , this regulation should include essential health and safety requirements for which a presumption of conformity may be given to the appropriate extent by a certificate or statement of conformity issued under a relevant cybersecurity scheme adopted pursuant to and in accordance with article 54(3) of regulation (eu) 2019/881 of the european parliament and of the council25 . ### (43) in view of addressing the risks stemming from malicious third party actions that have an impact on the safety of machinery products , this regulation should include health and safety requirements for which a presumption of conformity may be given to the appropriate extent by a certificate or statement of conformity issued under a relevant cybersecurity scheme adopted pursuant to and in accordance with article 54(3) of regulation (eu) 2019/881 of the european parliament and of the council25.


### (45) the list of high-risk machinery in annex i to directive 2006/42/ec is so far based on the risk emanating from the intended use or any reasonably foreseeable misuse of that machinery. nevertheless , the machinery sector embraces new ways of designing and constructing machinery products that may imply high risks , regardless of such intended use or any reasonably foreseeable misuse. for example , software ensuring safety functions of machinery based on artificial intelligence , embedded or not in the machinery product , should be classified as a high-risk machinery product due to the characteristics of artificial intelligence such as data dependency , opacity , autonomy and connectivity , which might increase very much the probability and severity of harm and seriously affect the safety of the machinery product. furthermore , the market for software ensuring safety functions of machinery products based on artificial intelligence is so far very small , which results in a lack of experience and data. therefore , the conformity assessment of software ensuring safety functions based on artificial intelligence should be carried out by a third party. ### (45) the list of high-risk machinery in annex i to directive 2006/42/ec is so far based on the risk emanating from the intended use or any reasonably foreseeable misuse of that machinery. nevertheless , the machinery sector embraces new ways of designing and constructing machinery products that may imply high risks , regardless of such intended use or any reasonably foreseeable misuse. for example , software ensuring safety functions of machinery based on artificial intelligence ,embedded or not in the machinery product , should be classified as a high-risk machinery product due to the characteristics of artificial intelligence such as data dependency , opacity , autonomy and connectivity , which might increase very much the probability and severity of harm and seriously affect the safety of the machinery product. furthermore , the market for software ensuring safety functions of machinery products based on artificial intelligence is so far very small , which results in a lack of experience and data. therefore , the conformity assessment of software ensuring safety functions based on artificial intelligence and machine learning should be carried out by a third party.


### (60) member states should take all appropriate measures to ensure that machinery products covered by this regulation may be placed on the market only if , when properly installed and used for its intended purpose , or under conditions of use which can be reasonably foreseen , it does not endanger the health or safety of persons , and , where appropriate , domestic animals and property and , where applicable , the environment. machinery products covered by this regulation should be considered as non-compliant with the essential health and safety requirements laid down in this regulation only under conditions of use , which could result from lawful and readily predictable human behaviour. ### (60) member states should take all appropriate measures to ensure that machinery products covered by this regulation may be placed on the market only if , when properly installed and used for its intended purpose , or under conditions of use which can be reasonably foreseen , it does not endanger the health or safety of persons , in particular workers and users , and , where appropriate , domestic animals and property and , where applicable , the environment. machinery products covered by this regulation should be considered as non-compliant with health and safety requirements laid down in this regulation only under conditions of use , which could result from lawful and readily predictable human behaviour. nevertheless , reasonable anticipation of potentially hazardous development and use should be foreseen to assess compliance with health and safety requirements.


### (65) in order to take into account technical progress and knowledge or new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the list of high-risk machinery products and the indicative list of safety components. it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level. the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council. ### (65) in order to take into account technical progress and knowledge or new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the list of high-risk machinery products and the indicative list of safety components. it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including social partners at expert level. the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council.


### (66) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission establishing technical specifications for the essential health and safety requirements , requesting the notifying member state to take the necessary corrective measures in respect of a notified body that does not meet the requirements for its notification and establishing whether a national measure in respect of compliant machinery which a member state finds to pose a risk to health and safety of persons is justified. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council26 . ### (66) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission establishing technical specifications for the health and safety requirements , requesting the notifying member state to take the necessary corrective measures in respect of a notified body that does not meet the requirements for its notification and establishing whether a national measure in respect of compliant machinery which a member state finds to pose a risk to health and safety of persons , in particular workers and users , is justified. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council26.


