Elżbieta RAFALSKA

Recital B

B. whereas the free movement of workers and the freedom to provide services are two of the four basic freedoms of the EU; whereas these freedoms are among the main achievements of EU integration; whereas the objective to enhance quality of exercise of the freedoms of the internal market in the EU was one of fundamental reasons for the establishment of ELA;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Recital E

E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections~~, struggle to effectively enforce national and EU law, especially~~ may encounter difficulties to effectively enforce EU law in cross- border situations; whereas effective enforcement in cross-border situations requires structured cooperation and information exchanges between Member States and all relevant stakeholders;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Recital G a (new)

G a. whereas the objective of establishing ELA was to address challenges such as, but not limited to, lack of appropriate support and advice for workers and employers in cross-border situations, insufficient exchange of information between national authorities responsible for the different aspects of worker mobility and coordination of social security systems, and insufficient cooperation structures at EU level in this domain;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Recital H

H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities are restricted due to the voluntary nature of the cooperation and participation of Member States; ~~whereas the legal framework of the authority prevents it from carrying out investigations on its own initiative or dealing with labour migration from non- EU countries;~~

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Recital H a (new)

H a. whereas, in accordance with Regulation 2019/1149, ELA's objectives should be clearly defined, with a strong focus on a limited number of tasks, in order to ensure that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Recital H b (new)

H b. whereas ELA's mandate should not replace or interfere with competences of national authorities, but complement them in the relevant areas indicated in Regulation 2019/1149; whereas balance between ELA's and Member States' national authorities' competences regarding law application and enforcement should be preserved;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 1 a (new)

1 a. calls for ELA to increase its effectiveness in terms of the objectives, tasks and functions assigned to it in Regulation 2019/1149; highlights the mandate entrusted to ELA to inform citizens and employers about their rights and obligations and to promote the exchange and sharing of good practices and knowledge, as well as to help mutual understanding of different national systems and practices; highlights the potential for significant improvements in reaching out to workers and providing them with information on their rights, thereby enhancing the quality of the exercise of internal market freedoms in the EU and strengthening enforcement in cross-border situations; calls for action to increase accessibility and quality of the general information provided to citizens, employers and social partner organisations on rights and obligations related to workers' mobility in the EU;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 2

2. Calls for ELA’s mandate to be ~~substantially~~ strengthened in ~~order to allow it to investigate~~terms of notifying and reporting alleged breaches or non- application of EU law and to initiate inspections on its own initiative; stresses the need to keep national competent authorities informed of any ELA investigation in their jurisdiction and to ensure that national competent authorities provide ELA with any information that it considers necessary for its investigation, without delayto relevant national authorities of Member States entitled to initiate controls, investigations or inspections; ELA provides appropriate support to these authorities before and during the controls, investigations and inspections;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 3

3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to ~~non-EU nationals~~third country nationals holding a residence and a work permit granted by a Member State; calls, therefore, for its scope to be expanded to include ~~non-EU~~third country nationals, to better support Member States in the application of relevant EU law and to explicitly take up sector-specific legislation, for example, in the transport sector;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 4

4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of ~~national and~~ EU law in the area of labour mobility are properly addressed ~~through administrative or legal procedures in the Member States; underlines that ELA should be able to bring detected breaches in front of a court of the concerned Member State~~in the Member States; stresses that cases brought to its attention by social partner organisations shall be thoroughly pursued by ELA; highlights that social partners should be able to request joint or concerted inspections by ELA and should receive a comprehensive justification in the event that the authority rejects a request;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 6

6. Calls on the Member States to recognise the added value of cooperating with ELA; recalls that national experts seconded by the Member States, including national liaison officers, ~~should help~~have a special role that includes helping and contributiong to carrying out ELA’s tasks a~~nd should not be working under the direction or supervision of their Member State; stresses the need to offer EU-level social partners the opportunity to also nominate one liaison officer each~~s well as acting as national contact points, answering enquiries from and about their Member States directly or by contacting their national administrations; recalls that national liaison officers have the right to request and receive relevant information from their Member States, with full respect for the national law or practice of their Member State;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 7

7. Notes the increase in workers from ~~non-EU~~third countries entering the EU labour market, who often find themselves in precarious working conditions; underlines that ELA should be empowered to address the situation of ~~non-EU nationals~~third country nationals holding a residence and a work permit granted by a Member State and that close cooperation with Member States and social partners is needed in this regard; points out that Member States could benefit from ELA’s ability to provide a clear overview of the migration flows of ~~non-EU~~third country workers; stresses that ELA should ~~be able to collect and access data related to non-EU nationals and~~ support Member States to better enforce existing labour mobility legislation for the ~~non-EU~~third country nationals working in the single market;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 8

8. Points out that exploitative and fraudulent practices by international actors are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying problematic practices and involved entities; re~~gret~~calls that the current ELA regulation provides nethe Authority wither a ~~sufficient legal basis for conducting operational risk analyses nor any follow-up procedures~~mandate to assess risks and carry out analyses regarding labour mobility and social security coordination across the Union, in cooperation with Member States and, where appropriate, the social partners, considering topics such as labour market imbalances, sector-specific challenges and recurring problems; recalls that ELA may also carry out focused in-depth analyses and studies to investigate specific issues; calls, in this regard, for this prerogative to be fully exercised by ELA; recalls that any infringement of EU law, including in the area of labour mobility, should entail investigations and, where appropriate, dissuasive sanctions;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 9

9. Calls for a clear provision allowing ELA to process ~~sensitive and personal~~necessary data related to investigations and operational analyses; considers it important that ELA have access to the IMI System and other relevant databases, essential for the sound performance of the tasks and objectives of the Authority, provided that data confidentiality is maintained in accordance with EU regulations; stresses that ELA also needs access to ~~all~~ national data relevant for its work, including for the purpose of concerted and joint inspections and including findings from inspections or enforcement activities by Member States;

2023/10/27
Committee: EMPL

2023/2866(RSP)

Elżbieta RAFALSKA

Paragraph 10

10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional challenges to its operations in the medium and long term; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency and jeopardise operational continuity; ~~calls, therefore, for the conversion of a sufficient number of SNE posts to permanent posts;~~

2023/10/27
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital A

A. whereas social ~~partnership~~dialogue and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model,; wh~~ose shared legacy of~~ereas social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, ~~owing to~~due to various factors such aslabour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self- employment; whereas in some Member States the existing regulations on collective bargaining are no longer in line with current reality;whereas those regulations were drawn up based on large workplaces with a large number of employees, whereas smaller businesses now prevail;whereas inmost Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, in particular when workers’ representatives, including trade unions, are actively involved in business due diligence processes; whereas sustainable corporate governance can only be achieved with employee involvement; whereas ~~work~~social partners’ voices are a ~~key~~n important component of EU initiatives to ensure sustainable and democratic corporate governance and due diligence on human rights, including with regard to labour, and on climate change and the environment, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and ~~strict~~ representational criteria; whereas the EU regulatory landscape in the field of employment law and company law ~~remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees~~is diverse;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital K

