BETA

48 Amendments of Andor DELI related to 2018/0064(COD)

Amendment 25 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authoritgency (text with relevance for the EEA and for Switzerland)
2018/09/13
Committee: TRAN
Amendment 36 #
Proposal for a regulation
Recital 5
(5) A European Labour Authoritgency (the ‘Authority’gency) should be established in order to help strengpromote then fairness and trust ree movement of workers and services within the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
2018/09/13
Committee: TRAN
Amendment 48 #
Proposal for a regulation
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third- country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
2018/09/13
Committee: TRAN
Amendment 57 #
Proposal for a regulation
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members as provided by relevant EU legal acts regulating their movement within the EU.
2018/09/13
Committee: TRAN
Amendment 64 #
Proposal for a regulation
Recital 13
(13) In view of the fair, simple and effectiveproper application of Union law, the AuthoritAgency should support cooperation and timely exchange of information between Member States, as provided by other relevant Union acts. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
2018/09/13
Committee: TRAN
Amendment 68 #
Proposal for a regulation
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authoritgency should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authoritgency's suggestion. The Authorit and always upon the agreement of the Member State concerned. The Agency should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.
2018/09/13
Committee: TRAN
Amendment 78 #
Proposal for a regulation
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. _________________ 60Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45Individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations.
2018/09/13
Committee: TRAN
Amendment 87 #
Proposal for a regulation
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations.deleted
2018/09/13
Committee: TRAN
Amendment 88 #
Proposal for a regulation
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and (EU) 2016/589 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
2018/09/13
Committee: TRAN
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authoritgency (‘the Authority’gency).
2018/09/13
Committee: TRAN
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 2
2. The Authoritgency shall assist Member States and the Commission in matters relating to cross-border labour mobility, in particular in the proper application of the Union legislation on the free movement of workers and the free provision of services and the coordination of social security systems within the Union.
2018/09/13
Committee: TRAN
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contributepromote freedom of movement of workers and services, and to ensuring faire that labour mobility in the internal market. To this end, the Authorit fully respects relevant Union legislation. It shall also contribute to tackling the complex problem of undeclared work, while fully respecting national competences and procedures.. To this end, the Agency shall:
2018/09/13
Committee: TRAN
Amendment 127 #
Proposal for a regulation
Chapter 2 – title
Tasks of the Authoritgency
2018/09/13
Committee: TRAN
Amendment 128 #
Proposal for a regulation
Article 5 – title
Tasks of the Authoritgency
2018/09/13
Committee: TRAN
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;deleted
2018/09/13
Committee: TRAN
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross-border labour market disruptionscontribute to effective Union and national actions aiming to improve working conditions, including better enforcement of Union and national law, with the objective to reduce undeclared work, thus avoiding the deterioration of the quality of work and of health and safety at work, in accordance with Article 14a.
2018/09/13
Committee: TRAN
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(ga) cooperate with the Administrative Commission on coordination of social security in the issues within its responsibility. To this end ELA may request the issue that it raised to be debated and decided by the Administrative Commission.
2018/09/13
Committee: TRAN
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(gb) carry out all work, studies or assignments on matters referred to it by the Administrative Commission.
2018/09/13
Committee: TRAN
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individualworkers and employers in cross-border labour mobility situations in all official EU languages by means of comprehensive reference to the national sources of relevant information of all Member States;
2018/09/13
Committee: TRAN
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) provide workers and employers with relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers. The information shall be provided in all official languages of the EU through the ELA web portal with references to all national web portals which contain relevant information;
2018/09/13
Committee: TRAN
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The Authoritgency shall provide free of charge services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authoritgency shall:
2018/09/13
Committee: TRAN
Amendment 179 #
(d) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare.deleted
2018/09/13
Committee: TRAN
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/09/13
Committee: TRAN
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.deleted
2018/09/13
Committee: TRAN
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 2
2. The Authority shall support the work of the Administrative Commission for the Coordination of Social Security Systems with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.deleted
2018/09/13
Committee: TRAN
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 3
3. The Authoritgency shall promote the use of electronic tools and procedures for message exchange between national authoritiMember States, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
2018/09/13
Committee: TRAN
Amendment 209 #
Proposal for a regulation
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shallgency shall, upon the agreement of the Member States concerned, coordinate concerted or joint inspections in the areas under the scope of the Authority’gency's competences. The request may be submitted by one or For the purpose of this Regulation “concerted or joint inspection” means inspections performed in the territory of a Member State by its inspection authorities with the participation of the inspection personnel in a capacity of observeral Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. s of one or more other Member States or the Agency. Concerted or joint on-site inspections can be performed only at workplaces within the remit of the domestic labour inspection services. For the purpose of this Regulation, the “inspection” means inquiry on proper application by the employers, settled in the territory of the European Union, of the Union law on free movement of workers and the cross border provision of services, on intra EU mobility of legally employed third country nationals and on coordination of social security systems
2018/09/13
Committee: TRAN
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 1
1. An agreement for setting up aeach joint inspection ('the joint inspection agreement') or concerted inspection (“the concerted inspection agreement”) between the participating Member States and the Authoritgency shall set out the conditions for carrying out such an exercise. The joint, such as: place and time of the inspection, detailed purpose of the inspection, number and identification of inspectors and of the staff of the Agency, when allowed to participate in the inspection, and expected follow-up of the inspection. The joint inspection agreement and concerted inspection agreement may include provisions which enable joint and concerted inspections, once agreed and planned, to take place at short notice. The Authoritgency shall establish a model agreement.