### (76) it is necessary to provide for sufficient time for economic operators to comply with their obligations under this regulation , and for member states to set up the administrative infrastructure necessary for its application. the application of this regulation should therefore be deferred , ### (76) it is necessary to provide for sufficient , but reasonable , time for economic operators to comply with their obligations under this regulation , and for member states to set up the administrative infrastructure necessary for its application.


### this regulation lays down requirements for the design and construction of machinery products to allow the making available on the market or putting into service of machinery products , and establishes rules on the free movement of machinery products in the union. ### this regulation lays down requirements for the design and construction of machinery products to allow the making available on the market or putting into service of machinery products , and establishes rules on the free movement of machinery products in the union ensuring a high level protection for all eu workers and citizens.


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 46(3). ### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 46(3). the european commission shall also consult relevant stakeholders , including social partners and trade unions.


### member states may lay down requirements to ensure that persons , including workers , are protected when installing and using machinery products , provided that such rules do not allow for modification of a machinery product in a way that is not compatible with this regulation. ### member states may lay down requirements including trainings , sufficient resources and equipment to ensure that persons , including workers , are protected when installing and using machinery products , provided that such rules do not allow for modification of a machinery product in a way that is not compatible with this regulation.


### identify the hazards that may be generated by the machinery product and the associated hazardous situations , including hazards that may be generated during the lifecycle of the machinery product that are foreseeable at the time of placing of the machinery product on the market as an intended evolution of its fully or partially evolving behaviour or logic as a result of the machinery product designed to operate with varying levels of autonomy. in this respect , where the machinery product integrates an artificial intelligence system , the machinery risk assessment shall consider the risk assessment for that artificial intelligence system that has been carried out pursuant to the regulation … of the european parliament and of the council+ on a european approach for artificial intelligence+30 ; . ### identify the hazards that may be generated by the machinery product and the associated hazardous situations , including hazards that may be generated during the lifecycle of the machinery product that are foreseeable at the time of placing of the machinery product on the market as an intended evolution of its fully or partially evolving behaviour or logic as a result of the machinery product designed to operate based on machine learning technologies , potentially with varying levels of autonomy. in this respect , where the machinery product integrates an artificial intelligence system , the machinery risk assessment shall consider the risk assessment for that artificial intelligence system that has been carried out pursuant to the regulation … of the european parliament and of the council+ on a european approach for artificial intelligence+30 ; .


### under the intended conditions of use , the discomfort , fatigue and physical and psychological stress faced by the operator shall be reduced to the minimum possible , taking into account ergonomic principles such as: ### under the intended conditions of use , the discomfort , fatigue and physical cognitive workload and faced by the operator shall be eliminated or reduced to the minimum possible , taking into account ergonomic principles such as:


### avoiding a machine-determined work rate; ### avoiding a machine-determined work rate by allowing its adaptivity;


### adapting the human-machinery product interface to the foreseeable characteristics of the operators , including with respect to a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy; ### (a) adapting the human-machinery product interface , as well as the security systems and the emergency stop systems , to the foreseeable characteristics of the operators , including with respect to a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate based on machine learning technologies , potentially with varying levels of autonomy;


### adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures , facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner. ### adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate based on machine learning technologies , potentially with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures , facial expressions or body movement)


### the machinery product shall be designed and constructed so that the connection to it of another device , via any feature of the connected device itself or via any remote device that communicates with the machinery product does not lead to a hazardous situation. ### the machinery product shall be designed and constructed so that the connection to it of another device , via any feature of the connected device itself or via any remote device that communicates with the machinery product does not lead to other unintended and potentially hazardous functions.


