49 Amendments of Eleftherios SYNADINOS related to 2016/0254(COD)
Amendment 11 #
Proposal for a regulation
Recital 2
Recital 2
(2) Since its establishment in 1994 EU- OSHA has played an important role incontributed to supporting the improvement of health and safety at work throughout the European Union. At the same time there have been developments in the area of occupational safety and health (OSH). In this light some adjustments are required in describing the objectives and tasks of EU-OSHA as compared to the provisions in Council Regulation (EC) No. 2062/94.
Amendment 15 #
Proposal for a regulation
Recital 5
Recital 5
(5) As the three tripartite Agencies - EU-OSHA, the European Centre for development and vocational training (Cedefop), and the European Foundation for the improvement of living and working conditions (Eurofound) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among three Agencies is required and the ways to enhance efficiency and synergies should be exploited. Within the framework of synergies and the alignment of efforts, steps should be taken towards a further gradual convergence with the future objective of unifying the relevant tripartite bodies. In addition, whenever relevant, the Agency should seek to engage in efficient cooperation with the European Commission's in-house research capacities.
Amendment 19 #
Proposal for a regulation
Recital 6
Recital 6
(6) There are already organisations in the European Union and Member States which provide this type of information and services. In order to obtain the maximum benefit at EU level from work already carried out by these organisations, it is appropriate to maintain the existing well- functionfor the present the existing network set up by EU-OSHA under Regulation (EC) No 2062/94 and comprising Member States focal points and their national tripartite networks despite the shortcomings and the failure to use the potential for economies of scale. It is also important that the Agency have very close functional links with the Advisory Committee on Safety and Health at Work4, to ensure good coordination and synergies. __________________ 4 Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work, OJ C 218, 13.9.2003, p. 1– 4
Amendment 25 #
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary to provide for transitional budgetary provisions and transitional provisions on the Management Board, Executive Director and staff to ensure continuation of activities of the Agency pending the entry into force of this Regulation with a neutral fiscal orientation, without resulting in any budgetary cost going beyond what was originally planned.
Amendment 33 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) collect, analyse and disseminate technical, scientific and economic information on safety and health at work in the Member States in order to pass it on to the European Union institutions and bodies, Member States and interested parties; this collection, archiving and subsequent analysis shall take place to identify risks and good practices as well as existing national priorities and programmes and provide the necessary input to the priorities and programmes of the European Union;
Amendment 35 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) collect and analyse technical, scientific and economic information on research into safety and health at work and on other research activities which involve aspects connected with safety and health at work and disseminate and use as widely as possible the results of the research and research activities;
Amendment 37 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) promote and support cooperation and exchange of information and, experiencetise and know-how amongst the Member States in the field of safety and health at work, including information on training programmes;
Amendment 39 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) support and organise conferences and, seminars and, congresses and other exchanges of expertise from the Member States in the field of safety and health at work;
Amendment 41 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) supply the European Union institutions and bodies and the Member States with the objective and scientifically valid available technical, scientific, legal and economic information and parameters and qualified expertise they require to formulate and implement judicious and effective policies designed to protect the safety and health of workers; to that end, provide the European Commission in particular with thescientifically valid technical, scientific, legal and economic information and qualified expertise it requires to fulfil its tasks of identifying, preparing and evaluating legislation and measures in the area of the protection of the safety and health of workers, notably as regards the impact of legislation, the adaptation of legislation to technical, scientific or legislative progress as well as of practical implementation of legislation in enterprises, with particular reference to micro, small and medium-sized enterprises;
Amendment 43 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) establish, in cooperation with the Member States, and coordinate the network referred to in Article 12, taking into account the institutionally competent national, EU and international bodies and organisations which provide this type of information and services;
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) cCollect, analyse, process and make available information on safety and health matters from and to third countries and international organisations;
Amendment 47 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) provide technical, scientific and economic information on methods and tools for implementing preventive activities, identify good practices and promote preventive actions, paying particular attention to the specific problems of smallmicro- and medium-sized enterprises. With regard to good practices, the Agency shall in particular focus on practices which constitute practical tools to be used in drawing up an assessment of the risks to safety and health at work, and identifying the measures to be taken to prevent and tackle them;
Amendment 49 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) contribute to the development of European Union strategies and action programmes relating to the protection of safety and health at work, without prejudice to the Commission's sphere of competenceprinciples of conferral, subsidiarity and proportionality as regards the Commission's actions;
Amendment 51 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) carry out awareness raising and communication activities and campaigns on health and safety at work issues in cooperation with national contact points.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Agency shall ensure that the information disseminated is tailored to, and well targeted at, the intended users. To achieve this objective, the Agency shall work closely with the national focal points referred to in Article 12(1), in accordance with Article 12(2).
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or privatepublic bodies or with the operating rules governing public law, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Foundation for the improvement of living and working conditions, the European Centre for the development of vocational training and, where relevant, with other EU Agencies.
Amendment 77 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) one observer-member representing the European Parliament.
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 7 a (new)
Article 4 – paragraph 1 – subparagraph 7 a (new)
The European Parliament shall appoint the member representing it as an observer.
