BETA

129 Amendments of Agnes JONGERIUS related to 2018/0064(COD)

Amendment 58 #
Proposal for a regulation
Recital 2
(2) Pursuant to Article 3 TEU, the Union is ton establishing an Internal Market is working for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.
2018/07/19
Committee: EMPL
Amendment 62 #
Proposal for a regulation
Recital 4 a (new)
(4a) Labour mobility within the Internal Market is based on the three fundamental principles: freedom of movement for workers which relates to permanent, seasonal and frontier workers, as well as to jobseekers who move to another Member State to integrate into its labour market); freedom of establishment, and freedom to provide services by sending employed persons by their employer to carry out a service in another Member State without integrating in its labour market or by self-employed persons who move to another Member State to carry out a service.
2018/07/19
Committee: EMPL
Amendment 65 #
Proposal for a regulation
Recital 4 b (new)
(4b) Compliance with Union law in the area of labour mobility is confronted with differing implementations and interpretations by Member States, thus creating legal uncertainty and facilitating abuse. The diversity of labour markets and the structure of social protection systems in the different Member States, the existence in some Member States of many different competent authorities, as well as the differences between functions, capacities and powers of the competent authorities in different Member States seriously hinder and negatively affect cooperation between them and implementation of Union law in the area of labour mobility.
2018/07/19
Committee: EMPL
Amendment 66 #
Proposal for a regulation
Recital 4 c (new)
(4c) Workers moving to take up employment in another Member State are more vulnerable to discrimination and various types of social fraud such as by means of letterbox companies and bogus self-employment despite being entitled to equal treatment with nationals in access to employment, working conditions and all other social and tax conditions, including social security. Due to a lack of knowledge and sufficient information about their rights, but also due to unscrupulous employers or labour market intermediaries and of insufficient control by competent national authorities, such workers may be negatively affected by underpayment and inadequate health and safety standards being applied at the workplace, by discriminatory, fraudulent and abusive working arrangements, as well as by trafficking for labour exploitation. Therefore it is highly necessary that dedicated efforts for addressing and tackling challenges and problems faced by workers when moving or working in another Member State should be undertaken.
2018/07/19
Committee: EMPL
Amendment 67 #
Proposal for a regulation
Recital 4 d (new)
(4d) Remaining concerns regarding compliance with, as well as implementation and effective and efficient enforcement of Union law related to labour mobility, jeopardise trust and fairness in the Internal Market. It is therefore crucial to improve the compliance, implementation and enforcement of Union law in the area of labour mobility and to prevent and tackle discrimination, exploitation and abuse of workers’ rights in order to ensure fair labour mobility and fair competition in the Internal Market, so that bona fide workers and companies can enjoy their rights and make use of the opportunities of the Internal Market to the fullest extent.
2018/07/19
Committee: EMPL
Amendment 71 #
Proposal for a regulation
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptionsin strengthening their cooperation in order to ensure the effective application of the Union law in the area of labour mobility within the Internal. Market and should mediate and facilitate a solution in case of disputes between Member States concerning this law.
2018/07/19
Committee: EMPL
Amendment 85 #
Proposal for a regulation
Recital 5 a (new)
(5a) In order to be effective, the Authority needs a clearly defined objective and a strong focus on a limited number of tasks. It is crucial that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value, in particular in the area of compliance, implementation and enforcement of relevant Union law in the area of labour mobility and the facilitation of joint inspections.
2018/07/19
Committee: EMPL
Amendment 86 #
Proposal for a regulation
Recital 5 b (new)
(5b) Improving access to information by individuals and establishments, about their rights and obligations in the areas of free movement of workers, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. While provision of such reliable, up-to- date and easy accessible information should remain responsibility of Member States at national or regional level with the support of the Commission under Regulation (EU) No 2016/589 of the European Parliament and the Council 1a, the Authority should assist Member States' competent national authorities for better cooperation and coordination between them in exchanging information and best practices in the area of labour mobility and for exploring the possibility of creating or facilitating help desks or one-stop-shops dedicated to labour mobility within the internal market issues for individuals and establishments. __________________ 1a Regulation (EU) No 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1).
2018/07/19
Committee: EMPL
Amendment 89 #
Proposal for a regulation
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility within the internal market and social security coordination, including freedom of movement ofor workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared workas well as freedom of establishment and freedom to provide services. It should also provide operational support to the European Platform to enhance cooperation in tackling undeclared work by assuming the functions of its Secretariat. 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.