### they can withstand , where appropriate to the circumstances and the risks , the intended operating stresses and intended and unintended external influences , including malicious attempts from third parties to create a hazardous situation; ### they can withstand , where appropriate to the circumstances and the risks , the intended operating stresses and intended and unintended external influences , including malicious attempts from third parties to create other unintended (and potentially hazardous) functions


### the safety functions cannot be changed beyond the limits defined by the manufacturer in the machinery product risk assessment. the establishment of the limits of the safety functions shall be part of the risk assessment performed by the manufacturer , including any modifications to the settings or rules generated by the machinery product or by operators , covering also the learning phase , which cannot go beyond the limits addressed in the risk assessment; ### the safety functions cannot be changed beyond the limits defined by the manufacturer in the machinery product risk assessment. the establishment of the limits of the safety functions shall be part of the risk assessment performed by the manufacturer , including any modifications to the settings or rules generated by the machinery product or by operators , covering also its development based on machine learning , which cannot go beyond the limits addressed in the risk assessment;


### recording of data on the safety related decision-making process after the machinery product has been placed on the market or put into service , is enabled and that such data is retained for one year after its collection , exclusively to demonstrate the conformity of the machinery product with this annex further to a reasoned request from a competent national authority. ### recording of data on the safety related machine-learning process after the machinery product has been placed on the market or put into service , is enabled and that such data is retained for one year after its collection , exclusively to demonstrate the conformity of the machinery product with this annex further to a reasoned request from a competent national authority.


### modifications to the settings or rules , generated by the machinery product or by operators covering also the learning phase , shall be prevented , where such modifications may lead to hazardous situations; ### modifications to the settings or rules , generated by the machinery product or by operators covering also the process of machine learning , shall be prevented , where such modifications may lead to hazardous situations;


### the prevention of risks of contact leading to hazard situations and the psychological stress that may be caused by the interaction with the machine shall be adapted to: ### the prevention of risks of contact leading to hazard situations and the cognitive workload that may be caused by the interaction with the machine shall be adapted to:


### the instructions may be provided in a digital format. however , upon purchaser’s request at the time of the purchase of the machinery product , the instructions shall be provided in paper format free of charge. ### the instructions may be provided in a digital format. however , upon purchaser’s request the instructions shall be provided in paper format free of charge , for up to five years after the time of the purchase.


### h. whereas the concept of transnationality remains a difficult concept for ewc practitioners to interpret in concrete cases16 ; ### h. whereas the concept of transnationality remains a mainly abstract , imprecise and not effective concept for ewc practitioners to interpret in concrete cases16 ;


### 1. notes that participation rights play a crucial role in a functioning of the social market economy; stresses that ewcs enhance democracy at the workplace; ### 1. notes that participation rights play a crucial role in a functioning of the social market economy and that information and consultation rights are particularly important instruments in that regard; stresses that democracy does not stop at the workplace and that ewcs therefore enhance democracy at the workplace and civic democracy;


### 2. acknowledges that directive 2009/38/ec has led to improvements regarding the establishment and functioning of ewcs; regrets , however , that ewcs still face major difficulties to enforce their rights , especially on timely information and consultation; ### 2. acknowledges that directive 2009/38/ec has led to improvements regarding the establishment and functioning of ewcs; regrets , however , that ewcs still face major difficulties to enforce their rights , especially on prior information and consultation about planned transnational measures that could impact the workforce in europe;


### 4. regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; ### 4. stresses that information and consultation obligations are in the majority of cases carried out too late , not comprehensively or not at all by employers. as a consequence , any employees representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand;


### 5. notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines that the right of ewcs to have an annual meeting with the central management is insufficient and should be increased provide for biannual meetings in order to improve the practical functioning and running of ewcs; ### 5. notes that requests to set up an ewc are often ignored , that the three-year negotiation period is very often not used effectively , and that certain milestones are therefore needed to ensure the conduct of genuine and regular negotiations during that time period;


### 6. highlights that the member state implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in directive 2016/943; stresses in this context that further efforts by member state are needed in order to specify and clarify the conditions under which the central management is not required to pass on information which could be harmful; ### 6. highlights that the member state implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in directive 2016/943; stresses in this context that further efforts by member state are needed in order to find a balance between specifying and clarifying the conditions under which the central management is not required to pass on sensitive information and risking to circumvent , block and paralyse any cooperation with the ewc by withholding relevant information;


### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec; calls in this regard for reinforced procedures and other measures to ensure proper , effective and timely compliance , including the temporary suspension of the implementation of management decisions; ### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec; calls in this regard for reinforced procedures and other measures to ensure proper , effective and timely compliance; calls for the establishment of a right to request a preliminary injunction in national courts to prevent the management from implementing a measure before the prior information and consultation procedure as required by the provisions of this directive has been completed;