Amendment 87 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of health and safety at work, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to ensure as far as possible a balanced representation of men and women and to limit turnover of their representatives, in order to guarantee continumbers with different but complementary areas of expertise and skills and strive for the continuity and regularity of the Board's work.
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendrenewable. 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.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) adopt and implement rules for the prevention and management of conflicts of interest in respect of its members and independent experts;
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) appoint the Executive Director and where relevant extendrenew his/her term of office once or remove him/her from office in accordance with Article 19;
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where exceptional circumstances so require, the Management Board may, by a majority of two-thirds of its members with voting rights, by way of a reasoned decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Amendment 129 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Executive Director of the Agency shall take an active part in the deliberations, without the right to vote.
Amendment 131 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Management Board shall hold at least one ordinary meeting a yearevery six months. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission or at the request of at least one-third of its members.
Amendment 136 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Article 5(1)(a) and (b) and Article 19(7), the Management Board shall take decisions by an absolute majority of members with voting rights.
Amendment 151 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendiblrenewable with no maximum period of office. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 203 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Executive Director shall implement and monitor the Agency’s budget.
Amendment 218 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The financial rules applicable to the Agency shall be adopted by the Management Board after consulting the Commission. They shall not depart from Regulation (EU) 1271/2013 unless such a departure is specifically required for the Agency's operation, the Agency has submitted a reasoned request and the Commission has given its prior consent.
Amendment 225 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Executive Director shall be appointed by the Management Board, on the basis of a competition procedure, from a list of candidates proposeddrawn up by the Commission, following an open and, transparent and objective selection procedure. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.
Amendment 227 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an reasoned, thorough and representative assessment that takes into account an evaluation of the Executive Director's performance measured against official targets and the Agency's future tasks and challenges.
Amendment 229 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend, without obligation, renew the term of office of the Executive Director once, for no more than five years.
Amendment 231 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. An Executive Director whose’s term of office has been extended may not participate in another selection procedure for the same post at the end of the overall periodmay not exceed ten years.
Amendment 232 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on an objective and reasoned proposal from the Commission.
Amendment 233 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on an objective and reasoned proposal from the Commission.
Amendment 242 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The seat of the Agency shall be Bilbao, Spain. In the interests of cooperation and convergence, efforts must be made to ensure that the three so- called tripartite agencies - EU-OSHA, the European Foundation for the Improvement of Living and Working Conditions (Eurofound) and the European Centre for the Development of Vocational Training (CEDEFOP) - are housed jointly at the CEDEFOP headquarters by 2025.
Amendment 245 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish local offices in the Member States for effective and adequate performance of its tasks, subject to their consent and in accordance with Article 11(6), provided that unjustified costs and duplication of its administrative work are avoided.
Amendment 248 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Protocol on the Privileges and Immunities of the European Union shall apply in full to the Agency and its staff.
Amendment 256 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The processing of personal data by the Agency shall be subject to the Regulation (EC) No 45/2001. The Management Board shall, within six months of the date of its first meeting, establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the appointment of a Data Protection Officer of the Agency. Those measures shall be established after consultation of, and endorsement by, the European Data Protection Supervisor.
Amendment 262 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations unimpeded, according to their respective competences. and in accordance with the provisions of the national legislation applicable.
Amendment 265 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The Agency shall adopt own security rules equivalent to the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Decisions (EU, Euratom) 2015/443 and 2015/444, when required. The security rules of the Agency shall cover, inter alia and where appropriate, provisions for the exchange, processing and storagecollection, recording, storage, retrieval, processing, analysis, exchange and overall management of such information.
Amendment 271 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties, in accordance with the general principles of EU statute and case law and the national laws of the Member State within which the damage was caused.
Amendment 274 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The personal liability of its staff towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them; regardless of the provider, whether private or operating through Agency administrative channels, each staff member is required to obtain suitable insurance cover against possible civil and/or personal liability that might arise in performance of tasks directly related to the Agency's work.
Amendment 278 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Where the Commission considers that the continuation of the Agency is no longer adequately justified with regard to its assigned objectives, mandate and tasks, or where they may be served more effectively by other structures or through merger with, and absorption within, another EU agency, it may propose that this Regulation be amended accordingly or repealed.
Amendment 284 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
In so far as is necessary in order to support the project, disseminate and enhance the results of its operations and achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations.
Amendment 285 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arranggreements shall not in any way create legal obligations incumbent onto the Union and its Member States unless expressly provided for by the official document that defines and governs such arrangements.
Amendment 288 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent. The Commission shall maintain the right to intervene or exercise a veto after the explanatory memorandum has been drawn up if the strategy supported by the Agency is incompatible with the intended strategy of the Union as a whole.
Amendment 292 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The Agency’s host Member State shall provide the best possible conditions to create an environment conducive to achievement of the desired objectives and ensure the proper functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connection schooling, including schooling in the mother tongue of the students, appropriate transport connections and adequate logistical infrastructures.
Amendment 304 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Internal rules adopted by the Governing Board on the basis of Regulation (EC) No 2062/94 shall remain in force after [date of application of this Regulation], unless otherwise decided by the Management Boardfollowing a decision and confirmation by the Management Board, unless otherwise decided by it in the application of this Regulation.