37 Amendments of Kosma ZŁOTOWSKI related to 2021/2043(INI)
Amendment 7 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the study of October 2020 by the European Parliament Economic Governance Support Unit entitled ‘Background Reader On The European Semester Autumn 2020 Edition’,
Amendment 16 #
Motion for a resolution
Recital C
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation, lack of harmonised transposition of EU law into national legal frameworks or lack of appropriate EU law measures aimed at tackling the existing barriers;
Amendment 24 #
Motion for a resolution
Recital D
Recital D
D. whereas insufficient or incorrect implementation and lack of enforcement or lack of appropriate EU law measures tackling the barriers have damaging consequences both at EU and national level for citizens and businesses;
Amendment 34 #
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has been a shock both to production and consumption, and has reshaped domestic and cross-border activities including the provision of services; whereas some of these effects may be temporary, but others will have lasting consequences on the shape and needs of the single market; whereas the response to the pandemic has speed up a shift to digital services;
Amendment 37 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the number of non-tariff barriers on the internal market is increasing which is confirmed by the increasing number of petitions tabled recently to the PETI Committee of the European Parliament (e.g. petitions 0179/2021, 0940/2020);
Amendment 40 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas in the current difficult situation we should think not only about the elimination of Covid-related restrictions but also about elimination of barriers that have remained in the internal market for years, in order to improve and deepen the single market which is one of the ways out of the crisis;
Amendment 50 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Single Market Governance Package of March 2020, which aims to improve the implementation and enforcement of European legislation by mainly presenting an overview of existing and upcoming initiatives; considers that it is only a partial answer to the deficiencies hampering the proper functioning of the common market and that especially initiative to improve the single market for services are lacking;
Amendment 52 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Supports the Commission’s Communication on a long term action plan for better implementation and enforcement of single market rules, and especially the proposals to reinforce SOLVIT as a tool for single market dispute resolution, increase the role of the Commission to assist Member States in transposing EU law correctly, fully and on time in order to secure harmonised interpretation and avoid gold-plating, create a single market obstacles tool under the Single Digital Gateway, allow citizens and businesses to report anonymously on regulatory obstacles encountered by them in exercising their internal market rights;
Amendment 62 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on Member States to respect the integrity of the single market by better exchange and coordination of implementation of EU law facilitated by the Commission, to refrain as much as possible from introducing deviating national rules and to seek for solutions at European level; to apply Better Regulation guidelines for introducing national rules, provide proper impact assessments and ensure that all stakeholders have proper access to the decision-making process; and to apply all rules in a justified, proportionate and non-discriminatory manner;
Amendment 97 #
Motion for a resolution
Paragraph 6 – point d a (new)
Paragraph 6 – point d a (new)
d a) burdensome administrative practices, such as repeated persistent inspections and sanctions disproportionate to the offense, aimed at deterring foreign entrepreneurs;
Amendment 101 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes, that concrete examples of above mentioned barriers have been already reported by EU companies functioning on the internal market;these include e.g. - requirements to register a company in a trade and companies’ register of a host Member State imposed on a foreign service provider that only temporarily sends workers to the territory of the host Member State and has no infrastructure there from which it would carry out activities in a habitual, stable and continuous manner;or - checks in advance and additional administrative obligation required by Member States in respect of the posting of workers who are nationals of a non- Member State (when less restrictive yet equally effective measures are available, as confirmed by the case law of the Court of Justice, e.g. in C-244/04);
Amendment 107 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises that according to the Commission mapping the reduction of barriers in the different services sectors has been minimal after the implementation of the Services Directive in 2006 until 2017 and that for the retail sector the mapped barriers even increased between 2011 and 2017, thereby eliminating progress made;
Amendment 109 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls upon the Commission and the Member States to increase their efforts to remove barriers to retail and expeditiously act when new barriers are identified; calls upon the Commission to prepare guidance on the proportionality of retail authorisation procedures to increase legal certainty and predictability for retail and review the 2018 communication ‘A European retail sector fit for the 21st century’ by mid-2022;
Amendment 111 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination, and not from incompatibility with EU law; calls on the Commission to continue developing guidelines addressing underperforming legislation and scrutinise actions of the Member States administration; points out the lack of harmonised interpretation of EU law by Member States such as the recently revised Posting of Workers Directive 2018/957/EU, which leads to lack of legal clarity and bureaucratic burdens for companies providing services in various Member States; calls on the Commission to support Member States in the transposition process to guarantee a more harmonised approach;
Amendment 115 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect because still most Member States do not notify or do not notify everything they should; highlights that this undermines the Commission’s ability to ensure new services laws are compliant with the Services Directive; calls upon the Member States to fulfil their notification obligations under the Services Directive; calls on the Commission to bring forward an action plan by mid-2022 on improving thise current framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
Amendment 134 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; calls on the Commission and the Member States to better identify gold-plating and other obstacles and either remove such measures or launch infringement, where EU legislation is violated; recalls that any delay in recognising a qualification hinders a European citizen in exercising their profession;
Amendment 138 #
12 a. Calls on the Commission and the Member States to continuously increase awareness among businesses which might lack knowledge on mutual recognition and other relevant rules facilitating cross- border operations;
