81 Amendments of Marc BOTENGA related to 2022/0278(COD)
Amendment 50 #
Proposal for a regulation
Recital 1
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and), its supply chains and workers can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts; a response protecting private profits resulted in abuses of workers' rights and a lack of protection and support, impacting especially cross-border and mobile workers..
Amendment 56 #
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation .
Amendment 60 #
Proposal for a regulation
Recital 4
Recital 4
(4) Representative organisations of trade unions and economic operators have suggested that economic operatorsthey did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisito protect workers' rights and working conditions. It is necessary to improve the availability of information on national and Union level crisis response measures.
Amendment 66 #
Proposal for a regulation
Recital 5
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Marketan instrument that would look at impacts on working classes of a wide range of crises could be useful..
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market, without ever impeding or impact the right to take collective action as a fundamental workers' right.
Amendment 70 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and, its supply chains. . and workers. Such framework should respect and safeguard fundamental human rights and workers' rights.
Amendment 72 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. Trade Unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.
Amendment 72 #
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange. ; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation;
Amendment 74 #
Proposal for a regulation
Recital 9 – indent 1
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis, the protection of workers' rights and working conditions and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;
Amendment 77 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order; Trade Unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.
Amendment 80 #
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour byresponse by workers, businesses and citizens during a crisis.
Amendment 80 #
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 81 #
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and duefull respect for the role of trade unions and other relevant economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 85 #
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes. . If any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector, whether on working conditions or pay conditions, trade unions should be able to participate fully in the process, in addition to being informed and consulted before and during the implementation phase.
Amendment 86 #
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. When there are consequences for workers, both in terms of working conditions and increases and decreases in activity, trade unions of the companies and sector concerned should be able to participate fully in the process, in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. Workers who at the end of this process would change job position should be consulted, supported and trained and be entitled to compensation, including financial ones. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.
Amendment 87 #
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers without any discrimination based on nationality, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preinforcserve free movement of persons, protect workers, ensure their safety, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
Amendment 94 #
Proposal for a regulation
Recital 20
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect fundamental human rights, workers' rights, as well as the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions, especially of cross-border and frontier workers.
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. 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.
Amendment 96 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) In cases of restrictions to the free movement of workers, teleworking options should be set up when possible, particularly when it affects cross-border and frontier workers. When such options are not possible due to the nature of their tasks, workers' right to health and safety should be prioritised.
Amendment 97 #
Proposal for a regulation
Recital 21
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results of risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the right in itself, can ever be considered constituent elements of a crisis;
Amendment 100 #
Proposal for a regulation
Recital 22
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, tThe Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission mayshould consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market, while fully respecting fundamental human rights and workers' rights as set out in national, European and international law. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time- limits set out by this Regulation.
Amendment 104 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation, the compliance with fundamental human rights and workers' rights and the crisis- relevant goods or services that such measures apply to.
Amendment 105 #
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and duefull respect for the role of trade unions and other relevant economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where trade unions and economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group with will be composed of at least 50% representation of trade union organisations.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions,economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to collect marketsocio-economic intelligence;
Amendment 110 #
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes. If any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector, whether on working conditions or pay conditions, trade unions should be able to participate fully in the process, in addition to being informed and consulted before and during the implementation phase.
Amendment 113 #
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. When there are consequences for workers, both in terms of working conditions and increases and decreases in activity, trade unions of the companies and sector concerned should be able to participate fully in the process, in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. Workers who at the end of this process would change job position should be consulted, supported and trained and be entitled to compensation, including financial ones. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6, which shall be made public without delay.
Amendment 114 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons and the protection of workers exercising this right, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of trade unions and economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;
Amendment 115 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the European Social Charter and the Charter of Fundamental Rights of the European Union (the ‘Charter’), notably everyone’s right to liberty and security of person, as enshrined in Article 6. In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to choose an occupation and right to engage in work as protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter, the right to fair and just working conditions as protected by Article 31 of the Charter, and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. No emergency measure triggered under this Regulation in response to a crisis in the Single Market should be used to undermine or circumvent fundamental human rights and workers' rights as guaranteed under the Charter, the European Social Charter or international human rights instruments. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, 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. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 116 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 119 #
Proposal for a regulation
Recital 38
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions, with a special focus on workers' rights and working conditions of cross-border and frontier workers.
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. 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.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains, while fully respecting and safeguarding fundamental human rights as laid down in the European Social Charter and the Charter of Fundamental Rights of the European Union..
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights and workers' rights obligations of the Union and its Member States resulting from international human rights instruments.
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the rights in itself, can ever be considered constituent elements of a crisis;
Amendment 139 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market, with the exception of the exercise of fundamental rights, including collective actions , that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 141 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 143 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 150 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group that will be composed of at least 50% representation of trade union organisations.
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions.economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to collect marketanalyse the impact on workers' rights and collect socio-economic intelligence;
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 5 – point f
Article 4 – paragraph 5 – point f
(f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on workers' rights and working conditions as well as in the Single Market and its supply chains
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6, which shall be made public without delay.
Amendment 173 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partnetrade unions and economic operators, including SMEs, on their initiatives and actions to secure worker's rights and working conditions, to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market, including the impact of such initiatives on workers' rights and working conditions;
Amendment 179 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 181 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 185 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 186 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such deactivation shall be reported to the European Parliament without delay.
Amendment 186 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 187 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a timely, clear and unambiguous manner. In that sense, Member States shall cooperate with trade unions at local and national levels.
Amendment 188 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 188 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholderinvolve trade unions in the elaboration and implementation of such measures, including communication with social partners and international partners.
Amendment 189 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 190 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 198 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 205 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 207 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, consult the advisory group and adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 210 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law, as well as fundamental human rights and workers' rights and, in particular, with the requirements laid down in this Article.
Amendment 215 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and mobile workers, especially for cross-border and frontier workers.
Amendment 218 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 224 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a timely, clear and unambiguous manner. In that sense, Member States shall cooperate with trade unions at local and national levels.
Amendment 228 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholderinvolve trade unions in the elaboration and implementation of such measures, including communication with social partners and international partners.
Amendment 234 #
Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 242 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article39a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 248 #
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose, always respecting the workers' right to health.
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in thea Member State and safe travel is possible despite the crisis, that Member States shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace, unless such measures are explicitly justified by the protection of public health or workers’ rights.
Amendment 252 #
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, unless public health and workers' right to health require such restrictions:
Amendment 256 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, especially with workers' rights and working conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 257 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to preinforcserve free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts in so far as these measures do not undermine the exercise of fundamental rights, notably workers’ rights . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 266 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 279 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 283 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as trade unions and any parties demonstrably affected by the potential priority rated order, the opportunity to state their positionbe informed and consulted within a reasonable time limit set by the Commission in light of the circumstances of the case. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market . Workers affected by such decision whose job would change should be consulted, supported and trained as well as entitled to compensation, including financial ones.
Amendment 284 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 291 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39 a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.