2018/07/19
Committee: EMPL
Amendment 112 #
Proposal for a regulation
Recital 7
(7) The Authority should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40, Directive 2004/38/EC40a and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 40a DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
2018/07/19
Committee: EMPL
Amendment 116 #
Proposal for a regulation
Recital 8
(8) In certain instances, sector- specific Union law has been adopted in order to respond to specific needs in thatparticular sectors, such as the area of international transport. The Authority should also deal with the cross-border aspects of the application of such sector-specific Union law, in particular Regulation (EC) No 561/2006 of the European Parliament and the Council49 , Directive 2006/22/EC of the European Parliament and the Council50 , Regulation (EC) No 1071/2009 of the European Parliament and the Council51 and Directive (Amending Directive 2006/22/EC – COM(2017)278)52 . __________________ 49 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 50 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 51 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 52 COM(2017)278 – Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector, temporary agencies work, as well as sectors that across many Member States are linked to problems with trafficking for labour exploitation such as agriculture, construction, domestic work and hotels and restaurants, the Authority should also deal with the labour mobility aspects of the application of the relevant sector-specific Union law .
2018/07/19
Committee: EMPL
Amendment 119 #
Proposal for a regulation
Recital 9
(9) The individuals and establishments covered by the activities of the Authority should be persons whoand undertakings that are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family memberse freedom of movement for workers, freedom of establishment and freedom of provision of services in the Internal Market.
2018/07/19
Committee: EMPL
Amendment 137 #
Proposal for a regulation
Recital 11
(11) To ensure they canose listed above may benefit from a fair and effective iInternal mMarket, the Authority should promote opportunities for individuals and employbased on fair and voluntary labour mobility and fair competition, as well as in orders to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilkeep track of emerging trends, challenges or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve initiating access to cross- border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbonnalyses and studies and carrying out risk assessments and peer reviews. The Authority should analyse the effectiveness of the existing actions, initiatives and networks at Union level for addressing obstacles and unfair practices harming labour mobility within the Internal Market and should analyse the risk of infringement of labour mobility rights, of discrimination of mobile workers and of trafficking for labour exploitation. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies, services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the fAuture single digital gateway53 . __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]hority. On the basis of its analyses the Authority should reach conclusions and give recommendations to the Commission and Member States for corresponding measures.
2018/07/19
Committee: EMPL
Amendment 147 #
Proposal for a regulation
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the EURES, the Your Europe portal, the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , the Internal Market Information System, the Senior Labour Inspectors Committee and the European Platform to enhance cooperation in tackling undeclared work as well as with relevant national services such as the bodies tocharged with promoteing equal treatment and to support Unioning mobile workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
2018/07/19
Committee: EMPL
Amendment 170 #
Proposal for a regulation
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections should have minimum investigation powers. The results of the joint inspections should have legal effects in the Member States concerned.
2018/07/19
Committee: EMPL
Amendment 174 #
Proposal for a regulation
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross- border labour flows, including their possible impact on territorial cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.deleted
2018/07/19
Committee: EMPL
Amendment 197 #
Proposal for a regulation
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions.deleted
2018/07/19
Committee: EMPL
Amendment 201 #
Proposal for a regulation
Recital 20
(20) The Authority should be governed and operated in line withtaking into consideration the principles of the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies of 19 July 2012.
2018/07/19
Committee: EMPL
Amendment 204 #
Proposal for a regulation
Recital 21
(21) The Member States and, the Commission and social partners 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 a Deputy 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.
2018/07/19
Committee: EMPL
Amendment 212 #
Proposal for a regulation
Recital 22
(22) Without prejudice to the powers of the Commission, the Management Board, the Executive Director and the Deputy Executive Director should be independent in the performance of their duties and act in the public interest.
2018/07/19
Committee: EMPL
Amendment 214 #
Proposal for a regulation
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners, including recognized EU sectoral social partners representing different sectors particularly concerned by labour mobility issues. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
2018/07/19
Committee: EMPL
Amendment 232 #
Proposal for a regulation
Recital 31
(31) In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility within the Internal Market, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, and the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
2018/07/19
Committee: EMPL
Amendment 236 #
Proposal for a regulation
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulationsmediation function between Member States related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009.
2018/07/19
Committee: EMPL
Amendment 242 #
Proposal for a regulation
Recital 33
(33) The Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011 provide a forum for consultation of social partners and government representatives at national level. The Authority should contribute to their work and mayshould participate in their meetings.