K. whereas the Council, in its conclusions of 24 October 2019 entitled ‘The Future of Work: the European Union promoting the ILO Centenary Declaration’, encouraged the Member States to continue their efforts to ratify and effectively implement the ILO conventions; whereas the Council also called on the Member States and the Commission to enhance social dialogue at all levels, including cross-border cooperation, in order to ensure the active participation of social partners in shaping the future of work ~~and achieving social justice and shared prosperity~~;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a ~~critical~~n important role in achieving better working conditions;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital O

O. whereas workers engaging in non- standard forms of work or in new forms of employment ~~suffer from a lack of representation~~do not enjoy the same range of representation as standard forms of work; whereas the emergence of new forms of employment ~~makes it difficult~~poses challenges for trade unions to recruit new members;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and striving for strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy ~~and avoid severely devaluing European sectoral social dialogue~~;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to commit to ~~reaching~~improving the collective bargaining coverage ~~of 90 % by 2030~~by promoting advantages of active participation in the workplace, with a view to improving living and working conditions in the Union, ~~contributing to upward social convergence,~~ fighting in- work poverty and social exclusion ~~and reducing wage inequality~~;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 8

8. Calls on the Member States to ~~repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organis~~adopt legislation promoting social dialogue and collective bargaining; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage~~, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment~~;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted also at sectoral level, including by supporting the capacity- building of social partners, which could be particularly beneficial for workers performing their jobs in new forms, such as through platforms, as those forms do not provide a union- friendly environment and the workers often provide work through more than one platform; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted at sectoral level, including by supporting the capacity- building of social partners; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; ~~calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;~~

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that workers are provided with qualitative representation, permanent forms of workers' representation are not displaced by ad hoc representations without permanent structures,elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based solelyon their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work domay not enjoy effective representation or participation rights in the workplace; deplores the fact that ~~this is~~it might be the case, in particular, for sectors where the majority of workers are women; ~~reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment;~~ is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan,underlines furthermore that undertakings must respect collective bargaining and information and consultation processes with unions on ~~investments, restructuring and any reform~~relevant matters affecting working conditions;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 12

12. Calls on the Commission to ~~strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses in public contracts to require~~ensure that economic operators and subcontractors tofully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoral collective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in collective bargaining;calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 14

14. Reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision of the European Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creating a transnational information and consultation process, which should be properly conducted and completed before any decisions are taken;deleted

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to ~~have at least 80 % of~~support corporations coveraged by sustainable corporate governance agreements ~~by 2030~~, including by establishing strategies ~~agreed on with workers~~ in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision- making and promote corporate governance practices that contribute to company sustainability~~, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvement~~;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;deleted

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 18

18. Calls on the Commission and the Member States to ensure the proper functioning of individual and collective labour dispute settlement systems, as recommended by various ILO conventions and recommendations, including conciliation, mediation and arbitration services, which should have simplified procedures and enough resources available to assist both workers and employers and which should be free of charge and expeditious; calls on the Member States ~~with decentralised labour mediation services to ensure that regional authorities cannot dismantle those services to guarantee a similar~~to align the level of protection for all workers and employers within the national territory;

2023/03/08
Committee: EMPL

2023/2536(RSP)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 20

20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’; considers it essential, in this regard, to adequately define ambitious EU minimum standards for information, consultation, board-level representation and the participation of workers when companies restructure across borders; calls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies, while also amending existing directives on this issue, which could help improve corporate governance;calls on the Commission to develop initiatives to raise awareness and improve knowledge of national and EU rules governing employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects;reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board-level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross-border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions; calls on the Commission and the Member States to take urgent and decisive action to ensure that EU companies respect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EU and national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).

2023/03/08
Committee: EMPL

2023/2181(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Pirkko RUOHONEN-LERNER, Elżbieta RAFALSKA

Motion for a resolution
Paragraph 3 a (new)

3 a. Notes, additionally, the involvement of the SESAR to respond to the illegal and unjustified Russian aggression against Ukraine since some traffic flows were affected, requiring the reworking of ATC operations of the JU;

2024/01/31
Committee: CONT

2023/2178(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Motion for a resolution
Paragraph 18

18. ~~Underline~~Regrets that the Court considered that the F4E’s senior management situation has remained unstable and in a significant state of transition at the end of 2022 with the departure of the director in June 2022, and the appointment of the head of the Broader Approach Department as ITER-IO Director-General in September 2022, resulting in personnel changes for four of the JU’s seven senior management positions;

2024/01/31
Committee: CONT

2023/2176(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Pirkko RUOHONEN-LERNER, Elżbieta RAFALSKA

Motion for a resolution
Paragraph 5 a (new)

5 a. Notes the EU-Rail's Master Plan and its adjustment to the Plan with the "Rail Strategic Research and Innovation Agenda" of the European Rail Research Advisory Council (ERRAC);

2024/01/31
Committee: CONT

2023/2164(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Asylum discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/12
Committee: CONT

2023/2152(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2022;

2024/02/12
Committee: CONT

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 2 a (new)

2 a. Notes that the financial year 2022 was marked by a recovery from the COVID-19 pandemic impacts on the previous two financial years, while at the same time EFCA's budget and resources continued to grow for additional tasks and projects as foreseen in its Single Programming Document for 2022; points out that the war in Ukraine could have an impact on the recognition and measurement of some assets and liabilities on the balance sheet and also on some revenue and expenses recognised in the statement of financial performance for subsequent reporting periods;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 2 a (new)

2 a. Notes that the financial year 2022 was marked by a recovery from the COVID-19 pandemic impacts on the previous two financial years, while at the same time EFCA's budget and resources continued to grow for additional tasks and projects as foreseen in its Single Programming Document for 2022; points out that the war in Ukraine could have an impact on the recognition and measurement of some assets and liabilities on the balance sheet and also on some revenue and expenses recognised in the statement of financial performance for subsequent reporting periods;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 3

3. Notes that the Agency received a EUR 29,34 million contribution under the general budget of the Union in 2022, representing an increase of 40 % in respect of 2021; points out that both the Agency’s annual budget and its complement of staff are among the lowest among Union agencies, even with the increased staff establishment plan;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 3

