31 Amendments of Karoline GRASWANDER-HAINZ related to 2018/0064(COD)
Amendment 38 #
Proposal for a regulation
Recital 5 a (new)
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.
Amendment 39 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It, such as the transport sector. This sector is particularly affected by existing unfair and exploitative employment practices across all transport modes and the existence of legislative loopholes allow for cross-border wage and social dumping, a downgrading of terms and conditions for workers, poorer-quality services, and the distortion of fair competition. The authority should also enhance cooperation between Member States in tackling undeclared work, letter box companies, fraudulent postings and bogus self-employment. . In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobilecross- border provision of services. It should also enhancoblige cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate. The Authority should support Member States in fulfilling their responsibilities and thereby help them to exploit any synergy effects in order to work as efficient as possible.
Amendment 55 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The Authority should deal with cross-border issues related to highly mobile workers such as aircrew, truck and coach drivers. Their high mobility requires the Authority’s support for enhanced transnational cooperation between Member States to safeguard the functioning of the internal market and to ensure an effective and consistent enforcement of Union provisions on transnational aspects of labour law, such as applicable law (Regulation (EC) No 593/2008)1a,jurisdiction (Regulation (EU) No 1215/2012)1b and A1portable documents (Regulation (EC) No 883/2004)1c. _________________ 1aRegulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), OJ L 177, 4.7.2008 1bRegulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 351, 20.12.2012 1c 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 L166/1, 30.04.2004
Amendment 56 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who 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 members. This shall also apply to workers from third countries who are not legally resident in the Union but are subject to postings of any duration to the EU.
Amendment 65 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should supportimprove cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should supporthelp Member States’ to compliance withy with their cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 66 #
Proposal for a regulation
Recital 14
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, both at the workplace or roadside and at the premises, 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.
Amendment 76 #
Proposal for a regulation
Recital 16
Recital 16
(16) Despite various previous initiatives, administrative cooperation at a national level remains limited and exchanges of information are sporadic and incomplete. To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices.
Amendment 89 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Parliament should be systematically and on equal terms with the Commission and the Council involved in defining and weighting the criteria for the location of the Authority;
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility andfield of activity of the Authority shall comprise ensuring fairness in the field of cross-border labour mobility, fight against social dumping and improving the coordination of social security systems within the Union.
Amendment 106 #
(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;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) promote effective enforcement of EU Labour and Social rights;
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) combat unfair competition, undeclared work, letterbox companies, fraudulent postings and promote the enforcement of equal pay for equal work;
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – 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;
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) tackle cross-border wage and social dumping;
Amendment 151 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) request Member States to carry out inspections or initiate investigations. The national social partners shall be able to report possible instances of EU cross- border mobility infringements to the Authority in order to request that the national authorities carry out an investigation. The Authority shall inform the social partners as to the reasoning behind any decisions to take measures or not.
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant informationcomprehensive information and advisory services on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers, trade unions and workers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) provide information on wages and wage-setting and include information on joining a trade union;
Amendment 192 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilithelp to ensure thate cross-border enforcement procedures of penalties and fines work; elaborate, in cooperation with the Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate, to be applied and monitored by the Authority; provide assistance to recover workers' financial entitlements and to identify the place of jurisdiction;
Amendment 193 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d a (new)
Article 8 – paragraph 1 – subparagraph 2 – point d a (new)
(da) provide information to the social partners as to why the Authority decides or not to take action against a Member State.
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Authority shall facilitate cooperation between Member States in the event of cross-border market disruptions and support their fight against social dumping.
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 216 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint 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 of 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.
Amendment 227 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. Where inspections concern international transport, staff of the Authority shall have the power to carry out, in accordance with the national law of the Member State concerned, all 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;
Amendment 233 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. National social partners shall have the opportunity to request that national authorities carry out joint inspections with the ELA.
Amendment 249 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority may carry out in- depth analyses and studies to investigate specific labour mobility issues if so requested by the Stakeholder Group.
Amendment 264 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. Such a role shall not prevent the possibility of legal action at a national or European level in the future.
Amendment 270 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up. The ELA may intervene in the case of refusal by the Member State or national authority to provide information and impose sanctions. In the event of a mediation failure then the Authority shall have the right to ask the Commission to look at initiating infringement proceedings against the Member State concerned. If the Commission decides to pursue infringement proceedings then the Authority should be granted the right to litigate before the ECJ .
Amendment 295 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission. The members may be accompanied by experts to meetings of the Stakeholders Group.
Amendment 296 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multi- annual and annual programming in accordance with Commission Delegated Regulation (EU) No 1271/201373 and taking into account guidelines set by the Commission. The Stakeholder Group will be consulted on the proposal for the annual programme. _________________ 73 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).