2018/07/19
Committee: EMPL
Amendment 245 #
Proposal for a regulation
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and Decision (EU) 2016/589344 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
2018/07/19
Committee: EMPL
Amendment 254 #
Proposal for a regulation
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workers and services and to contribute to strengthening fairness in the iInternal mMarket cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities and the need for increased cooperation between Member States, as well as for improved compliance, implementation and enforcement of the Union law be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2018/07/19
Committee: EMPL
Amendment 257 #
Proposal for a regulation
Chapter 1 – title
PrincipleEstablishment and legal status
2018/07/19
Committee: EMPL
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union. ct within the powers conferred to it by this Regulation and in accordance with Regulation (EU) No 492/2011 of the European Parliament and of the Council 69a, Directive 2014/54/EU of the European Parliament and the Council 69b, Regulation(EU) 2016/589 of the European Parliament and the Council 69c, Directive 96/71/EC of the European Parliament and the Council 69d and Directive 2014/67/EU of the European Parliament and the Council 69e, Regulation(EC) No 883/2004 of the European Parliament and the Council 69f, Regulation (EC) No 987/2009 of the European Parliament and the Council69g , Regulation(EU) No 1231/2010 of the European Parliament and the Council69h; as well as Council Regulation (EC) No 1408/716 69i and Council Regulation (EC) No 574/72 69j,and Decision(EU) 2016/344 of the European Parliament and the Council 69k including all legal acts adopted pursuant to those legislative acts. __________________ 69a Regulation(EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p.1). 69b Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 69c Regulation(EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p.1). 69d Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996concerning the posting of workers in the framework of the provision of services(OJ L 18, 21.1.1997, p. 1). 69e Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 69f Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 69g Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 69h Regulation(EU) No 1231/2010 of the European Parliament and of the Council of 24 November2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 69i Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 69j Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1). 69k Decision(EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
2018/07/19
Committee: EMPL
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. The Authority shall also perform tasks related to aspects of sector-specific Union law which concern labour mobility.
2018/07/19
Committee: EMPL
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
2b. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and 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 it 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
Amendment 284 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internalunder the freedoms of movement for workers and of provision of services and with regard to social security coordination in the internal market aimed at the development of a genuine Union labour market. To this end, the Authority shall:
2018/07/19
Committee: EMPL
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and nd encourage the necessary activities for the purpose of promoting fair labour mobiligationsty as well as to relevant servpreventing and countering unfair labour mobility practices;
2018/07/19
Committee: EMPL
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) oversee and examine the application of relevant Union law by and within Member States and forward conclusions and recommendations;
2018/07/19
Committee: EMPL
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) supportenhance cooperation between Member States inwith the cross-border enforcement of relevant Union law, includingpurpose of consistent, efficient and effective compliance, implementation and enforcement of relevant Union law as referred to in Article 1(2)(3), including proposing and facilitating joint inspections;
2018/07/19
Committee: EMPL
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate afor reaching solutions in cases of cross-border disputes between national authorities or labour market disruptionconcerning labour mobility issues.
2018/07/19
Committee: EMPL
Amendment 331 #
Proposal for a regulation
Article 2 a (new)
Article 2a Definitions For the purposes of this Regulation the following definitions apply: (1) “mobile worker” means a worker within the meaning of Article 45 TFEU or a natural person providing services within the meaning of Article 53(1) TFEU; (2) “seasonal worker' means a citizen of the Union who retains his or her principal place of residence in one Member State and moves temporarily to the territory of another Member State to carry out an activity dependent on the passing of seasons, for an undertaking established in that Member State for a limited period and who stays in the territory of that Member State for the duration of activity; (3) “frontier worker” means a person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week; (4) “posted worker” means a worker who, for a limited period, carries out work in the territory of a Member State other than that in which he or she normally works; (5) “fraudulent work contract” means an agreement to engage a natural person as a worker or to provide services, which disguises a different legal relationship for the purpose of financial gain; (6) “trafficking for labour exploitation” means the recruitment of workers from a Member State by means of coercion, fraud or deception with regard to the potential job, location or employer for the purpose to exploiting their labour in another Member State;
2018/07/19
Committee: EMPL
Amendment 334 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
In order to achieve its objectives as stipulated in Article 2, the Authority shall carry out the following tasks:
2018/07/19
Committee: EMPL
Amendment 336 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;deleted
2018/07/19
Committee: EMPL
Amendment 346 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) facilitate cooperation andand encourage cooperation, coordination, as well as the exchange of information between national authorities with a view to the effectiveconsistent, effective and efficient compliance, implementation and enforcement of relevant Union law, in accordance with Article 8;
2018/07/19
Committee: EMPL
Amendment 347 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
(ba) oversee the application of Union law in the area of labour mobility, as well as examine breaches of this law such as various forms of social fraud, infringements and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and forward the corresponding conclusions and recommendations in accordance with Article 8a and 8b;
2018/07/19
Committee: EMPL
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) propose, coordinate and support concerted and joint inspections, in accordance with Articles 9, 10 and 10a;
2018/07/19
Committee: EMPL
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments on issues of cross-borderrelated to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11;
2018/07/19
Committee: EMPL
Amendment 359 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) issue guidelines and interpretative opinions on relevant Union law and support Member States with capacity- building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;
2018/07/19
Committee: EMPL
Amendment 375 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross-border labour market disruptions, in accordance with Article 14.deleted
2018/07/19
Committee: EMPL
Amendment 391 #
Proposal for a regulation
Article 6
Information on cross-border labour The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall: (a) the rights and obligations of individuals in cross-border labour mobility situations; (b) promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training; (c) employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers; (d) 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; (e) improving the accuracy, completeness and user-friendliness of relevant national information services, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256]; (f) streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.Article 6 deleted mobility provide relevant information on provide relevant information to support Member States in support Member States in support Member States in
2018/07/19
Committee: EMPL
Amendment 438 #
Proposal for a regulation
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the
2018/07/19
Committee: EMPL
Amendment 466 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate and encourage cooperation between Member States and support their effective compliance with cooperation obligationcommitments, including on information exchange, as defined in Union law within the scope of the Authority’s competences. as referred to in Article 1.
