BETA

18 Amendments of Maria ARENA related to 2018/0064(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. The Authority shall not in any way interfere with the exercise of fundamental rights as recognised in the Member States and/ or at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/ or practice.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ~~support cooperation between Member States in the cross-border enforcement~~contribute to the consistent, efficient and effective application of relevant Union law, including facilitating joint inspections;

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)

(ba) investigate breach of Union law, in accordance with Article 10 a new;

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d

(d) facilitate cross-border enforcement procedures of penalties and fines; provide assistance to recover workers’ financial entitlements;

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 1 b (new)

1b. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority’s competences.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – paragraph 1

1. At the request of one or several Member States, or one or several employees’ organisations, 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, or one or several employees’ organisations. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – paragraph 3

3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 2

2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned. Officials participating in concerted or joint inspections shall have the minimum investigation powers set out in Article 10b new that are necessary for the application of this Regulation.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 4

4. Staff of the Authority 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.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 a (new)

Article 10a Breach of Union Law 1. Where a national authority has not applied Union law in areas covered by this Regulation, or has applied it in a way which appears to be in breach of Union law, the Authority shall act in accordance with the powers set out in this Article. 2. Upon a request from a Member State, an employees’ or employers’ organisation or on its own initiative, and after having informed the national authority concerned, the Authority may investigate the alleged breach or non- application of Union law. 3. Without prejudice to the powers laid down in Article 8 (1a) and 8 (1b), the national authority concerned shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation. 4. The Authority may, not later than 2 months from initiating its investigation, address a recommendation to the national authority concerned setting out the action necessary to comply with Union law. The national authority shall, within 10 working days of receipt of the recommendation, inform the Authority of the steps it has taken or intends to take to ensure compliance with Union law. 5. Where the national authority has not complied with Union law within 1 month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or on its own initiative, issue a formal opinion requiring the national authority to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation. The Commission shall issue such a formal opinion no later than 3 months after the adoption of the recommendation. The Commission may extend this period by 1 month. The Authority and the national authorities shall provide the Commission with all necessary information. 6. The national authority shall, within 10 working days of receipt of the formal opinion referred to in paragraph 4, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion. 7. This Article is without prejudice to the powers of the Commission pursuant to Article 258 TFEU.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 b (new)

Article 10 b Minimum powers of investigation 1. Staff of the Authority and national authorities participating in concerted or joint inspections shall have at least the following investigation powers: (a) the power of access to any relevant documents, data or information related to an infringement in areas covered by this Regulation, in any form or format and irrespective of their storage medium, or the place where, they are stored; (b) the power to require any public authority, body or agency within their Member State or any natural person or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium, or the place where they are stored, for the purposes of establishing whether an infringement in areas covered by this Regulation has occurred or is occurring; (c) the power to carry out necessary on-site inspections, including the power to enter any premises, land or means of transport, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information, data or documents, irrespective of their storage medium; the power to seize any information, data or documents for a necessary period and to the extent necessary for the inspection; the power to request any representative or member of the staff of the legal or physical person concerned by the inspection to give explanations of facts, information, data or documents relating to the subject matter of the inspection and to record the answers. 2. Member States shall ensure that during legal proceedings, the information collected in accordance with this Article may be relied upon as evidence under the same conditions as evidence legally collected on their national territory.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 1

1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, especially with regards to the coordination of social security systems, the Authority may perform a mediation role.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 18 – paragraph 1

1. The Management Board shall be composed of: (a) one senior representative from each Member State ~~and~~; (b) one member representing the employers’ organisation from each Member State; (c) one member representing the employees’ organisations from each Member State; (d) two representatives of the Commission,; all of whom have voting rights.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 1

1. To facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this Regulation, a Stakeholder Group with adsupervisory functions attached to the Authority shall be established.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 2

2. The Stakeholder Group ~~may~~shall, in particular~~, subm~~: (a) oversee the Authority’s activities; (b) approve by a two-thirds majority o~~pinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation.~~ f its members the annual budget of the Authority; (c) where appropriate, contribute to internal audit; (d) approve the appointment of the Executive Director, and where necessary the extension or removal of his or her term of office; (e) approve the Authority’s draft single programming document referred to in Article 25 before its submission to the Commission for its opinion; (f) adopt, having received the opinion of the Commission, the Authority single programming document by a two-thirds majority in accordance with Article 25.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 3

3. The Stakeholder Group shall be chaired by the Executive Director and shall ~~meet~~hold at least tw~~ice a year~~o ordinary meetings per year. In addition, it shall meet on the initiative of the Executive Director or at the request of the Commission, or at the request of a majority of its members.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 4

4. The Stakeholder Group shall be composed of: (a) one member representing the employers' organisations from each Member State; (b) one member representing the workers' organisations from each Member State; (c) six representatives of Union- level social partners equally representing trade unions and employer’s' organisations~~, and~~ (d) two representatives of the Commission.

2018/07/19
Committee: EMPL