66 Amendments of Kosma ZŁOTOWSKI related to 2018/0064(COD)
Amendment 28 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 48, Article 53(1), Article 62 and Article 91(1) thereof,
Amendment 47 #
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 62 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. 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 79 #
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, and competent Union bodies, and national authorities where appropriate.
Amendment 82 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 83 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authority (‘the AuthoritMobility Agency (‘the Agency’).
Amendment 91 #
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, and competent Union bodies, and national authorities where appropriate.
Amendment 113 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance,take into account experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating concerted and joint inspections;
Amendment 116 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate asupport Member States in finding solution in cases of cross-border disputes between national authorities or labour market disruptions upon the request of the Member States.
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. While carrying out the tasks set out in the previous paragraph, the national competences of Member States should be respected;
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in casat the request of cross-border disputhe Member States, mediates between national authorities orand help to resolve labour market disruptions.
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) cooperate with Members States to provide relevant information to employees and employers on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) support Member States in provideing 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;
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in closely cooperate with the Member States and the competent national authorities in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
Amendment 180 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) providein cooperation with the relevant national authorities, provide employees and employers with relevant information on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 181 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 182 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunitifinance and organise consultancy and training, including language courses, to support the labour mobility of individuals, including through guidance on access to learning and language training;
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevantin cooperation with the relevant national authorities, provide information to employers on current labour rules, and othe living and working conditionsr socio-economic indicators affecting levels of pay applicable to workers in cross-border labour mobility situations, including posted workers;
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 190 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States incooperate closely with the Member States and relevant national authorities to ensure complyingiance with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
Amendment 200 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Authority shall support the work of the Administrative Commission for the Coordination of Social Security Systems and the Member States 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.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligationsin the area of cooperation, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of and in close cooperation with national authorities, and in order to speed up exchanges between them, in particular:
Amendment 206 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 208 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Coordination of concerted and joint inspections
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 210 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinategency may participate in concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 218 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 219 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 224 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 227 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 237 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, 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 beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned and the Commission, where appropriate.
Amendment 251 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Authority shall collect statistical data compiled and voluntarily provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.
Amendment 253 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop suggestions of 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 260 #
Proposal for a regulation
Article 13
Article 13
Amendment 285 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States 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. The rules of procedure of such working groups and panels shall be set out by the Authority following consultation of the Commission. In matters related to social security coordination, the Administrative Commission for the Coordination of Social Security Systems shall also be consulted.
Amendment 288 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
Amendment 289 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
Amendment 295 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
Amendment 297 #
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e
Amendment 299 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. No later than five years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.
Amendment 299 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
Amendment 301 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) 883/2004
Article 74 (4)
Article 74 (4)
Amendment 302 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5 Regulation (EC) 883/2004
Article 46 – paragraph 1 – point 5 Regulation (EC) 883/2004
Amendment 304 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5(4)
Article 5(4)
Amendment 305 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6(3)
Article 6(3)
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in casat the request of cross-border disputhe Member States, mediates between national authorities orand facilitate a solution in labour market disruptions.
Amendment 338 #
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e
Amendment 402 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) providein cooperation with the relevant national authorities, provide employees and employers with relevant information on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 406 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunitifinance and organise consultancy and training, including language courses, to support the labour mobility of individuals, including through guidance on access to learning and language training;
Amendment 410 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevantin cooperation with the relevant national authorities, provide information to employers on current labour rules, and othe living and working conditionsr socio-economic indicators affecting levels of pay applicable to workers in cross-border labour mobility situations, including posted workers;
Amendment 428 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) in close cooperation with the Member States and relevant national authorities, support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
Amendment 464 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligationsin the area of cooperation, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 473 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of and in close cooperation with national authorities, and in order to speed up exchanges between them, in particular:
Amendment 488 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 544 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 566 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 802 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
Amendment 819 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board 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 907 #
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e