2018/09/13
Committee: TRAN
Amendment 228 #
Proposal for a regulation
Article 10 – paragraph 4
4. SWhere relevant and justified, the staff of the Authoritgency may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. The staff can only participate in inspection as observer and logistic support. To prepare reports on the inspection remains the sole competence of the authorities of the Member States.
2018/09/13
Committee: TRAN
Amendment 232 #
5. National authoritiMember States carrying out a concerted or joint inspection shall report back to the Authoritgency on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.
2018/09/13
Committee: TRAN
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 7
7. In the event that the Authoritgency, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyondwithin the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate. It can report suspected irregularities to the Commission only with the assessment and opinion provided by the Member State concerned.
2018/09/13
Committee: TRAN
Amendment 243 #
Proposal for a regulation
Article 11 – paragraph 1
1. The Authoritgency shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shallgency shall use statistical data available from existing surveys, ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authoritgency may carry out focused in-depth analyses and studies based on data available to investigate specific labour mobility issues.
2018/09/13
Committee: TRAN
Amendment 245 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. The Authoritgency shall organise peer reviews amongst national authorities and services of Member States which agreed to participate in the review, in order to:
2018/09/13
Committee: TRAN
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) develop non-binding common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
2018/09/13
Committee: TRAN
Amendment 256 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) promote and support mutual assistance, either in the form of peer-to- peer or group activities, as well as staff exchanges and secondment schemes between national authoritiMember States;
2018/09/13
Committee: TRAN
Amendment 258 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authoritiMember States;
2018/09/13
Committee: TRAN
Amendment 261 #
Proposal for a regulation
Article 13
Mediation between Member States 1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. 2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. 3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure. 4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority. 5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up. 6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.Article 13 deleted
2018/09/13
Committee: TRAN
Amendment 275 #
Proposal for a regulation
Article 14 – paragraph 1
At the request of the national authorities, the AuthoritMember States concerned, the Agency may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
2018/09/13
Committee: TRAN
Amendment 276 #
Proposal for a regulation
Article 14 a (new)
Article 14 a The Agency shall encourage cooperation between Member States aimed at improving working conditions, promoting integration in the labour market and social inclusion, including better enforcement of law within those fields, and reducing undeclared work by: (a) enhancing cooperation between Member States and other actors involved in order to tackle more efficiently and effectively undeclared work in its various forms and falsely declared work associated with it, including bogus self- employment; (b) improving the capacity of Member States and other actors to tackle undeclared work with regard to its cross- border aspects, and in this way contributing to a level playing field; (c) increasing public awareness of issues relating to undeclared work and of the urgent need for appropriate action as well as encouraging Member States to step up their efforts to (i) exchanging best practices and information; (ii) developing expertise and analysis; (iii) encouraging and facilitating innovative approaches to effective and efficient cross-border cooperation and evaluating experiences; (iv) contributing to a horizontal understanding of matters relating to undeclared work.
2018/09/13
Committee: TRAN
Amendment 278 #
Proposal for a regulation
Article 15 – paragraph 1
The Authoritgency shall establish cooperation arrangements with other decentralised Union agencies where appropriate.
2018/09/13
Committee: TRAN
Amendment 282 #
Proposal for a regulation
Chapter 3 – title
Organisation of the Authoritgency
2018/09/13
Committee: TRAN
Amendment 284 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
The Authoritgency may set up working groups or expert panels with representatives from all Member States that wish to participate and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
2018/09/13
Committee: TRAN
Amendment 292 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairperson shall be elected by a simple majority of the members of the Management Board with voting rights.deleted
2018/09/13
Committee: TRAN
Amendment 293 #
Proposal for a regulation
Article 22 – paragraph 1
1. Without prejudice to point (b) of Article 19(1) and to Article 32(8), tThe Management Board shall take decisions by the majority of two-thirds of members with voting rights.
2018/09/13
Committee: TRAN
Amendment 294 #
Proposal for a regulation
Article 23 – paragraph 5
5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.deleted
2018/09/13
Committee: TRAN
Amendment 298 #
Proposal for a regulation
Article 33 – paragraph 2
2. National Liaison Officers shall contribute to executing the tasks of the Authority, in particular by facilitating the cooperation and exchange of information set out in Article 8(1) andAgency by acting as contact points of the Authoritgency for questions from their Member States and relating to their Member States, either by answering those questions directly or by liaising with their national administrations.
2018/09/13
Committee: TRAN
Amendment 300 #
Proposal for a regulation
Article 46
Regulation (EC) 883/2004
Article 1, 72, 73, 74, 76(6)
[...]deleted
2018/09/13
Committee: TRAN
Amendment 303 #
Proposal for a regulation
Article 47
Regulation (EC) 987/2009
Article 1, 5, 6, 65, 67, 69
[...]deleted
2018/09/13
Committee: TRAN