3. Notes that the Agency received a EUR 29,34 million contribution under the general budget of the Union in 2022, representing an increase of 40 % in respect of 2021; points out that both the Agency’s annual budget and its complement of staff are among the lowest among Union agencies, even with the increased staff establishment plan;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 7

7. Notes that, in 2022, the Agency reported 47 592 inspections (at sea and ashore), which led to the detection of ~~4854~~5167 suspected infringements, representing an decrease~~, respectively,~~ of 11 % in terms of number of inspections and increase of 1128 % ~~and 1, 5 % on~~in terms of detected infringements comparing to the 2021 figures, mainly driven by a decrease on the reported land-based inspections, but still is the second record figure in number of inspections by year; points out that that observed decreases are not necessarily linked to decrease in Member States control efforts; invites the Agency to provide more detailed information on the reasons for these changes; points out that inspections and other follow-up activities play a key role not only in the proper management of fish stocks but also in ensuring a level playing field for Union fishers;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 7

7. Notes that, in 2022, the Agency reported 47 592 inspections (at sea and ashore), which led to the detection of ~~4854~~5167 suspected infringements, representing an decrease~~, respectively,~~ of 11 % in terms of number of inspections and increase of 1128 % ~~and 1, 5 % on~~in terms of detected infringements comparing to the 2021 figures, mainly driven by a decrease on the reported land-based inspections, but still is the second record figure in number of inspections by year; points out that that observed decreases are not necessarily linked to decrease in Member States control efforts; invites the Agency to provide more detailed information on the reasons for these changes; points out that inspections and other follow-up activities play a key role not only in the proper management of fish stocks but also in ensuring a level playing field for Union fishers;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 11

11. Notes that, on 31 December 2022, the establishment plan was fully filled, with 74 temporary agents appointed out of 77 temporary agents authorised under the Union budget; takes note of the increase of staff expenses by EUR 2,1 million in comparison with 2021;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 11

11. Notes that, on 31 December 2022, the establishment plan was fully filled, with 74 temporary agents appointed out of 77 temporary agents authorised under the Union budget; takes note of the increase of staff expenses by EUR 2,1 million in comparison with 2021;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 12 a (new)

12 a. Underlines as well the importance of a balanced geographical representation among staff in order to meet one of the Commission’s fundamental goals, i.e. to be close to the citizens and to reflect the diversity of Member States;

2023/12/13
Committee: PECH

2023/2150(DEC)

Elżbieta RAFALSKA

Draft opinion
Paragraph 12 a (new)

12 a. Underlines as well the importance of a balanced geographical representation among staff in order to meet one of the Commission’s fundamental goals, i.e. to be close to the citizens and to reflect the diversity of Member States;

2023/12/13
Committee: PECH

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022 /~~ Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Jorge BUXADÉ VILLALBA, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022 /~~ Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 2
Paragraph 1

1. ~~Grants the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 2
Paragraph 1

1. ~~Grants the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Climate, Infrastructure and Environment Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 3
Paragraph 1

1. ~~Grants the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 3
Paragraph 1

1. ~~Grants the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Acting Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 4
Paragraph 1

1. ~~Grants the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 4
Paragraph 1

1. ~~Grants the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 5
Paragraph 1

1. ~~Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 5
Paragraph 1

1. ~~Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 6
Paragraph 1

1. ~~Grants the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 6
Paragraph 1

1. ~~Grants the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 7
Paragraph 1

1. ~~Grants the Director of the European Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Ryszard CZARNECKI, Joachim Stanisław BRUDZIŃSKI, Cristian TERHEŞ, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER

Proposal for a decision 7
Paragraph 1

1. ~~Grants the Director of the European Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2022 /~~ Postpones its decision on granting the Director of the European Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 5 a (new)

5 a. Condemns the lack of transparency from the Commission and pharmaceutical companies in the development, purchase and distribution of COVID-19 vaccines;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 5 a (new)

5 a. Condemns the lack of transparency from the Commission and pharmaceutical companies in the development, purchase and distribution of COVID-19 vaccines;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 5 b (new)

5 b. Notes with concern that, to date, the Commission has not make available, not only to the public, but not even to the Members of the European Parliament, the non-redacted versions of the contracts signed with the producers of the COVID- 19 vaccine;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 5 b (new)

5 b. Notes with concern that, to date, the Commission has not make available, not only to the public, but not even to the Members of the European Parliament, the non-redacted versions of the contracts signed with the producers of the COVID- 19 vaccine;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 171 – point i d (new)

(i d) immediately publish the non- redacted versions of the Purhase Agreements for the COVID-19 vaccines;

2024/02/13
Committee: CONT

2023/2129(DEC)

Cristian TERHEŞ, Ryszard CZARNECKI, Elżbieta RAFALSKA, Pirkko RUOHONEN-LERNER, Joachim Stanisław BRUDZIŃSKI

Motion for a resolution
Paragraph 171 a (new)

171 a. be more proactive in publishing documents and statistics regarding how they handle document access requests, as such information would help with assessing the institutions’ proactive approach to document access; calls that an application for access to a document must be handled promptly;

2024/02/13
Committee: CONT

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Citation 1 a (new)

– having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 33(1) thereof,

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Recital A a (new)

A a. whereas both the European Union and the Member States must guarantee the legal, economic and social protection of the family;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Recital A b (new)

A b. whereas the family is the fundamental nucleus of society;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Recital E

E. whereas children, parents, foster families and carers should be protected from discrimination, such as discrimination on grounds of sex, language, sexual orientation, religion or belief, political or ideological beliefs, national, racial, ethnic or social origin, belonging to a national minority, economic situation, disability, age or any other status, and children from vulnerable population groups are at greater risk of marginalisation, poverty and social exclusionequal opportunities for families and for children should be promoted;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Paragraph 1 a (new)

1 a. Recognizes the importance of the family as an element of cohesion in society.

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Paragraph 2 a (new)

2 a. Calls on the Commission and the Member States to put the impact on the family at the centre of their education and childcare policies;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Paragraph 7

7. Recommends that the Member States ensure that all children have access to formal and non-formal, public~~, free~~ or private, free or fiscally subsidized, inclusive and quality education at all ages;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Paragraph 8

8. Stresses, in view of the difficulties in accessing early childhood care in most Member States, the need for investment in early childhood education and care services, thereby creating or bolstering a public~~, universal and free response~~ or private, universal response available to anyone who wishes, either free or fiscally subsidized, from the very beginning of the education process;

2023/07/03
Committee: EMPL

2023/2066(INI)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Paragraph 14

14. Stresses the need to invest in support and follow-up for ~~children and young asylum seekers, their families and host institu~~the social and labour market integration of children and young people from third countries who reside legally in the respective Member States, embracing the latters' cultures and traditions;

2023/07/03
Committee: EMPL

2023/0393(COD)

Elżbieta RAFALSKA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Recital 2

(2) To help Member States respect and fulfil their national equal treatment and non-discrimination obligations vis-à-vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States in line with national law and practice, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effective participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State in line with national law and practice, and who are entitled to move or travel to other Member States in accordance with Union law.