Amendment 142 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services on the single official national websites, as well as by the burdensome procedures to obtain essential documents such as the A1 form; underlines that access to information, such as on domestic collective agreements where applicable and relevant, should be improved to facilitate compliance for businesses; calls on the European Commission and the European Labour Authority to take appropriate steps in order to improve access to information and to come up with a single template for single official national websites;
Amendment 147 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the relevant EU and national authorities to take appropriate steps aimed at developing a single template for official national websites and to make them compatible with the Single Digital Gateway so as to improve access to relevant information among Member States;
Amendment 155 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Emphasises that due to growing volume of labour and services’ mobility, digitalisation is a must; highlights that digital tools designed for the purpose of mobility of labour and services as well as coordination of social security systems such as digital A1 Portable Document form will improve workers’ protection, reduce administrative burdens and improve cooperation and exchange of information between Member States; supports the creation of the European Social Security Pass as recently announced by the European Commission;
Amendment 157 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the Commission's plan to establish a single European information entry point for control authorities on non-food products;
Amendment 158 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Highlights that more and more Member States implement rules which discriminate against food products, from other EU Member States, or exert political pressure on market players to source more domestically; highlights that this undermines the functioning of the single market and in the end may deprive all domestic producers of accessing other Member States’ markets; calls on the Commission to ensure that the single market truly is one European market by using all instruments at its disposal;
Amendment 160 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolutionHighlights that SOLVIT has a high potential to become the main informal problem solving tool for businesses and consumers in cases of misapplication of EU law; welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; notes that still many SOLVIT centres are understaffed, lack resources, skills and knowledge; calls upon the Commission and Member States to ensure SOLVIT centres have adequate resources to operate;
Amendment 168 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Draws attention to the fact that, despite clear interpretation from the Commission, some Member States impose on drivers a requirement to present during road control proof attesting to the drivers’ activities away from the vehicle including a situation of taking a regular weekly rest outside the vehicle; recalls that this practice is in clear breach of Article 34(3) of Regulation (EU) No 165/2014;
Amendment 170 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Draws attention to linguistic requirements being introduced in case of oversize transport which also constitute a barrier to the free movement of services; highlights that it is required from drivers to be able to speak the language of the host Member State in order for authorisation to be granted to carry extra- long, extra-wide or extremely heavy loads;
Amendment 171 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
Amendment 173 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers, address unjustified gold plating and discuss horizontal enforcement issues; points out that the SMET should not just identify problems, but also provide solutions;
Amendment 178 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due timeby the end of 2022 concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions;
Amendment 180 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to present an annual report on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures; believes that there is a need for a tool allowing for anonymous contributions so as to provide protections for those raising concerns;
Amendment 185 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified; notes that especially regarding national product and services rules proper impact assessments and well-explained justifications are missing; calls on the Commission to make quick decisions on complaints to ensure that relevant issues from an end-user perspective are promptly handled and efficiently settled;
Amendment 197 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points to the importance of proportionate surveillance, inspection and sanctioning by relevant authorities of economic operators, regardless of the Member State of establishment, who do not comply with legislation;
Amendment 198 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Draws attention to the fact that unjustified, disproportionate and discriminatory control practices applied by Member States, including excessive fines or access to competitive company data, are also a form of barriers in the internal market; notes that European companies are regularly reporting examples of such practices either via SOLVIT, petitions submitted to the PETI Committee or complaints to the European Commission;
Amendment 205 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes capacity building for national public administrations, public procurement professionals, judges and other legal practitioners for which funding is possible under the Reform Support Programme;
Amendment 209 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of goods and services; believes that further assessment of the pandemic's impact on the single market will be necessary, in order to draw conclusions from the COVID-19 crisis;
Amendment 211 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Member States in the event of worsening of the pandemic situation to fully implement Commission Guidelines concerning the exercise of the free movement of workers during COVID- 19 outbreak and Commission Communication Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls in order to allow workers, in particular transport, frontier, posted and seasonal workers, and service providers to cross borders and have unhindered access to their place of work;
Amendment 216 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission and Member States to proactively use the lessons learned and to develop a response plan for emergencies, which should aim to safeguard as far as possible the free movement of services and goods also in crisis situations; recalls the need for prompt notification by Member States of national measures, which are limiting the free movement of goods and services;
Amendment 218 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Stresses the urgent need to widen access to digital services and technologies which are essential during emergencies for the smooth functioning of the single market and for access to public services by citizens and businesses through eGovernment solutions; recognises digital exclusion and lack of internet access as some of the most significant non-tariff barriers to the digital transformation of the European single market;