### 11. calls on member states to ensure access to justice for ewcs and for the specification of the legal status of ewcs and special negotiating bodies as legal actors; ### 11. calls on the commission and member states to ensure access to justice for ewcs and to ensure that ewcs and special negotiating bodies have legal personality and the resources needed to secure compliance with their collective rights under this directive;


### “4. matters shall be considered to be transnational where they concern , directly or indirectly , the community-scale undertaking or community-scale group of undertakings as a whole , or at least two undertakings or establishments of the undertaking or group situated in two different member states.”; ### “4. matters shall be considered to be transnational where they concern the community-scale undertaking or community-scale group of undertakings as a whole , or directly or indirectly , at least two undertakings or establishments of the undertaking or group situated in two different member states.”;


### “7a. in order to determine the transnational character of a matter , the scope of its possible effects must be taken into account. this includes matters which , irrespective of the number of member states involved , are of concern to european workers in terms of the scope of their potential impact , as well as matters which involve the transfer of activities between member states.”; ### “7a. in order to determine the transnational character of a matter , it must be taken into account not only the level of management and representation that it involves , but also the scope of its possible effects , whether they are direct or indirect. this includes matters which , irrespective of the number of member states involved , are of concern to european workers in terms of the scope of their potential impact , as well as matters which involve the transfer of activities between member states.”;


### “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management , at such time , in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related , without prejudice to the responsibilities of the management , and within a reasonable time , which is to be taken into account within the community-scale undertaking or community-scale group of undertakings;”; ### “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management , at such time , in such fashion and with such content as enables employees’ representatives to express an opinion on the basis of the information provided about the proposed measures to which the consultation is related. without prejudice to the responsibilities of the management , employees' representatives shall have the right to obtain , in due time , a reasoned response to that opinion , which shall be taken into account within the community-scale undertaking or community-scale group of undertakings prior to the adoption of the decision;”;


### “— where , after one year from the date of this request , they are unable to conclude an agreement as laid down in article 6 and the special negotiating body has not taken the decision provided for in article 5(5).”; ### “— where the special negotiating body is not convened on a regular basis , and at least every three months.”;


### “1. member states shall ensure that members of special negotiating bodies or of european works councils and any experts who assist them are obliged not to reveal any trade secrets , as defined in article 1(1) of directive (eu) 2016/943 of the european parliament and of the council1a which have expressly been provided to them in confidence. ### “1. member states shall ensure that members of special negotiating bodies or of european works councils and any experts who assist them are obliged not to reveal any trade secrets , as defined in articles 1(1) and 2 of directive (eu) 2016/943 of the european parliament and of the council1a which have expressly been provided to them in confidence.


### this paragraph shall not apply to members of the european works council who pass on information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality. ### this paragraph shall not apply to the communication between the european works council and the employees’ representatives and the competent recognized trade union organisations at national level.


### (5) in article 9 , the following paragraph is added: ### (5) in article 9 , the following paragraphs are added:


### “if there is a dispute between the central management and the european works council or the employees' representatives as to whether an information and consultation procedure is to be carried out , the central management shall provide reasons why the information and consultation requirements under this directive or under agreements concluded pursuant thereto do not apply , in particular because of the absence of transnational issues.”; ### “the central management shall initiate the information and consultation procedure in such a manner that ensures that the european works council can coordinate its opinion with employees’ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level.”;


### member states shall establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto.”; ### member states shall establish effective judicial procedures , including the possibility to issue an interim injunction , to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive


### “the central management shall bear the direct costs incurred in carrying out the procedures , including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative.”; ### “all judicial costs including legal expenses , legal proceeding , court fees and procedural costs shall be covered by the central management. subsidiary costs , such as paid-time off , travel or gathering of evidence , shall also be borne by the central management , from the start of the procedure and payable in advance.”;


### “article 11a ### “article 11b


### orders excluding the undertaking from an entitlement to some or all public benefits , aids or subsidies , including eu funds managed by the relevant member states , for a period of up to three years; ### orders excluding the undertaking from an entitlement to some or all public benefits , aids or subsidies , including eu funds managed by the relevant member states , for a period of up to five years;


### orders excluding the undertaking from procurement within the meaning of directive 2014/24/eu of the european parliament and of the council1a , for a period of up to three years. ### orders excluding the undertaking from procurement within the meaning of directive 2014/24/eu of the european parliament and of the council1a , for a period of up to five years.


