Activities of Dominique MARTIN related to 2014/0124(COD)
Plenary speeches (2)
Establishment of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (debate) FR
Establishment of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (A8-0172/2015 - Georgi Pirinski) FR
Amendments (46)
Amendment 73 #
Proposal for a decision
Title 1
Title 1
on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared or hidden work
Amendment 79 #
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication of 18 April 201224, the Commission highlighted the need for improved cooperation among Member States and announced the launch of consultations on setting up an EU-level platform between labour inspectorates and other enforcement authorities to combat undeclared and hidden work, aimed at improving cooperation, sharing best practices and identifying common principles for inspections. __________________ Communication from the Commission ‘Towards a job-rich recovery’, COM(2012) 173 final of 18 April 2012 :http://ec.europa.eu/social/main.jsp?langId =en&catId=101&newsId=1270&furtherNe ws=yes.
Amendment 80 #
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication of 18 April 201224, the Commission highlighted the need for improved cooperation among Member States and announced the launch of consultations on setting up an EU-level platform between labour inspectorates and other enforcement authorities to combat undeclared work, aimed at improving cooperation, sharing bestgood practices and identifying common principles for inspections. __________________ Communication from the Commission ‘Towards a job-rich recovery’, COM(2012) 173 final of 18 April 2012 :http://ec.europa.eu/social/main.jsp?la ngId =en&catId=101&newsId=1270&furth erNe ws=yes.
Amendment 83 #
Proposal for a decision
Recital 2
Recital 2
(2) In accordance with Article 148(4) of the Treaty, the Council by Decision 2010/707/EU25 adopted guidelines26 for the employment policies of the Member States. These integrated guidelines give orientations to the Member States on defining their national reform programmes and on implementing reforms. The employment guidelines form the basis for country-specific recommendations that the Council addresses to the Member States under that Article. In recent years, those recommendations have included country- specific recommendations on the fight against undeclared or hidden work. __________________ 25 Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (OJ L 308, 24.11.2010, p. 46) 26 The guidelines have been maintained for 2011, 2012 and 2013.
Amendment 90 #
Proposal for a decision
Recital 4
Recital 4
(4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to fight undeclared or hidden work27. __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20 13/2112(INI).
Amendment 95 #
Proposal for a decision
Recital 5
Recital 5
(5) At EuropeanU level, undeclared work is defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28, thus excluding a. All illegal activities should therefore be included. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:52007DC0628:EN:HTML
Amendment 96 #
Proposal for a decision
Recital 5
Recital 5
(5) At European level, undeclared or hidden work is defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28, thus excluding all illegal activities. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:52007DC0628:EN:HTML
Amendment 104 #
Proposal for a decision
Recital 6
Recital 6
Amendment 117 #
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) If genuine self-employed people or sole proprietors who are subject to the legal, fiscal and social obligations of their Member State are excluded from the scope of the Platform, it should include bogus self-employment which is falsely declared as such in order to avoid statutory obligations as well as tax and social security contributions.
Amendment 129 #
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions’ standards, safety at work, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare.
Amendment 130 #
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared or hidden work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions’ standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare.
Amendment 145 #
Proposal for a decision
Recital 8
Recital 8
(8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. Measures should also be taken to tackle effectively the exploitation of illegal immigrants working without legal status.
Amendment 146 #
Proposal for a decision
Recital 8
Recital 8
(8) A wide range of policy approaches and measures to tackle undeclared or hidden work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 147 #
Proposal for a decision
Recital 8
Recital 8
(8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared or hidden work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 159 #
Proposal for a decision
Recital 9
Recital 9
(9) EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States’ relevant authorities to address issues related to undeclared work, or any mechanism to prohibit the movement of illegal immigrants without legal status.
Amendment 160 #
Proposal for a decision
Recital 9
Recital 9
(9) EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States’ relevant authorities to address issues related to undeclared or hidden work.
Amendment 169 #
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively by exchanging good practices and information.
Amendment 172 #
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared or hidden work more efficiently and effectively.
Amendment 196 #
Proposal for a decision
Recital 12
Recital 12
(12) The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States and multilateral cooperation projects and create synergies between existing EU level instruments and structures to maximise the deterrent or preventive effect of these measures. The operational coordination of actions of the Member States could take the form of joint trainings, peer reviews and solutions for data sharing. European campaigns or common strategies could increase the awareness of undeclared or hidden work.
Amendment 208 #
Proposal for a decision
Recital 13
Recital 13
(13) Three different national enforcement authorities are mainly involved with undeclared or hidden work: labour inspectorates, social security inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities, the police, the public prosecutor’s office and the social partners are also involved.
Amendment 216 #
Proposal for a decision
Recital 14
Recital 14
(14) In order to address undeclared and hidden work comprehensively and successfully, a policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities which are leading and/or active in the prevention and/or deterrence of undeclared and hidden work.