2024/02/06
Committee: EMPL LIBE

2023/0393(COD)

Elżbieta RAFALSKA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Recital 3

(3) Therefore, Member States shall take the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s) and making use of assistance animals that should not endanger the life or health of others, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law.

2024/02/06
Committee: EMPL LIBE

2023/0393(COD)

Elżbieta RAFALSKA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Recital 8

(8) Since the objective of this Directive, namely to facilitate the ~~possibilities to~~free move,ment or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), who are third-country nationals legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

2024/02/06
Committee: EMPL LIBE

2023/0393(COD)

Elżbieta RAFALSKA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 1 – paragraph 1

Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals legally residing in their territory and not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including personal assistant(s) within the meaning Article 3 point (d) of that Directive.

2024/02/06
Committee: EMPL LIBE

2023/0393(COD)

Elżbieta RAFALSKA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 1 – paragraph 1

Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence in line with national law and practice, as well as to persons accompanying or assisting them, including personal assistant(s) within the meaning Article 3 point (d) of that Directive.

2024/02/06
Committee: EMPL LIBE

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 10

(10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement. The definitions of disability and the criteria used to assess disability in the Member States are closely linked to the social security system in place in each country, which determines access to, for example, a protected labour market or benefits for persons with disabilities and their carers.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 14 a (new)

(14 a) In view of both demographic changes and the need to increase the mobility of persons with disabilities, Member States should increase measures aimed at improving the accessibility of public spaces and infrastructure and adjusting them to the needs of persons with disabilities.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 15

(15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, or making use of assistance animals that must not endanger the life or health of others, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 15

(15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives, social and economic integration and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 16

(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities to be able to access various services, activities or facilities and to ~~better experience~~derive maximum benefit from them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card or any other formal document recognising their disability status issued there.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 17

(17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross- border movement in the EU for a short period as well as the fact that the card’s objectives continue to be relevant to the current needs of persons with disabilities 50 . In addition, it included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities. _________________ 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication- detail/-/publication/4adbe538-0a02-11ec- b5d3-01aa75ed71a1/language-en.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 18

(18) On the basis of their disability status in accordance with national law and practice, persons with disabilities may apply for a parking card to competent authorities in the Member State in which they reside for the issuance of a parking card for person with disabilities which recognises the right to certain parking conditions and facilities reserved for persons with disabilities. Each Member State has in place an application procedure, be it at local, regional or national level, to obtain a parking card for person with disabilities (or person(s) accompanying or assisting them including personal assistant(s)) and criteria which must be fulfilled in order to be eligible.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 23

(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern a wide variety of ever-changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport~~, education~~.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 36

(36) Member States should take appropriate measures and provide for effective, proportionate and dissuasive penalties in the event of breaches or failure to comply with the obligations laid down in this Directive and that relates to the rights which are within its scope. Such penalties can include administrative and financial sanctions, such as fines or the payment of compensation, as well as other types of penalties in line with national law and practice.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 37

(37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter. Notably, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social, economic and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “persons with disabilities” means persons who in line with national law and practice have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) Union citizens and family members of Union citizens whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s) and including sign language interpreter(s) as indicated by the letter “A” on their European Disability Card, or by assistance animals,

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 7 – paragraph 5

5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities replaces all existing valid parking cards, issued in accordance with the Council Recommendation on parking cards for persons with disabilities58 at national, regional or local level atupon the ~~latest by dd/mm/yy [~~request for its issuance, and in any case within 3 years from the date of application of this Directive]. . _________________ 58 Council Recommendation of 4 June 1998 (98/376/EC) OJ L 167/25,12.6.1998 as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008.

2023/11/23
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall adopt and publish, by dd/mm/yy [within 1824 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

2023/11/10
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [306 months from the date of entry into force of this Directive].

2023/11/10
Committee: EMPL

2023/0311(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Annex I – paragraph 2

BACK SIDE National information in the national language or national languages to be decided by the issuing Member State, in line with national law and practice, e.g. degree of disability.

2023/11/10
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘employee’ means any person irrespective of his/her nationality, residency or how long he/she has worked in the Member State who has a direct employment ~~contract~~relationship with an enterprise ~~(whether the agreement is formal or informal)~~ and receive remuneration, irrespective of the type of work performed, the number of hours worked (full-time or part-time) and the duration of the contract (fixed or indefinite, including seasonal); the remuneration of an employee can take the form of wages and salaries, including bonuses, pay for piecework and shift work, allowances, fees, commission and remuneration in kind;

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘employee’ means any person irrespective of his/her nationality, residency or how long he/she has worked in the Member State who has a direct employment ~~contract~~relationship with an enterprise ~~(whether the agreement is formal or informal)~~ and receive remuneration, irrespective of the type of work performed, the number of hours worked (full-time or part-time) and the duration of the contract (fixed or indefinite, including seasonal); the remuneration of an employee can take the form of wages and salaries, including bonuses, pay for piecework and shift work, allowances, fees, commission and remuneration in kind;

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘employer’ means an enterprise or a local unit that has a direct employment ~~contract~~relationship with an employee ~~(whether the agreement is formal or informal)~~;

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘employer’ means an enterprise or a local unit that has a direct employment ~~contract~~relationship with an employee ~~(whether the agreement is formal or informal)~~;

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 3

3. The Commission is~~hall be~~ empowered to adopt delegated acts in accordance with Article 13 to amend the list of the detailed topics~~, the periodicity, the reference periods and the transmission deadlines set out in the Annex~~ as set out in the Annex. The delegated acts shall be adopted at least 24 months before the beginning of the relevant reference period.

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 3

3. The Commission is~~hall be~~ empowered to adopt delegated acts in accordance with Article 13 to amend the list of the detailed topics~~, the periodicity, the reference periods and the transmission deadlines set out in the Annex~~ as set out in the Annex. The delegated acts shall be adopted at least 24 months before the beginning of the relevant reference period.