2018/07/19
Committee: EMPL
Amendment 470 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To thatis end, the Authority shall, upon request of national authorities, and in order to speed up exchanges between them, in particular shall:
2018/07/19
Committee: EMPL
Amendment 479 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchangthe exchanges of information including on the status of cases between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;
2018/07/19
Committee: EMPL
Amendment 484 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point c
(c) promote and share best practicessharing of best practices between Member States and provide them with such practices regarding its own knowledge;
2018/07/19
Committee: EMPL
Amendment 487 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/07/19
Committee: EMPL
Amendment 501 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.deleted
2018/07/19
Committee: EMPL
Amendment 504 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers in the area of labour mobility within the internal market, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare;
2018/07/19
Committee: EMPL
Amendment 513 #
Proposal for a regulation
Article 8 – paragraph 2
2. The Authority shall support the work of the Administrative Commission for the Coordination of Social Security Systems 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.deleted
2018/07/19
Committee: EMPL
Amendment 523 #
Proposal for a regulation
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud,, such as a future European social security register for access to relevant data in real time, in order to facilitate the detection of fraud, in particular in social security area. The Authority shall providinge reports to the Commission with a view to their further development.
2018/07/19
Committee: EMPL
Amendment 531 #
Proposal for a regulation
Article 8 a (new)
Article 8a Oversight of the application of Union law 1. In order to oversee the application of the relevant Union law, the Authority shall: (a) cooperate with other Union bodies, initiatives and networks, such as the Administrative Commission for social security coordination, Senior Labour Inspectors Committee, the European Network of Public Employment Services, the European Enterprise Network, SOLVIT, Your Europe Portal, Internal Market Information System, EURES and the Border Focal Point, in particular to identify obstacles to fair and voluntary labour mobility and fair competition and shall forward recommendations to the Commission for overcome such obstacles; (b) collect information about cases of non-compliance and of violation of Union law, of infringement and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and shall give conclusions and recommendations for preventive and coercive measures to the competent authorities at Union and national levels; (c) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13. (d) facilitate cross-border enforcement procedures of penalties and fines by elaborating and monitoring, in cooperation with Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate. (e) supervise the cooperation between Member States and if a Member State persistently refuses to cooperate, the Authority shall refer the case to the Commission. 2. 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. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours. 3. 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
Amendment 534 #
Proposal for a regulation
Article 8 a (new)
Article 8a 1. In order to create a deterrent effect and to work towards fair labour mobility, the Authority shall publish a public list of companies operating within the European Union that have been sanctioned for breaches of relevant national and Union law in the area of labour mobility. 2. The list shall be regularly updated by the Authority. Companies concerned will get the opportunity before publication to elaborate why they should not be included on the list. Companies concerned shall be entitled to provide evidence of improvement in the area of infringement, where after the Authority has to consider to remove the company from the list.
2018/07/19
Committee: EMPL
Amendment 535 #
Proposal for a regulation
Article 8 b (new)
Article 8b Examination of breaches of Union law 1. The Authority shall act in accordance with the powers set out in this Article 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. 2. Regarding examination of breaches of Union law, the Authority may: (a) investigate the alleged breach or non-application of Union law 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; (b) address a recommendation to the national authority concerned setting out the action necessary to comply with Union law. 3. Without prejudice to provisions in Article 8a(2) and 8a(3), the national authority concerned shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation. 4. 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 taken the necessary action to comply 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 necessary action. 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. 6. The national authority shall, within 10 working days of receipt of the formal opinion referred to in paragraph 5, 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
Amendment 543 #
Proposal for a regulation
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspecor of social partners' organisations ior on 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 inspectioninitiative the Authority, Member States shall work towards concluding an agreement between them and the Authority for concerted or joint inspections in the areas under the scope of the Authority’s competences.
2018/07/19
Committee: EMPL
Amendment 553 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. The agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.
2018/07/19
Committee: EMPL
Amendment 555 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
1b. Upon the agreement, the Authority shall facilitate and coordinate the inspections under paragraph 1.
2018/07/19
Committee: EMPL
Amendment 561 #
Proposal for a regulation
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 concernedIf an agreement for concerted or joint inspections cannot be reached Member States that decline concluding an agreement shall submit to the Authority considerations and additional information on the nature of the issue in question and shall suggest approaches towards resolution of the case under consideration. The Authority shall assess the information received and submit a reasoned opinion on the issue.
2018/07/19
Committee: EMPL
Amendment 569 #
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 aboutMember States shall keep information regarding the envisaged inspection confidential.