### 3. the financial penalties referred to in paragraph 2 , point (a) , shall amount to a maximum of at least eur 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding business year , whichever is higher. ### 3. the financial penalties referred to in paragraph 2 , point (a) , shall amount to at least 2 % of the undertaking’s total annual worldwide turnover in the preceding business year and shall not exceed 4 % of that same total turnover. in fixing the amount of the financial penalty , regard shall be had both to the gravity and intentionality of the infringement.


### point (b) is replaced by the following3 : ### deleted


### “(b) an agreement concluded pursuant to article 6 of directive 94/45/ec is concluded between 5 june 2009 and 5 june 2011 or such an agreement has been adjusted due to changes in the structure of the undertakings or groups of undertakings;”; ### deleted


### the following subparagraph is inserted after the first subparagraph: ### deleted


### “points (a) and (b) of the first subparagraph shall apply only in so far as the obligations arising from this directive have already been fully complied with.”; ### deleted


### the following subparagraph is added: ### deleted


### “member states shall ensure that appropriate administrative or judicial procedures are in place to verify that the obligations arising from this directive are fully taken into account in accordance with paragraph 1 of this article. in all other respects , article 11(3) shall apply mutatis mutandis.”; ### deleted


### “the european works council shall have the right to meet with the central management twice a year , to be informed and consulted , on the basis of a report drawn up by the central management , on the progress of the business of the community-scale undertaking or community-scale group of undertakings and its prospects. the local managements shall be informed accordingly.” ### “the european works council shall have the right to meet with the central management at least twice a year , to be informed and consulted , on the basis of a report drawn up by the central management , on the progress of the business of the community-scale undertaking or community-scale group of undertakings and its prospects. the local managements shall be informed accordingly.”


### a. whereas the covid-19 pandemic is placing a heavy burden on people in the eu , particularly those from more vulnerable groups , such as women , people with disabilities , children , young people and the elderly , in their everyday lives , working lives and livelihoods23; ### a. whereas the covid-19 pandemic is placing a heavy burden on workers and people , particularly those from more vulnerable groups , such as precarious workers , women , people with disabilities , children , young people and the elderly , in every dimension of their lives and with regard to their livelihoods23;


### b. whereas the rrf created an unprecedented structure adapted to addressing the complex effects of the covid-19 pandemic on economy , society and institutions; ### b. whereas the establishment of the rrf set limits to its use , whether owing to an insufficient figure or to the frontloading of funds or because it is being mobilised in the form of loans , causing further indebtedness , or because of the associated conditionalities , which prevent it from being an effective support for the response needed to address the complex effects of the covid-19 pandemic on economy , society and institutions;


### 1. highlights that the covid-19 crisis has already left many people jobless or in precarious employment; calls on the commission and member states to fight against youth unemployment and to ensure that young people , especially those not in employment , education or training (neets) , receive adequate , paid and quality first working experience; ### 1. highlights that the covid-19 pandemic has already left thousands of workers jobless or in precarious employment and that many have seen their wages cut , their hours deregulated and their rights undermined; points out that covid-19 is often used as an excuse to further exploit workers; calls on the commission and member states to fight for the promotion of full employment and work with rights , and against unemployment , including for young people , and against the risk of poverty and social exclusion and to ensure that young people not in employment , education or training (neets) , receive adequate , properly paid and quality first working experience;


### 1. recalls the strong need for culture and education , as the backbone of our democracy , society and economy , to receive support from the recovery and resilience facility (rrf) , also with regard to the green and digital transitions; ### 1. recalls the strong need for culture and education , as the backbone of our democracy , society and economy , to receive support from the recovery and resilience facility (rrf) , also with regard to social and working conditions as well as to the green and digital transitions; regrets that this need was not adequately considered in the regulation of 12 february 2021 establishing the rrf;