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 4

4. When exercising power to adopt delegated acts pursuant to paragraph 3 of this Article, the Commission shall ensure that ~~the amendments do not~~: (a) the delegated acts aim to achieve cost and burden neutrality or reduction and do not, in any case, impose a significant a~~nd disproportionate~~dditional cost or burden on the Member States ~~and~~or on the respondents~~. For this purpose, feasibility studies as set out in Article 9 shall be launched and their results duly assessed and taken~~; (b) a maximum of two detailed topics are replaced by another detailed topic and a maximum of one detailed topic in total for all domains listed in the Annex is added over a period of ten consecutive years; (c) any new detailed topic shall be assessed with respect to its feasibility by means of pilot studies carried out by the Commission (Eurostat) and the Member States into acco~~unt~~rdance with Article 9.

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 4

4. When exercising power to adopt delegated acts pursuant to paragraph 3 of this Article, the Commission shall ensure that ~~the amendments do not~~: (a) the delegated acts aim to achieve cost and burden neutrality or reduction and do not, in any case, impose a significant a~~nd disproportionate~~dditional cost or burden on the Member States ~~and~~or on the respondents~~. For this purpose, feasibility studies as set out in Article 9 shall be launched and their results duly assessed and taken~~; (b) a maximum of two detailed topics are replaced by another detailed topic and a maximum of one detailed topic in total for all domains listed in the Annex is added over a period of ten consecutive years; (c) any new detailed topic shall be assessed with respect to its feasibility by means of pilot studies carried out by the Commission (Eurostat) and the Member States into acco~~unt~~rdance with Article 9.

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c

~~(c) precision targets;~~deleted

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c

~~(c) precision targets;~~deleted

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point e

~~(e) the data collection periods.~~deleted

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point e

~~(e) the data collection periods.~~deleted

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Statistics under this Regulation shall be compiled for ~~one or more of~~ the following statistical units:

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Statistics under this Regulation shall be compiled for ~~one or more of~~ the following statistical units:

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. For topic~~s labour cost index, referred to in Article 4(1), point (b)(ii) and~~ job vacancies, referred to in Article 4(1), point (c)(i), the statistical population shall consist of all enterprises or all local units that are resident of the Member State and which fulfil the following conditions:

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. For topic~~s labour cost index, referred to in Article 4(1), point (b)(ii) and~~ job vacancies, referred to in Article 4(1), point (c)(i), the statistical population shall consist of all enterprises or all local units that are resident of the Member State and which fulfil the following conditions:

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 5 – introductory part

5. For the topics structure of labour costs, referred to in Article 4(1), point (b)(i), labour cost index, referred to in Article 4(1), point (b)(ii), the statistical population shall consist of all local units that are resident of the Member State and which fulfil the following conditions:’

2024/01/19
Committee: EMPL

2023/0288(COD)

Beata SZYDŁO, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 5 – introductory part

5. For the topics structure of labour costs, referred to in Article 4(1), point (b)(i), labour cost index, referred to in Article 4(1), point (b)(ii), the statistical population shall consist of all local units that are resident of the Member State and which fulfil the following conditions:’

2024/01/19
Committee: EMPL

2023/0155(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 3

(3) However, the specificities of the occasional road passenger transport sector are not shared by the road freight transport or the regular road passenger transport sector, what influences the character of drivers' work in this sector. Occasional road passenger transport is characterised by high seasonality and different lengths of time spent driving which depend on the touristic activities undertaken by passengers. It needs to accommodate unscheduled and impromptu requests from passengers in terms of additional stops and changes of the route or the schedule, wherever feasible. Occasional road passenger transport generally involves less driving time when compared to freight transport or regular bus services. In addition drivers usually sleep in hotels, and seldom drive at night. On the other hand, drivers during the working time may be subject to some additional activities, often resulting from interactions with passengers. The work of drivers in the occasional passenger transport sector is characterised by its more dynamic nature and the need to react frequently to unforeseen situations as well as requires drivers to be more adaptable. In addition, it involves the drivers' responsibility for the safety of the passengers they carry, requires good physical fitness, mental fitness, resistance to stress and a high level of concentration.

2023/09/21
Committee: EMPL

2023/0155(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 6

(6) More flexible rules in the scheduling of the breaks and rest periods of drivers engaged in occasional road passenger transport services can make a positive contribution by making journeys more compatible with the natural course of journeys, increasing the comfort of drivers, reducing the time drivers spend away from home and making better use of passengers' time at the same time, but should in no way jeopardise the safety of drivers, road safety, increase the level of fatigue of drivers or lead to a deterioration in working conditions. Such flexibility should therefore not alter the current rules on the total minimum breaks, on maximum driving periods per day and per week and on the maximum fortnightly driving time.

2023/09/21
Committee: EMPL

2023/0155(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 8

(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly, which is essential for enhancing security of drivers and passengers. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into three separate breaks of at least 15 minutes each, in addition to the other possibility of splitting a break.

2023/09/21
Committee: EMPL

2023/0138(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2

The national medium-term fiscal-structural plan shall also describe the actions of the Member State concerned to address the relevant country-specific recommendations, including those that are relevant for the Macroeconomic Imbalances Procedure, and the warnings by the Commission, where applicable, or the recommendations by the Council, where applicable, made pursuant to Article 121(4) TFEU.

2023/09/29
Committee: EMPL

2023/0138(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 12 – paragraph 1 – point b

(b) ~~explain how it will ensure the delivery of~~include investment and reforms responding to the main challenges identified within the European Semester, in the relevant country-specific recommendations, ~~correct the identified m~~including those relevant for the Macroeconomic iImbalances ~~under the Macroeconomic~~Procedure or under the Excessive Imbalances Procedure ~~if applicable~~, and address the common priorities of the Union referred to in Annex VI of this Regulation~~, including~~: the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmaps and the Strategic Compass for Security and Defence;

2023/09/29
Committee: EMPL

2023/0033(COD)

Elżbieta RAFALSKA

Proposal for a directive
Recital 7

(7) Oral and inhalation exposure are both relevant routes for the uptake of lead and its inorganic compounds into the human body. Taking into account the most recent scientific data and new findings with regard to lead and its inorganic compounds, it is necessary to improve the protection of workers exposed to a potential health risk, by reducing both the occupational exposure and biological limit values for lead. Therefore, a revised biological limit value equal to 1520 µg/100ml blood, accompanied by a revised occupational exposure limit value equal to 0.03 mg/m3 as an 8-hour time-weighted average (TWA) should be established. For both the permissible biological limit value (BLV) and the occupational exposure limit value for lead, it is necessary to provide Member States with a transition period of 10 years from the entry into force of the Directive. In order to demonstrate a gradual reduction of the BLV, Member States should reach a value of 35 µg/100 ml blood 5 years after the entry into force of the Directive. Such a transition period is necessary in view of the need to adapt to the new reduced exposure limit values.