2018/07/19
Committee: EMPL
Amendment 584 #
Proposal for a regulation
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.deleted
2018/07/19
Committee: EMPL
Amendment 603 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Officials from another Member State and from the Authority participating in concerted or joint inspections shall have the same powers as national officials in accordance with the national legislation of the concerned Member State. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections shall have minimum investigation powers in accordance with Article 10a.
2018/07/19
Committee: EMPL
Amendment 604 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b. Concerted and join inspections shall not replace nor undermine national competences. National authorities should also be fully associated in the process and have full and autonomous authority. Where trade unions are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the trade unions concerned so agree.
2018/07/19
Committee: EMPL
Amendment 633 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
5a. 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
Amendment 653 #
Proposal for a regulation
Article 10 a (new)
Article 10a Minimum powers of investigations In concerted or joint inspections agreed in accordance to Article 9, officials of the Authority and of national authorities from all participating Member States shall have the power to: (a) require any public authority, body or agency within the Member State concerned 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; (b) 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; (c) 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; (d) seize any information, data or documents for a necessary period and to the extent necessary for the inspection; (e) 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.
2018/07/19
Committee: EMPL
Amendment 655 #
Proposal for a regulation
Article 11 – title
Cross-border labour mobilityInitiating analyses and performing risk assessment regarding labour mobility
2018/07/19
Committee: EMPL
Amendment 657 #
Proposal for a regulation
Article 11 – paragraph 1
1. The Authority shall assess risks and carry outinitiate analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threatchallenges and recurring problems encountered by individuals and employers in relation to cross-border mobilityconcerning labour mobility within the internal market. Such analyses and assessments shall also take into consideration the impacts and the consequences of labour market imbalances. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of discrimination of mobile workers, fraudulent work contracts, trafficking for labour exploitation and social fraud, as well as of skills forecasting and health and safety at work. Upon a request by the Commission or upon its own initiative, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
2018/07/19
Committee: EMPL
Amendment 682 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
The Authority shall support Member States with capacity building aimed at promoting the consistent compliance, implementation and enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:
2018/07/19
Committee: EMPL
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) develop interpretative opinions, 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;
2018/07/19
Committee: EMPL
Amendment 762 #
Proposal for a regulation
Article 14
At the request of the national authorities, the Authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.Article 14 deleted Cooperation in case of cross-border labour market disruptions
2018/07/19
Committee: EMPL
Amendment 781 #
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
(aa) an Executive Board, which shall exercise the functions set out in Article 22a;
2018/07/19
Committee: EMPL
Amendment 782 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) an Executive Director and a Deputy Executive Director who shall exercise the responsibilities set out in Article 23 and 23a respectively;
2018/07/19
Committee: EMPL
Amendment 787 #
Proposal for a regulation
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.
2018/07/19
Committee: EMPL
Amendment 799 #
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 two representatives of the Commission, all of whom have voting rights; (b) one member representing the employers' organisations from each Member State; (c) one member representing the employees' organisations from each Member State; (d) two representatives of the Commission; (e) three independent experts appointed by the European Parliament.
2018/07/19
Committee: EMPL
Amendment 807 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. All members referred to in point 5 (a) to (d) of paragraph 1 shall have voting rights. 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’ organisations respectively. The Commission shall appoint the members who are to represent it. The responsible committee of the European Parliament shall appoint the experts referred to in point (e) of the first subparagraph after verifying that the appointments raise no conflicts of interest.
2018/07/19
Committee: EMPL
Amendment 808 #
Proposal for a regulation
Article 18 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his or her absence. The alternate shall be appointed following the procedure as provided for in the paragraph 1a.
2018/07/19
Committee: EMPL
Amendment 810 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall bhave appointed by their respective Member States in light of theirropriate knowledge in the fields referred to in Article 1(2), taking into accountas well as relevant managerial, administrative and budgetary skills.
2018/07/19
Committee: EMPL
Amendment 814 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
The Commission shall appoint the members who are to represent it.deleted
2018/07/19
Committee: EMPL
Amendment 817 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
The Member States and the CommissionAll parties represented in the Management Board 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.
2018/07/19
Committee: EMPL
Amendment 822 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
3a. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard. The Members of the Management Board shall ensure that the general interests of the Union and of the Authority are upheld.
2018/07/19
Committee: EMPL
Amendment 824 #
Proposal for a regulation
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablerenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
2018/07/19
Committee: EMPL
Amendment 829 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
5a. 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.
2018/07/19
Committee: EMPL
Amendment 831 #
Proposal for a regulation
Article 18 – paragraph 5 b (new)
5b. A representative of Eurofound, EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.
