20 Amendments of Evelyne GEBHARDT related to 2018/0064(COD)
Amendment 68 #
Proposal for a regulation
Recital 5
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, supporthelp to improve 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 disruptions. To this end, the Authority should also be able to take binding decisions and 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.
Amendment 76 #
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 85 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. However, workers' rights should be improved significantly.
Amendment 91 #
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union 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.
Amendment 112 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, social partners and the Commission 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 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.
Amendment 134 #
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 145 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objectivpurpose of the Authority shall be to contribute to ensuringpromote fair labour mobility in the internal market. To this end, the Authority shall:
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
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;
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportimprove cooperation between Member States in the cross-border enforcementconsistent, efficient and effective application of relevant Union law, including facilitating joint inspections;
Amendment 154 #
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 166 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments on issues of cross-border labour mobilityrelated to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11;
Amendment 171 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
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. and facilitate the support of employees in precarious cross-border working conditions;
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of national authorities or at its own initiative, and in order to speed up exchanges between them, in particular:
Amendment 210 #
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 222 #
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 225 #
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 inspections in 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 inspectionor of social partners' organisations or on the initiative 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 247 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. Concerted and joint actions and inspections also cover the activities in the frame of the cooperation, in the fight against fraudulent service providers, as referred to in Chapter VI of the Services Directive 2006/123/EC.
Amendment 254 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. The outcomes shall be published.
Amendment 286 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
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. The Authority shall thereby adequately involve the respective social partners and may not interfere with their autonomy.
Amendment 349 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 – introductory part
Article 46 – paragraph 1 – point 2 – introductory part
(2) in Article 72, the following point (ga) is replaced by the following:inserted: " (ga) provide the European Labour Authority with technical input and expertise when required."