2023/06/08
Committee: EMPL

2023/0033(COD)

Elżbieta RAFALSKA

Proposal for a directive
Recital 7 a (new)

(7a) The need for transition periods arises from the organisational and technological changes and the high costs of production transformation that will arise from the lowering of occupational exposure limit values. In order to ensure an adequate level of protection of workers and monitoring of the limit values, it is necessary to introduce fundamental changes in the production processes, in particular in the production of lead from primary sources, i.e. based on the processing of metal concentrates containing lead and its inorganic compounds.

2023/06/08
Committee: EMPL

2023/0033(COD)

Elżbieta RAFALSKA

Proposal for a directive
Recital 7 b (new)

(7b) The introduction of a 10-year transition period is also necessary for environmental policy reasons. The inability to comply with the new reduced exposure limit values without a transition period would lead to an uncontrolled expansion of hazardous waste landfills for lead-bearing materials.

2023/06/08
Committee: EMPL

2023/0033(COD)

Elżbieta RAFALSKA

Proposal for a directive
Recital 7 c (new)

(7c) Financial support from the Commission is necessary to meet the financial demands on Member States to lower the limit values. In addition, a wide- ranging research programme on occupational exposure to lead in the European Union, involving the national research institutes of the Member States responsible for the protection of workers’ health, is necessary to improve knowledge of existing occupational exposure to lead.

2023/06/08
Committee: EMPL

Anna ZALEWSKA, Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Recital O

O. whereas there is growing demand for work in the digital field and skills related to it; whereas between 2020 and 2021, the workplaces of 44% of EU+ (EU- 27 plus Norway and Iceland) adult workers adopted new digital technologies; 13a; _________________ 13a Cedefop contribution to the European Parliament’s Own Initiative Reports (INI).

2023/05/05
Committee: EMPL

2022/2207(INI)

Motion for a resolution
Paragraph 84

84. Notes that, in 2021, the overall cost of technical solutions to allow remote voting sessions amounted to EUR 1 275 500, including an extension of the plenary applications (EUR 120 000), the development of the EPvote application (EUR 233 500), IT support to Members (EUR 529 200), to deploy the eVoting system (EUR 250 000) and ad-hoc services to allow Members’ participation from EPLOs (EUR 142 800); ~~points out~~takes note of the importance of all of the IT systems that ensure proper remote functioning of the Parliament, points out, however, that all innovations implemented will require an investment for their maintenance in view of future uses;

2023/02/07
Committee: CONT

2022/2082(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Elżbieta RAFALSKA

111a. Calls for an end to the use of external companies that are, according to Yale University's ranking1a, continuing to operate in Russia; _________________ 1a https://som.yale.edu/story/2022/over- 1000-companies-have-curtailed- operations-russia-some-remain

2023/02/07
Committee: CONT

2022/2081(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Joachim Stanisław BRUDZIŃSKI, Elżbieta RAFALSKA, Jorge BUXADÉ VILLALBA

Proposal for a decision 2
Paragraph 1

1. ~~Grants the Interim Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 /~~ Postpones its decision on granting the Interim Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;

2023/03/08
Committee: CONT

2022/2081(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Joachim Stanisław BRUDZIŃSKI, Elżbieta RAFALSKA, Jorge BUXADÉ VILLALBA

Proposal for a decision 4
Paragraph 1

1. ~~Grants the Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 /~~ Postpones its decision on granting the Director of the European Education and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;

2023/03/08
Committee: CONT

2022/2081(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Joachim Stanisław BRUDZIŃSKI, Elżbieta RAFALSKA, Jorge BUXADÉ VILLALBA

Proposal for a decision 5
Paragraph 1

1. ~~Grants the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 /~~ Postpones its decision on granting the Director of the European Innovation Council and SMEs Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;

2023/03/08
Committee: CONT

2022/2081(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Joachim Stanisław BRUDZIŃSKI, Elżbieta RAFALSKA, Jorge BUXADÉ VILLALBA

Proposal for a decision 6
Paragraph 1

1. ~~Grants the Acting Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 /~~ Postpones its decision on granting the Acting Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;

2023/03/08
Committee: CONT

2022/2081(DEC)

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Joachim Stanisław BRUDZIŃSKI, Elżbieta RAFALSKA, Jorge BUXADÉ VILLALBA

Proposal for a decision 7
Paragraph 1

1. ~~Grants the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021 /~~ Postpones its decision on granting the Director of the European Health and Digital Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2021;

2023/03/08
Committee: CONT

2022/2051(INL)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN, Beata SZYDŁO, Anna ZALEWSKA

Draft opinion
Paragraph 1

1. In order to ~~make social Europe a reality~~implement what is provided for in titles IX, X and XI of part three of the TFEU, and given the lessons from the pandemic and the war in Ukraine on the close interlinkages between our economic and ~~welfare/~~social systems, it should be ensured that ~~social rights are fully protected and safeguarded in case of conflict with economic freedoms, including by revis~~both the social and economic dimensions are balanced, as provided for ing the ~~current governance framework. As set out in previous European Parliament resolutions, p~~social market economy clause of article 3(3) of TEU. Possible tools to this effect include: - ~~integrat~~having the European Social Pillar as a guideline t~~he Treaties1 - introdu~~o national social policy - reinforcing ~~a S~~social ~~Progress Protocol to the Treaties2 - adopting a Sustainable Development and S~~dialogue at national level - sharing best practice among Member States on social Pprogress ~~Pact making social and sustainable targets mandatory as part of a governance framework for a social and sustainable Europe~~- calling for a high-level summit on social issues during the upcoming Swedish presidency in the first half of 2023. ________________________~~_ 1 European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI)) , paragraph 6 2 Ibid, paragraph 6 3 Ibid, paragraph 6~~

2022/10/17
Committee: EMPL

2022/2051(INL)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN, Beata SZYDŁO, Anna ZALEWSKA