2018/07/19
Committee: EMPL
Amendment 834 #
Proposal for a regulation
Article 19 – paragraph 1 – point f
(f) adopt rules, including measures for detecting potential risks at an early stage, for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), as well as for seconded national experts, and shall publish annually on ithe Authority's website their declarations of interests of the Management Board memberand updates;
2018/07/19
Committee: EMPL
Amendment 839 #
Proposal for a regulation
Article 19 – paragraph 1 – point l
(l) establish, where appropriate, an internal audit capacity;
2018/07/19
Committee: EMPL
Amendment 840 #
Proposal for a regulation
Article 19 – paragraph 1 – point m
(m) appoint the Executive Director and the Deputy Executive Director, and where necessary extend his or renew ther term of office or remove him or therm from office in accordance with Article 32;
2018/07/19
Committee: EMPL
Amendment 844 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairpersons from among the members with voting rights 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 Commission, and shall strive for gender balance. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of the members of the Management Board with voting rights. The Management Board shall ensure a balanced representation between men and women for the Chairperson and the Deputy Chairpersons, taken together.
2018/07/19
Committee: EMPL
Amendment 850 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.
2018/07/19
Committee: EMPL
Amendment 852 #
Proposal for a regulation
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairperson s shall be fourtwo years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
2018/07/19
Committee: EMPL
Amendment 858 #
Proposal for a regulation
Article 22 a (new)
Article 22a Executive Board 1. The Management Board shall be assisted by an Executive Board. 2. The Executive Board shall: (a) prepare decisions to be adopted by the Management Board; (b) monitor, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti- fraud Office (OLAF); (c) without prejudice to the responsibilities of the Executive Director, as set out in Article 23, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management. 3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board. 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 18 (5a) and one representative of the Commission. Each group referred to in Article 18 (5a) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members, ensuring a balanced representation between men and women. 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. 5. The term of office of members of the Executive Board shall be two years. That term may be renewed. The term of office of members of the Executive Board shall end when their membership of the Management Board ends. 6. The Executive Board shall meet three times a year. The Chairperson can convene additional meetings at the request of its members. Each coordinator shall inform members of his or her own group, after each meeting, of the content of the discussion, in timely and transparent manner. 7. The Management Board shall lay down the rules of procedure of the Executive Board.
2018/07/19
Committee: EMPL
Amendment 860 #
Proposal for a regulation
Article 23 – paragraph 4 – point f
(f) preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;
2018/07/19
Committee: EMPL
Amendment 861 #
Proposal for a regulation
Article 23 – paragraph 4 – point i
(i) preparing the draft financial rules applicable to the Authority and presenting them to the Management Board for approval;
2018/07/19
Committee: EMPL
Amendment 863 #
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
(ja) in accordance with the decision referred to in Article 19 (2), taking decisions with regard to the management of human resources;
2018/07/19
Committee: EMPL
Amendment 865 #
Proposal for a regulation
Article 23 – paragraph 4 – point j b (new)
(jb) taking decisions with regard to the Authority’s internal structures and, where necessary, their amendment, taking into account the needs relating to the Authority’s activities and sound budgetary management;
2018/07/19
Committee: EMPL
Amendment 866 #
Proposal for a regulation
Article 23 – paragraph 4 – point j c (new)
(jc) cooperating with other Union agencies, and concluding cooperation agreements with them;
2018/07/19
Committee: EMPL
Amendment 871 #
Proposal for a regulation
Article 23 – paragraph 5
5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, as well as to establish a liaison office in Brussels to further the Agency's cooperation with the relevant Union institutions and bodies. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.
2018/07/19
Committee: EMPL
Amendment 872 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
5a. Without prejudice to the respective roles of the Management Board in relation to the tasks of the Executive Director, the Executive Director shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body. Neither Member States, the Union institutions or bodies, nor any other public or private body shall seek to influence the Executive Director in the performance of his tasks. In accordance with the Staff Regulations referred to in Article 68, the Executive Director shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
2018/07/19
Committee: EMPL
Amendment 873 #
Proposal for a regulation
Chapter 3 – section 2 a (new)
Section 2a Deputy Executive Director Article 23a Deputy Executive Director 1. The Deputy Executive Director shall be a member of staff and shall support the Executive Director in carrying out the Authority’s functions and activities. Without prejudice to paragraph 3, the Deputy Executive Director shall be under the authority of the Executive Director. The Executive Director shall present details of the Deputy Executive Director’s functions to the Management Board for approval. 2. The Deputy Executive Director may attend, and accompany the Executive Director, at the meetings of the Management Board and the Executive Board. 3. Article 32 shall apply mutatis mutandis to the Deputy Executive Director.
2018/07/19
Committee: EMPL
Amendment 882 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Directora Chair elected amongst its members and shall meet at least twice a year on the initiative of the Executive DirectoChair or at the request of the Commission or on the initiative of one-third of its members. It shall participate in meetings convene by the Management Board in accordance with Article 21(4).
2018/07/19
Committee: EMPL
Amendment 891 #
Proposal for a regulation
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixeight representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commissionincluding of recognised EU sectoral social partners from different sectors particularly concerned by labour mobility issues.
