48 Amendments of Andor DELI related to 2018/0064(COD)
Amendment 25 #
Proposal for a regulation
Title 1
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)
Amendment 36 #
Proposal for a regulation
Recital 5
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.
Amendment 48 #
Proposal for a regulation
Recital 6
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.
Amendment 57 #
Proposal for a regulation
Recital 9
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.
Amendment 64 #
Proposal for a regulation
Recital 13
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.
Amendment 68 #
Proposal for a regulation
Recital 14
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.
Amendment 78 #
Proposal for a regulation
Recital 17
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.
Amendment 87 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 88 #
Proposal for a regulation
Recital 34
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.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authoritgency (‘the Authority’gency).
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 2
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.
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
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:
Amendment 127 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Tasks of the Authoritgency
Amendment 128 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Tasks of the Authoritgency
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
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.
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
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.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
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.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
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;
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
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;
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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:
Amendment 179 #
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 209 #
Proposal for a regulation
Article 9 – paragraph 1
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
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 1
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.
Amendment 228 #
Proposal for a regulation
Article 10 – paragraph 4
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.
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.
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 7
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.
Amendment 243 #
Proposal for a regulation
Article 11 – paragraph 1
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.
Amendment 245 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
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:
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
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;
Amendment 256 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
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;
Amendment 258 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
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;
Amendment 261 #
Proposal for a regulation
Article 13
Article 13
Amendment 275 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 276 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 278 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authoritgency shall establish cooperation arrangements with other decentralised Union agencies where appropriate.
Amendment 282 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Organisation of the Authoritgency
Amendment 284 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
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.
Amendment 292 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Amendment 293 #
Proposal for a regulation
Article 22 – paragraph 1
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.
Amendment 294 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 298 #
Proposal for a regulation
Article 33 – paragraph 2
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.
Amendment 300 #
Proposal for a regulation
Article 46
Article 46
Regulation (EC) 883/2004
Article 1, 72, 73, 74, 76(6)
Article 1, 72, 73, 74, 76(6)
Amendment 303 #
Proposal for a regulation
Article 47
Article 47
Regulation (EC) 987/2009
Article 1, 5, 6, 65, 67, 69
Article 1, 5, 6, 65, 67, 69