45 Amendments of Brando BENIFEI related to 2016/0256(COD)
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Foundation for the improvement of living and working conditions (Eurofound) was established by Regulation (EEC) No 1365/753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development. The main aim of Eurofound must be to provide Union institutions, national governments and social partners with specialized and added-value information in its area of expertise. _________________ 3 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (OJ L 139, 30.5.1975, p.1).
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Agency should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 to the extent possible. This proposal therefore does not prejudge any further amendments to the Founding Regulation of Eurofound which the Commission may wish to propose following further evaluation, as provided for in this act or on its own initiative. The Commission will evaluate the objectives, mandate, governance and tasks of all EU Agencies acting in the field of labour market, working conditions, vocational education and training and skills.
Amendment 52 #
(5) As the three so-called tripartite agencies, -the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP)edefop)- address issues related to the labour market and working environment and vocational education and training and skills, even closer coordination among the three Agencies is required andso that the work of the Agencies complements each other where they have similar fields of interest, while boosting tools currently working such as, for instance, their existing Memorandum of Understanding, while ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commissinstitution’s’ in-house research capacities.
Amendment 55 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The tripartite nature of the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (Cedefop), is a high-worth expression of a comprehensive approach based on social dialogue between social partners with European and national authorities, extremely valuable in terms of finding joint and sustainable solutions in social and economics terms.
Amendment 56 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) There are already organisations at international, EU and national level providing analysis and knowledge on social, employment and work related policies (such as the Economic and Social Committees or the International Labour Organization). In order to obtain the maximum benefit, it is appropriate that Eurofound establish links with national bodies (tripartite where possible). It is also important that the Agency has very close functional links with the EU Committees on Employment (EMCO) and Social Protection (SPC), to ensure coordination and synergies, and that cooperates with the ILO, OECD and the European institutions’ in-house research capacities, in areas of common interest.
Amendment 59 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) the Agency must introduce in any procurement activities, including translations, environmental, labour and social criteria in order to guarantee high- quality standards;
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) analyse trends in living and working conditions and, labour market developments and social exclusion, including vulnerable groups as children, people with disabilities or ethnic minorities;
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Before commissioning an external organisation to undertake studies in the Agency’s areas of expertise, the Union institutions shall consult the Agency in order to check its availability and proceed with the allocation of resources for this purpose to the Agency.
Amendment 73 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies at national level but also in the international sphere, e.g. the International Labor Organization (ILO) or the Organisation for Economic Co-operation and Development (OECD), whether public or private, public authorities and workers’ and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies.
Amendment 77 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an Executive Director and a Deputy Director who shall exercise the responsibilities set out in Article 11. and 11 a respectively
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) one member representingative of the Government from each Member State;
Amendment 81 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) one member representingative of the employers’ organiszations from each Member State;
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point c
Article 4 – paragraph 1 – subparagraph 1 – point c
(c) one member representingative of the employees’ organiszations from each Member State;
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d
Article 4 – paragraph 1 – subparagraph 1 – point d
(d) three members representingatives of the Commission.
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) three independent experts appointed by the European Parliament;
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
All members referred to in points (a)-(da) shall have voting rights.
Amendment 94 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organiszations respectively. The Commission shall appoint the members who are to represent it. The European Parliament shall appoint the independent experts who are to represent it, after checking by its legal services that they have no conflict of interest.
Amendment 97 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. When appointing their respective representatives, the Council, the Commission and the Parliament shall ensure a balanced representation between men and women on the Management Board, so that no gender exceeds 60% of the representation in each of the four groups - governments, employers, employees and European Union institutions - represented on the Management Board.
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence, while respecting the gender balance rule laid down in paragraph 1a. The alternate shall be appointed following the procedure as provided for in the first paragraphparagraphs 1 and 1a.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of social and work-related policies, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Within the Management Board, the representatives of governments, employers’ organisations and employees’ organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberations within and between the groups. The coordinators of the employers’ and employees’ groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote. All parties shall aim to achieve a balanced representation between men and women when designating their coordinators.
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) appoint the Executive Director and the Deputy Director, ensuring a strict gender balanced representation between them, and where relevant extend the term of office or remove bothe Executive Director from office in accordance with Article 19;
Amendment 124 #
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
(n) take allextraordinary decisions on the establishment of the Agency’s internal structures and, where necessary, their modification, taking into consideration the Agency’s activity needs as well as having regard to sound budgetary mn these might have an important impact or might imply a relevant chanagement.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where exceptional circumstances so require, in accordance with the conditions laid down in the previous subparagraph when they concur, the Management Board may, by way of a decisiona majority of two-thirds of the members entitled to vote, exceptionally and temporarily, suspend the delegation of the appointing authority powers conferred to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers’ organisations, one from amongst the members representing employees’ organisations and one from amongst the members representing the CommissionEuropean Union’s institutions -the Commission and the Parliament. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights.
Amendment 139 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Management Board, when electing the Chairperson and the three Deputy Chairpersons, shall ensure a strict balanced representation of 50% between men and women as a whole.
Amendment 140 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Management Board shall hold one ordinary meeting a year. In addition, it shall meet on the initiative of its Chairperson, at the request of either the Commission or the Parliament, or at the request of at least one-third of its members.
Amendment 142 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer, in particular those third-country States in the European Economic Area that participate in the Agency’s activities.
Amendment 146 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers, in accordance with the conditions laid down in Article 5 (2) when they concur, and budgetary matters.
Amendment 147 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of, one more representative of each group and one representative from each European Union institution, the Parliament and the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, aiming the absence of the full membero achieve a balanced representation between men and women when designate alternates. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 154 #
Proposal for a regulation
Chapter 2 – section 3 – title
Chapter 2 – section 3 – title
Section 3: Executive Director and Deputy Director
Amendment 159 #
Proposal for a regulation
Article 11 – paragraph 5 – point a a (new)
Article 11 – paragraph 5 – point a a (new)
(aa) taking ordinary decisions on the establishment of the Agency’s internal structures and, where necessary, their modification, taking into consideration the Agency’s activity needs as well as having regard to sound budgetary management, after submitting her/his decision to the Management Board;
Amendment 160 #
Proposal for a regulation
Article 11 – paragraph 5 – point a b (new)
Article 11 – paragraph 5 – point a b (new)
(ab) in accordance with Article 5 (2), exercising, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (“the appointing authority powers”);
Amendment 165 #
Proposal for a regulation
Article 11 – paragraph 5 – point j
Article 11 – paragraph 5 – point j
(j) preparing the Agency’s draft statement of estimates of revenue and expenditure and implementing its budget, as part of the Agency’s programming document.
Amendment 172 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 175 #
Amendment 176 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedur after obtaining the consent of the Management Board which must be involved in the process of short-listing the candidates and can act by written procedure if necessary, and following an open and transparent selection procedure. Once appointed the new Executive Director must attend a hearing in the competent European Parliament Committee.
Amendment 179 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission based on an objective assessment of his/her performance as Executive Director.
Amendment 186 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The translation services required for the functioning of the Agency shallmight be provided by the Translation Centre of the bodies of the European Union or other translation services, that respect Union’s environmental, labour and social criteria.
Amendment 194 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency’s performance in relation to its objectives, mandate and tasks. The Management Board shall be consulted in the evaluation. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modificationrelated additional financial, budgetary and human resources if new tasks are allocated to the Agency or if the workload linked to existing task increases.
Amendment 196 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 198 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member States
Amendment 200 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining period of his/her term of office be assist the Director or Executive Directorgned to the responsibilities of the Deputy Director as provided for in Article 11a of this Regulation. The other conditions of his/her contract shall remain unchanged.