### a. whereas 96.5 million people are currently at risk of poverty and social exclusion in the eu , representing 21.9 % of the population4 ; whereas a world bank report estimated that an additional 68 to 135 million people could be pushed into poverty by 2030 as a result of climate change5 ; ### a. whereas 96.5 million people are currently at risk of poverty and social exclusion in the eu , representing 21.9 % of the population4 ;


### c. whereas around 35 % of the working age eu population at risk of poverty is not covered by minimum income or any other social benefits; whereas no member state has in place a benefit system that is sufficient to guarantee every person a decent standard of living , despite the eu being one of the world’s richest regions; ### c. whereas today all eu member states have some sort of minimum income schemes (mis) , around 35 % of the working age eu population at risk of poverty is not covered by minimum income or any other social benefits; whereas according to eu silc data , the net income of minimum income schemes recipients is below the poverty threshold in all eu member states except for ireland and the netherland where it is at least close to the poverty threshold 6a


### d. whereas climate change has been hitting the poorest the hardest , since extreme weather has caused inflation in various sectors , such as energy , food items (‘heatflation’) , clothes and electronics , and damage to housing due to flooding , as well as having an impact on health; whereas we are still recovering from the covid-19 pandemic and mitigating the rise in the cost of living due to high inflation exacerbated by the invasion of ukraine7 ; ### d. whereas climate change has been hitting the poorest the hardest , since extreme weather has caused inflation in various sectors , such as energy , food items (‘heatflation’) , clothes and electronics , and damage to housing due to flooding , as well as having an impact on health; whereas a world bank report estimated that an additional 68 to 135 million people could be pushed into poverty by 2030 because of climate change 7a; whereas we are still recovering from the covid-19 pandemic and mitigating the rise in the cost of living due to high inflation exacerbated by the invasion of ukraine7 ;


### d. whereas climate change has been hitting the poorest the hardest , since extreme weather has caused inflation in various sectors , such as energy , food items (‘heatflation’) , clothes and electronics , and damage to housing due to flooding , as well as having an impact on health; whereas we are still recovering from the covid-19 pandemic and mitigating the rise in the cost of living due to high inflation exacerbated by the invasion of ukraine7 ; ### d. whereas climate change has been hitting the poorest the hardest , since extreme weather has caused inflation in various sectors , such as energy , food items (‘heatflation’) , clothes and electronics , and damage to housing due to flooding , as well as having an impact on health; whereas this situation is still due to the impact of covid-19 on the supply chain , but it is also due to the speculation in the food , commodities and energy markets , and to the war in ukraine and the impact of the sanctions7 ;


### h. whereas the soft law approach and policy coordination mechanisms used in the last 20 years have failed to reduce monetary poverty , in-work poverty and income inequalities in an effective and sustainable manner; ### h. whereas the soft law approach and policy coordination mechanisms used in the last 20 years , such as the country-specific recommendations , as well as the fiscal compact and the stability growth pact have deepened monetary poverty , in-work poverty and income inequalities; whereas the referred law , but also other eu policies of the eu , have imposed highly restrictive budgetary policies on member states , forcing substantial cuts to spending in fundamental areas such as education , health , justice , culture and social support and services and promoting significant reductions in spending on staff , with cuts to the jobs , wages and rights of public sector workers , fostering the degradation and limitation of the public services; whereas such policies have hampered and prevented the implementation of investment and development policies serving the needs of the peoples and the member states; whereas such political options have led to a sharp rise in poverty and social exclusion;


### h. whereas the soft law approach and policy coordination mechanisms used in the last 20 years have failed to reduce monetary poverty , in-work poverty and income inequalities in an effective and sustainable manner; ### h. whereas the soft law approach and policy coordination mechanisms used in the last 30 years 8a have failed to reduce monetary poverty , in-work poverty and income inequalities in an effective and sustainable manner;


### 2. acknowledges that the social protection committee and existing soft law mechanisms such as the country-specific recommendations and social scoreboard established under the european semester have not been enough to encourage member states to set their mis above the arop line; reiterates its call for all member states to set their mis above 60 % of the national median income before social benefits , together with other indicators such as reference budgets to cover the expenses needed to live a decent life; ### 2. acknowledges that the social protection committee; reiterates its call for all member states to set their mis above 60 % of the national median income before social benefits , together with other indicators such as reference budgets to cover the expenses needed to live a decent life;