Draft opinion
Paragraph 2

2. Further, the EU should move away from unanimity and special legislative procedures in order to enable EU action in areas where currently, due to the relevant decision-making provisions/scope of the Treaties, it has proved difficult/impossible, notably in areas falling under the EMPL Commitconfirm unanimity being the EU basic rule to enable coordinated action between Member States and to avoid the imposition of a majority of same over a minority, as the Member Statees remit, and in order to further increase democratic decision-making. As already set out in previous European Parliament resolutions, possible tools to this effect include: - making more social policy areas fall under the qualified majority decision process, in particularain the masters of the EU primary law. With regards to special legislative procedures, they should be maintained where such unanimity of Member States does not provide otherwise. Possible changes regarding employment and social affairs include: - reinforcing national competence on non-discrimination, social protection of workers ~~(apart from cross-border situations)~~, protection of workers whose employment contract has been terminated, the representation and collective defence of the interests of workers and employers, as well as conditions ofor employment for third-country nationals legally residing in the EU4; ~~this can also be achieved by using the passerelle clauses5; - involving the European Parliament in defining~~- incorporating the best practices of the respective Member States in the definition of the Integrated Guidelines for Growth and Jobs ~~on an equal footing with~~by the Council in the guidelines for the employment policies of the Member States ~~to achieve equal footing with the Council6, - applying the Community method to the Semester pro~~; - avoid the expansion of the Semester process over employment and social affairs, as these lie mainly with national competencess, and making it subject to an agreement between the Council and the European Parliament7. _________________________ 4 5 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI)), paragraph 7 6 resolution of 10 July 2020 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2020)0070 – C9-0079/2020 – 2020/0030(NLE)) , Amendment 11 7could introduce a dangerous risk to the balance of EU power due to the ambiguous nature and scope of such social affairs. ____________________________ Ibid, paragraph 6 European Parliament resolution of European Parliament legislative See above n. 1, paragraph 6

2022/10/17
Committee: EMPL

2022/2051(INL)

Elżbieta RAFALSKA, Margarita DE LA PISA CARRIÓN, Beata SZYDŁO, Anna ZALEWSKA

Draft opinion
Paragraph 3

3. In order to ensure that ~~upward social convergence is accelerated, proper~~Member State nationals regain confidence in the EU, proper assignment, disbursement and use should be made of the EU funds as well as of the tools developed during recent criseis, notably the pandemic. ~~As set out in previous European Parliament resolutions, p~~Possible tools to this effect include: - closer monitoring of the use of funds, sincluding democratic oversight by Parliament8 - emergency clauses and flexibility9 - stabilising an increased level of EU investment to foster upward convergence in the area of social policies10 - a temporary European social resilience package11. ________________________________ 8 European Parliament resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrume the ex-post monitoring so far carried out by the European Commission has so far proved rather weak, and including democratic and fair oversight by Parliament, so that no Member States are discriminated - legal responsibility on behalf of the president ~~and~~of the Rule of Law Regulation (2020/2923(RSP), paragraph 8 9 European Parliament resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine – reinforcing the EU’s capacity to act (2022/2653(RSP)) , paragraphs 34, 35 10 Ibid, paragraph 12 11 Ibid, paragraph 24European Commission if such official does not take funds-related decisions according to the EU acquis deleted - a reassignment of the EU budget rather than an increase of same whenever a temporary European social package needs to be put in place. _____________________________

2022/10/17
Committee: EMPL

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 3

3. Highlights that~~, in the short term,~~ large-scale humanitarian aid in Ukraine and financial support to Member States receiving and helping to settle people fleeing the conflict are needed to address the impact of the war against Ukraine;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 14

14. Underlines that the unanimity requirement for adoption of the MFF Regulation impedes the necessary decisions in the revision process; calls, in that regard, on the European Council to activate the passerelle clause set out in Article 312(2) TFEU to allow for adoption of the MFF Regulation by qualified majority;Deletion

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 20

20. Reiterates its position that the Social Climate Fund must be fully incorporated into the EU budget and within the MFF ~~without negatively impacting other programmes and funds under this heading, bearing in mind the importance of ensuring food security and delivering on~~provided that there is an automatic MFF adjustment mechanism so that SCF budget is fully dynamic and reflects the Greven ~~Deal; calls for the ceiling of Heading 3 to be adjusted accordingly~~ues from auctioned allowance;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 21

21. Emphasises that the war against Ukraine has placed unexpected demands on the Asylum, Migration and Integration Fund, the Border Management and Visa Instrument (BMVI) and the decentralised agencies in Heading 4; expresses further concern, furthermore, that successive Commission proposals for agency mandate extensions are eroding the BMVI’s financial envelope; calls for the ceiling of Heading 4 to be increased significantly to reflect the real financing needs of the Union’s migration and border management;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 23

23. Deplores the fact that, even prior to the war against Ukraine, funds available under Heading 6 were woefully inadequate and that pressure has since increased substantially; underlines that the continued funding for the needs of refugees from Syria, Iraq and other countries was not factored into the MFF or NDICI-Global Europe negotiations and should therefore have been financed by fresh appropriations with a corresponding increase in the ceiling of Heading 6~~; highlights that, owing to the risk of default on MFA loans provided to Ukraine, a~~, also to strengthen Instrument faor ~~higher rate of provisioning than the standard 9 % is likely to be required as further loans are rolled out~~Pre- Accession given the new candidate countries; underlines that additional needs in Ukraine must not lead to money being diverted away from other geographic regions in need; insists, therefore, on an increase in the ceiling for Heading 6 to fully cover the current and projected future needs of the Union’s external action, which have dramatically increased both in neighbouring countries and worldwide as a result of the food, energy and economic crises;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 27

27. Points out that MFF and own resources are interlinked; emphasises, in this context, the need for sustainable ~~and~~ resilient and non-regressive revenue for the EU budget; recalls that, in the IIA, Parliament, the Council and the Commission committed to introducing sufficient new own resources to at least cover the repayment of EURI debt;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Elżbieta RAFALSKA

Draft report
Paragraph 28

28. Underlines that the temporary and short-term flexibility introduced into cohesion policy funds through the series of Cohesion’s Action for Refugees in Europe (CARE) proposals provided some helped to Member States ~~to deal quickly with the impact of the war against Ukraine~~, but for some Member States still insufficient for the scale of needs, following on from the model of the Coronavirus Response Investment Initiatives, CRII and CRII+, which enabled EU action at the beginning of the COVID- 19 pandemic;

2022/09/28
Committee: EMPL BUDG

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 2

(2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. Does not affect the English version.) Or. es Justification

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 3

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. In accordance with its legal basis, for the purposes of this Directive, equality shall mean the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23–36). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1)–6.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 17

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure that the internal structure of equality bodies allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision-making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.Does not affect the English version.)