2018/07/19
Committee: EMPL
Amendment 903 #
Proposal for a regulation
Article 24 – paragraph 7 a (new)
7a. The Stakeholder Group may establish working groups on specific topics.
2018/07/19
Committee: EMPL
Amendment 910 #
Proposal for a regulation
Article 32 – paragraph 1
1. The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
2018/07/19
Committee: EMPL
Amendment 911 #
Proposal for a regulation
Article 32 – paragraph 2
2. The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure which guarantees a rigorous assessment of the candidates and a high degree of independence. Before his or her appointment, the candidate selected shall appear at a hearing before and shall answer questions of the responsible committee of the European Parliament.
2018/07/19
Committee: EMPL
Amendment 913 #
Proposal for a regulation
Article 32 – paragraph 4
4. The term of office of the Executive Director shall be five years. By six months before the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.
2018/07/19
Committee: EMPL
Amendment 915 #
Proposal for a regulation
Article 32 – paragraph 6
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulativeoverall period.
2018/07/19
Committee: EMPL
Amendment 916 #
Proposal for a regulation
Article 32 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission, on the basis of a reasoned assessment of his or her performance as an Executive Director.
2018/07/19
Committee: EMPL
Amendment 918 #
Proposal for a regulation
Article 32 a (new)
Article 32a Deputy Executive Director The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
2018/07/19
Committee: EMPL
Amendment 942 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1– point na
(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;
2018/07/19
Committee: EMPL
Amendment 944 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1 a (new)
Regulation (EC) No 883/2004
Article 71 – paragraph 1
(1a) In Article 71, paragraph 1 is replaced by the following: “1. The Administrative Commission for the Coordination of Social Security Systems(hereinafter called "the Administrative Commission") attached to the Commission of the European Communities shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the Commission of the European Union and a representative of the European Labour Authority shall attend the meetings of the Administrative Commission in an advisory capacity.”;
2018/07/19
Committee: EMPL
Amendment 945 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 –point (g)
(2) in Article 72, point (g) is replaced by the following: “(g) establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the European Labour Authority referred to in Article 74.”;deleted
2018/07/19
Committee: EMPL
Amendment 950 #
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Article 73
(3) Article 73 is deleted;
2018/07/19
Committee: EMPL
Amendment 952 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
(4) Article 74 is replaced by the following: “Article 74deleted The European Labour Authority 1. shallTo support the implementation of this Regulation in accordance with its tasks set out in [Regulation establishing the Authority]. 2. Administrative Commission with financial matters, the European Labour Authority shall: (a) and calculating the annual average costs presented by Member States; (b) carry out the calculations required for establishing the annual statement of claims of each Member State; (c) Commission periodic accounts of the results of the implementation of this Regulation and of the Implementing Regulation, in particular as regards the financial aspect; (d) necessary for decisions to be taken by the Administrative Commission pursuant to point (g) of Article 72; (e) make any relevant suggestions it may have to Administrative Commission, including those concerning this Regulation, in accordance with points (a), (b) and (c); (f) carry out all work, studies or assignmenwork of the verify the method of determining collect the necessary data and give the Administrative provide the data and reports oIn matters referred to it by the Administrative Commission. 3. Administrative Commission on technical matters, the European Labour Authority shall propose to the Administrative Commission common architecture rules for the operation of data processing services, in particular on security and the use of standards. The European Labour Authority shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission pursuant to point (d) of Article 72. 4. institutions or authorities regarding the application of this Regulation and the Implementing Regulation, the European Labour Authority shall mediate in accordance with [Article 13 on mediation of the Regulation establishing the Authority].”;order to support the work of the In the event of disputes between
2018/07/19
Committee: EMPL
Amendment 953 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5 – introductory part
Regulation (EC) No 883/2004
Article 76 – paragraph 6
(5) in Article 76(6), the secondfollowing sentence is replaced by the followingadded:
2018/07/19
Committee: EMPL
Amendment 954 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Article 76 – paragraph 6
If a solution cannot be found within a reasonable period, the authorities concerned may call on the European Labour Authority to interveThe European Labour Authority shall be competent to intervene on a request by the Administrative Commission in matters related to employed, self-employed and unemployed persons if the absence of a solution by the concerned authorities and by the Administrative Commission negatively affects rights of the person(s) concerne.d.