### 3. calls on the commission to propose an eu directive on adequate minimum income in order to legally oblige all member states to ensure that mis are protecting people in need from falling into poverty or social exclusion; considers that such a directive must not only ensure adequate protection , but must also include common definitions at eu level for adequate , accessible and enabling mis that acknowledge the differences in national security systems and respect the principle of subsidiarity , while achieving a level playing field; calls for such an instrument to contain a non-regression clause that applies to the level of benefits across member states to guarantee upward social convergence; ### 3. calls on the commission to propose an eu directive on adequate minimum income in order to legally oblige all member states to ensure that mis are protecting people in need from falling into poverty or social exclusion; calls on the european commission to acknowledge that there is a legal basis for a eu directive on adequate minimum income in the treaties and that neither art. 153 (2)(a) nor art. 153 (4) tfeu prevent such directive as long no harmonisation is pursued and as long the “the fundamental principles” of the member states’ social security systems are not affected; calls for such a directive guaranteeing a level of subsistence that cannot be cut by measures of punitive conditionalities and considers that such a directive must not only ensure adequate protection , but must also include common definitions at eu level for available , affordable , adequate , accessible and enabling mis that acknowledge the differences in national social security systems and respect the principle of subsidiarity; calls for such an instrument to contain a non-regression clause that applies to the level of benefits across member states to guarantee upward social convergence; calls for such a legally binding directive on adequate minimum income due to a non-discriminatory access as individual right;


### 3. calls on the commission to propose an eu directive on adequate minimum income in order to legally oblige all member states to ensure that mis are protecting people in need from falling into poverty or social exclusion; considers that such a directive must not only ensure adequate protection , but must also include common definitions at eu level for adequate , accessible and enabling mis that acknowledge the differences in national security systems and respect the principle of subsidiarity , while achieving a level playing field; calls for such an instrument to contain a non-regression clause that applies to the level of benefits across member states to guarantee upward social convergence; ### 3. calls on the commission to propose an eu framework directive on adequate minimum income set at above 60% of national median equivalised disposable income , taking due account of each country’s specific characteristics , in order to ensure that in all member states the mis are protecting people in need from falling into poverty or social exclusion; considers that such a directive must not only ensure adequate protection , but must also include common definitions at eu level for adequate , accessible and enabling mis that acknowledge the differences in national security systems and respect the principle of subsidiarity , while achieving a level playing field; calls for such an instrument to contain a non-regression clause that applies to the level of benefits across member states to guarantee upward social convergence;


### 3. calls on the commission to propose an eu directive on adequate minimum income in order to legally oblige all member states to ensure that mis are protecting people in need from falling into poverty or social exclusion; considers that such a directive must not only ensure adequate protection , but must also include common definitions at eu level for adequate , accessible and enabling mis that acknowledge the differences in national security systems and respect the principle of subsidiarity , while achieving a level playing field; calls for such an instrument to contain a non-regression clause that applies to the level of benefits across member states to guarantee upward social convergence; ### 3. calls on the commission to propose an eu directive on adequate minimum income in order to legally oblige all member states to ensure that mis are protecting people in need from falling into poverty or social exclusion; considers that such a directive must not only ensure adequate protection which cannot be below the poverty line , but must also include common definitions at eu level for adequate , accessible and enabling mis that acknowledge the differences in national security systems and respect the principle of subsidiarity , while achieving a level playing field; calls for such an instrument to contain a non-regression clause and a non-discrimination clause that applies to the level of benefits across member states to guarantee upward social convergence;


### 4. insists that for mis to be adequate , they must be evaluated , updated and compared to the cost of living; calls on the member states to set up an automatic adjustment mechanism to ensure that the level of the allocation is adjusted based on changes in median income and the cost of living; stresses that minimum income should not be seen as spending but rather as investment , as it is an effective economic stimulus package that is used to reverse immediate needs and under which expenditure re-enters the economy; ### 4. insists that for mis to be adequate , they must be regularly evaluated , updated and compared to the cost of living in real prices; calls on the member states to set up an automatic adjustment mechanism to ensure that the level of the allocation is adjusted based on changes in median income and the cost of living in real prices and the development of the overall purchasing power;