Amendment 227 #
Proposal for a decision
Recital 15
Recital 15
(15) To achieve its objectives, the Platform should be supported by a ‘Single point of contact’ in each Member State who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared and hidden work.
Amendment 234 #
Proposal for a decision
Recital 16
Recital 16
(16) The Platform should involve the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared and hidden work, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO), and Union decentralised agencies, in particular Eurofound and the European Agency for Safety and Health at Work. The involvement of Eurofound and the European Agency for Safety and Health at Work in the work of the Platform as observers will not extend their existing mandates.
Amendment 238 #
Proposal for a decision
Recital 18
Recital 18
Amendment 242 #
Proposal for a decision
Recital 20
Recital 20
(20) The Platform will cooperate with the EU -level relevant expert groups and committees whose work has links with undeclared and hidden work.
Amendment 254 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1) A Platform to enhance EU cooperation in the prevention and deterrence of undeclared and hidden work, hereinafter referred to as ‘the Platform’, is hereby established.
Amendment 272 #
Proposal for a decision
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) representatives of the cross-industry social partners at Union level, as well as social partners in sectors with a high incidence of undeclared/hidden work,;
Amendment 296 #
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The Platform, as set out in Article 1 (1), shall contribute to better enforcement of EU and national law, to the reduction of undeclared and hidden work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 307 #
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) improving Member States’ different enforcement authorities’ technical capacity to tackle cross-border aspects of undeclared/hidden work,
Amendment 308 #
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) improving Member States’ different enforcement authorities’ technical capacity to tackle cross-border aspects of undeclared work as well as the exploitation of illegal immigrants working without legal status,
Amendment 310 #
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) increasing public awareness on the urgency of action and encouragsupporting Member States toin stepping up their efforts into dealing with undeclared work.
Amendment 313 #
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work and with the movement of illegal immigrants without legal status.
Amendment 335 #
Proposal for a decision
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Improve the knowledge of undeclared work and of work done by illegal immigrants without legal status by means of common concepts, measurement tools and promotion of joint comparative analysis and related relevant indicators,
Amendment 349 #
Proposal for a decision
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work and work done by illegal immigrants without legal status, including preventive and punitive as well as deterrence measures in general,
Amendment 356 #
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) Establish tools, for instance a knowledge bank of different practices/measures, including bilateral agreements used in the Member States to deter and prevent undeclared work and work done by illegal immigrants without legal status,
Amendment 365 #
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work and work done by illegal immigrants without legal status,
Amendment 372 #
Proposal for a decision
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work and work done by illegal immigrants without legal status by adopting a common framework for joint operations for inspections and exchange of staff,
Amendment 378 #
Proposal for a decision
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) Examine ways to improve data sharing in compliance with the Union data protection rules, including exploring possibilities to use of the Internal Market Information System (IMI) and the Electronic Exchange of Social Security Information (EESSI).
Amendment 386 #
Proposal for a decision
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) Organise peer reviews to follow Member States’ progress when fighting undeclared work and work done by illegal immigrants without legal status, including support for the implementation of country- specific recommendations related to fight or prevent undeclared work issued by the Council.
Amendment 387 #
Proposal for a decision
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) Organise peer reviews to follow Member States’ progress when fighting undeclared work, including support for the implementation of country-specific recommendations relatedissued by the Council to fight or prevent undeclared work issued by the Counciland work done by illegal immigrants without legal status.
Amendment 406 #
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) In appointing their representatives, Member States should involve all public authorities having a role in the prevention and/or deterrence of undeclared and hidden work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as "‘enforcement authorities"’. They may also, in accordance with national law and/or practice, involve the social partners.
Amendment 412 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall provide the Commission with the list and contact details of all enforcement authorities which are involved in the prevention and/or deterrence of undeclared and hidden work.
Amendment 415 #
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Single points of contact shall liaise with all enforcement authorities which are involved in the prevention and/or deterrence of undeclared and hidden work regarding the activities of the Platform and guarantee their participation at the meetings and/or contribution to the activities of the Platform or its working groups if issues discussed involve their field of competence.
Amendment 421 #
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Representatives of the social partners at cross-industry level, as well as from sectors with high incidence of undeclared/hidden work may attend meetings of the Platform as observers, according to the procedures determined by their organisations.
Amendment 431 #
Proposal for a decision
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) A maximum of 10 observers representing social partners in sectors with a high incidence of undeclared/hidden work (divided evenly between employers’ and workers’ organisations).
Amendment 457 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
The Platform shall work, as appropriate, in cooperation with other relevant Union level expert groups and committees, whose work has a link with undeclared/hidden work, in particular the Senior Labour Inspectors Committee (SLIC), the Expert Committee on Posting of Workers, the Administrative Commission for Social Security Coordination, the Employment Committee (EMCO), the Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Taxation. Joint meetings may also be organised.