2018/07/19
Committee: EMPL
Amendment 959 #
Proposal for a regulation
Article 47 – paragraph 1 – point 1
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point f
(f) ‘European Labour Authority’ means the body referred to in Article 74 of the basic Regulation.established by [Regulation Establishing the Authority]';
2018/07/19
Committee: EMPL
Amendment 961 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 987/2009
Article 5 – paragraph 4
(2) in Article 5, the following paragraph 4a is replaced by the followingadded:
2018/07/19
Committee: EMPL
Amendment 962 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a
4a. Where no agreement is reached between the institutions concerned on a matter related to employed, self-employed or unemployed persons, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month following the date on which the Administitution that received the document submitted its requestrative Commission was called to intervene by the institutions concerned. The European Labour Authority shall endeavour to reconcile the points of view in accordance with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
2018/07/19
Committee: EMPL
Amendment 964 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3 – introductory part
Regulation (EC) No 987/2009
Article 6 – paragraph 3
(3) in Article 6, the following paragraph 3a is replaced by the followinginserted:
2018/07/19
Committee: EMPL
Amendment 965 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6 – paragraph 3a
3a. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arosematter was brought before it. The European Labour Authority shall seek to reconcile the points of view in line with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
2018/07/19
Committee: EMPL
Amendment 966 #
Proposal for a regulation
Article 47 – paragraph 1 – point 4
(4) Article 65 is replaced by the following: “Article 65 Notification of annual average costs 1. person in each age group for a specific year shall be notified to the European Labour Authority at the latest by the end of the second year following the year in question. 2. in accordance with paragraph 1 shall be published each year in the Official Journal of the European Union after approval by the Administrative Commission. 3. to notify the average costs for a specific year by the deadline referred to in paragraph 1, it shall by the same deadline ask permission from the Administrative Commission and the European Labour Authority to use the annual average costs for that Member State as published in the Official Journal of the European Union for the year preceding the specific year in which notification is outstanding. When seeking such permission, the Member State shall be required to explain the reasons as to why it is unable to notify the annual average costs for the year in question. If the Administrative Commission, having considered the opinion of the European Labour Authority, approves the request of the Member State, those annual average costs shall be republished in the Official Journal of the European Union. 4. shall not be granted for consecutive years.”;deleted The annual average cost per The annual average costs notified Where a Member State is unable The derogation in paragraph 3
2018/07/19
Committee: EMPL
Amendment 967 #
Proposal for a regulation
Article 47 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 67 – paragraph 7
(5) in Article 67, paragraph 7 is replaced by the following: “7. shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period referred to in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within six months following the month in which the matter was referred to it.”;deleted The European Labour Authority
2018/07/19
Committee: EMPL
Amendment 968 #
Proposal for a regulation
Article 47 – paragraph 1 – point 6
Regulation (EC) No 987/2009
Article 69
(6) Article 69 is replaced by the following: “Article 69 Statement of annual accounts 1. shall establish the claims situation for each calendar year in accordance with point (g) of Article 72 of the basic Regulation, on the basis of the European Labour Authority’s report. To that end, the liaison bodies shall notify the European Labour Authority, by the deadlines and in accordance to the procedures laid down by the latter, the amount of the claims introduced, settled or contested (creditor position) and the amount of claims received, settled or contested (debtor position). 2. may perform any appropriate checks on the statistical and accounting data used as the basis for drawing up the annual statement of claims provided for in paragraph 1 in order, in particular, to ensure that they comply with the rules laid down under this Title.”.deleted The Administrative Commission The Administrative Commission
2018/07/19
Committee: EMPL
Amendment 971 #
Proposal for a regulation
Article 49
Regulation (EU) 2016/589
Articles 1, 3, 7, 8, 9, 29
[...]deleted
2018/07/19
Committee: EMPL
Amendment 973 #
Proposal for a regulation
Article 49 a (new)
Decision (EU) 2016/344
Article 2–paragraph 1–point (da); Article 8–paragraph 1–subparagraph 3; Article 9
Article 49a Amendments to Decision (EU) 2016/344 Decision (EU) 2016/344 is amended as follows: (1) In Article 2, paragraph 1, the following point (ca) is added: “(ca) The Executive Director of the European Labour Authority.” (2) In Article 8, paragraph 1, subparagraph 3 is replaced by the following: “The Bureau shall prepare and organise the work of the Platform in conjunction with a Secretariat, which shall function as a secretariat to the Platform, including the Bureau and working groups. The Secretariat shall be provided by the European Labour Authority.” (3) Article 9 is replaced by the following: “Article 9 Cooperation 1.The Platform shall cooperate effectively and shall avoid duplication of work with other relevant expert groups and committees at Union level whose work has a link with undeclared work, in particular, the Senior Labour Inspectors Committee, the Administrative Commission for Social Security Coordination, the Public Employment Services Network, Employment Committee (EMCO), Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Direct Taxation. The Platform shall invite the representatives of those groups and committees to attend its meetings as observers where appropriate. In the interest of more efficient working and enhanced impact, joint meetings may also be organised. 2. The Platform shall establish appropriate cooperation with the European Labour Authority, Eurofound and EU-OSHA.”
2018/07/19
Committee: EMPL
Amendment 974 #
Proposal for a regulation
Article 50 – subparagraph 1
Decision 2009/17/EC and Decision (EU) 2016/344 areis repealed.
2018/07/19
Committee: EMPL
Amendment 975 #
Proposal for a regulation
Article 50 – subparagraph 2
References to Decision 2009/17/EC and Decision (EU) 2016/344 shall be construed as references to this Regulation.
2018/07/19
Committee: EMPL