### 6. considers that access to a minimum income must be comprehensive and non-discriminatory and must be provided for everyone who needs it for as long as they need it , without unnecessary administrative barriers , including cash income support schemes topped up with in-kind benefits related , in particular , to nutrition , childcare , education , health , housing , long-term care , transport and access to sports or socio-cultural activities; stresses that they must take into account the specific needs of individuals and intersecting inequalities , such as disability-related expenses; ### 6. considers that access to a minimum income must be comprehensive and non-discriminatory and must be provided for everyone who needs it for as long as they need it , without unnecessary administrative barriers , including cash income support schemes topped up with in-kind benefits related , in particular , to nutrition , childcare , education , health , housing , long-term care , transport , communication and access to sports or socio-cultural activities; there must not be an eligibility age threshold for young people , especially over 18years old , as young people who lack the necessary qualification and training usually are especially vulnerable for poverty and often particularly struggle to break the cycle of poverty; stresses that they must take into account the specific needs of individuals and intersecting inequalities , such as expenses related to disabilities or single parents;


### 6. considers that access to a minimum income must be comprehensive and non-discriminatory and must be provided for everyone who needs it for as long as they need it , without unnecessary administrative barriers , including cash income support schemes topped up with in-kind benefits related , in particular , to nutrition , childcare , education , health , housing , long-term care , transport and access to sports or socio-cultural activities; stresses that they must take into account the specific needs of individuals and intersecting inequalities , such as disability-related expenses; ### 6. considers that access to a minimum income must be comprehensive and non-discriminatory and must be automatically provided for everyone who needs it for as long as they need it , without beneficiaries having to request it , including cash income support schemes topped up with in-kind benefits related , in particular , to nutrition , childcare , education , health , housing , long-term care , transport and access to sports or socio-cultural activities; stresses that they must take into account the specific needs of individuals and intersecting inequalities , such as disability-related expenses;


### 7. calls on member states to provide human support to applicants and remove unnecessary administrative barriers , as they are the main cause of the non-take-up problem , together with stigmatisation and a lack of awareness of the types of entitlement or the criteria for beneficiaries; is worried about the digital divide among age groups and the potential struggles that this can result in , especially for the elderly and people who are homeless; ### 7. calls on member states to provide human support to applicants and remove unnecessary administrative barriers , as lack of information , accessibility and support are the main cause of the non-take-up problem , together with stigmatisation and a lack of awareness of the types of entitlement or the criteria for beneficiaries; is worried about the digital divide among age , gender , education or income and their potential issues , especially for the elderly , migrants and people who are homeless;


### 7. calls on member states to provide human support to applicants and remove unnecessary administrative barriers , as they are the main cause of the non-take-up problem , together with stigmatisation and a lack of awareness of the types of entitlement or the criteria for beneficiaries; is worried about the digital divide among age groups and the potential struggles that this can result in , especially for the elderly and people who are homeless; ### 7. calls on member states to provide automatically access to minimum income and provide human support to applicants , as complexity and lack of information are the main cause of the non-take-up problem , together with stigmatisation and a lack of awareness of the types of entitlement or the criteria for beneficiaries; is worried about the digital divide among age groups and the potential struggles that this can result in , especially for the elderly and people who are homeless;


### 8. stresses that the digital divide needs to be considered when initiating the process of providing information on eligibility and granting benefits; insists that assistance provided mainly through online tools will not overcome structural barriers such as the lack of access to hardware or an internet connection; calls for member states to design simplified administrative procedures to ensure equal opportunities and the better integration of services through a person acting as ‘case manager’; ### 8. stresses that the digital divide needs to be considered when designing online-tools , when initiating the process of providing information on eligibility and granting benefits; insists that assistance provided mainly through online tools will not overcome structural barriers such as the lack of access to hardware or an internet connection or/ and a lack of digital skills; calls for member states to design simplified , accessible administrative procedures to ensure equal opportunities and the better integration of services through a person acting as ‘case manager’ , equal offline access to minimum income and one-stop-shops;