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 18

(18) The lack of ~~appropriate~~balanced resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive ~~sufficient~~balanced funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be ~~stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation~~balanced and planned on a multi-annual basis. To ensure that equality bodies are provided with ~~sufficient~~balanced resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expandedResources of equality bodies should ensure the latter's efficient functioning. The multiplication of equality bodies in the same Member State is not considered to be good practice.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 19

(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with ~~appropriate~~balanced digital resources, be it directly or by way of subcontracting. The due digitalisation of equality bodies should increase their efficiency.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, ~~demonstrating the need for positive action~~ensuring equal opportunities, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 44 a (new)

(44a) The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Recital 46 a (new)

(46a) Equality bodies must not restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. For the purposes of this Directive, equality means the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively and efficiently, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties, and equal~~ity mainstreaming and positive action~~ opportunities mainstreaming among public and private entities.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 5 – paragraph 2

In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality~~, residence status~~ or their lack of access to online tools.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 5 – paragraph 2 a (new)

The Member States shall observe the principles of proportionality and efficiency to ensure that the effects of the equality bodies’ prevention, promotion and awareness-raising strategies are not excessive.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 9 – paragraph 3

3. Where their national law allows, Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 12 – paragraph 1 a (new)

The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors. Nor must they restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.

2023/09/08
Committee: EMPL FEMM

2022/0400(COD)

Margarita DE LA PISA CARRIÓN, Elżbieta RAFALSKA

Proposal for a directive
Article 16 – paragraph 3

3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. That report shall also include the practices carried out by equality bodies outside the European Union.

2023/09/08
Committee: EMPL FEMM

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 3 a (new)

(3a) The European Union recognizes the significant role of family businesses in the EU economy and promotes the creation of a favourable environment where they can grow and develop. The EU encourages national governments to support entrepreneurial education. Apart from entrepreneurial education, one of the main challenges faced by family businesses is attracting and retaining a skilled workforce. Family businesses make up more than 60% of all companies in Europe, ranging from un-listed, small sole proprietors to large international enterprises.

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 4

(4) Low skills of working-age adults remain a significant challenge for the Union, pointing to considerable untapped potential of upskilling and reskilling to help mitigate increasing labour shortages in sectors such as manufacturing and services, and in particular in economic activities related to hospitality and manufacturing of computer and electronic equipment, and the care sector.25 However, participation in adult learning in the Union has stagnated over the last decade and 21 Member States fell short of the 2020 EU-level target. For many adults, such as those in atypical forms of work, older workers, employees of small and medium-sized enterprises, the unemployed, the inactive and the low- qualified, skills development opportunities are too often out of reach. Increasing the lifelong learning, upskilling and reskilling opportunities for these groups, and all working-age adults, also contributes to reaching the EU employment target of 78%, with employment rate in the EU in 2021 being at 73.1%.26 _________________ 25 European Commission, 2021 Labour Market and Wage Developments in Europe, p. 26 26 Eurostat, Employment (as % of the population aged 20 to 64), (LFSI_EMP_A)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 13

(13) A major problem of the economy is the mismatch between the competences possessed by employees and the requirements of the modern labour market. Therefore, the adaptation of curricula to the competences and skills expected by the labour market is the main challenge for the education systems. The Council Recommendation on vocational education and training (VET)38 supports modernisation of VET systems to equip young people and adults with the knowledge, skills and competences they need to thrive in the evolving labour market and society, to manage the recovery and the just transitions to the green and digital economy, in times of demographic change and throughout all economic cycles. It promotes VET as a driver for innovation and growth, which is agile in adapting to labour market changes and providing skills for occupations in high demand. _________________ 38 Council Recommendation of 24 November 2020 on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (OJ C 417 2.12.2020, p. 1)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 13 a (new)

(13a) The Digital Volunteers Pilot Programme supports European SMEs in their digital transformation journey by growing their employees' digital competences, owing to the collaboration with skilled mentors from larger businesses and enables young qualified people and experienced senior citizens to share their digital skills with traditional businesses. With the demographic change, further development of volunteering and mentoring to transfer knowledge between generations in order to counteract social exclusion, allow the sharing of skills and experience, encourage the upgrading of the skills of younger and older workers and preserve traditional crafts as part of Europe’s heritage is of utmost importance.

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 14

(14) Skills for the green transition and the upskilling and reskilling of the workforce will be needed in the context of the shift to a modern, resource-efficient and competitive economy, as laid out under the European Green Deal39 setting the path towards EU climate neutrality by 2050. The Commission Communication “Fit for 55”40 recognises that the green transition can only succeed if the Union has the skilled workforce it needs to stay competitive and points to the flagship actions of the Skills Agenda to equip people with the skills that are needed for the green and digital transitions. _________________ 39 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - The European Green Deal (COM/2019/640 final) 40 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Fit for 55: delivering the EU's 2030 Climate Target on the way to climate neutrality (COM(2021) 550 final)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 15

(15) In Europe, more than 90% of professional roles require a basic level of digital knowledge, just as they require basic literacy and numeracy skills. The use of digital tools is spreading across all sectors from business to transport and even to farming. However, around 42% of Europeans lack basic digital skills, including 37% of those in the workforce1c. The Digital Decade Policy Programme 203041 reiterates the objective of ensuring that at least 80% of the EU population have at least basic digital skills by 2030, and sets the target of 20 million employed ICT specialists, with the aim of achieving gender convergence, by 2030, also by creating a cooperation framework between the Member States and the Commission. The Digital Decade42 stresses the lack of capacity of specialised education and training programmes to train additional ICT experts. The Digital Education Action Plan 2021-202743 emphasises that technological means should be used to ease accessibility and strengthen flexibility of learning opportunities, including upskilling and reskilling. _________________ 1c European Commission, Shaping Europe’s Digital Future 41 Proposal for a Decision of the European Parliament and of the Council establishing the 2030 Policy Programme “Path to the Digital Decade” (COM/2021/574 final) 42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions; 2030 Digital Compass: the European way for the Digital Decade (COM (2021)118 final) 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Digital Education Action Plan (COM/2018/022 final)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 17

(17) Attracting skilled third-country nationals can contribute to tackling the Union’s skills and labour shortages. The demographic change and other societal and economic factors are gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable with an expected rise of old- age dependency ratio to increase from 29.6 % in 2016 to 51.2 % in 20701b, there are also quantitative shortages in particular in strategic areas such as artificial intelligence (AI) and information and communication technologies(ICTs) as well as a general shortfall in the number of people who are willing and able to take up employment in specific sectors, including the care sector, the construction industry, the agricultural sector and the domestic sector. In October 2021, the revised EU Blue Card Directive45 entered into force, a key achievement for attracting highly skilled talent into the labour market. The New Pact on Migration and Asylum46 also places a strong emphasis on labour migration and on integration of third country nationals. Against this background, the Commission adopted a Skills and Talent Package47 in April 2022 to reinforce the legal framework and Union action in this area. Proposals to recast the Long- Term Residents Directive and the Single Permit Directive will allow to simplify the procedures for the admission of workers of all skill levels to the Union. The Commission will also continue to roll out an EU Talent Pool to facilitate labour matching with non-EU nationals. The Commission is also working towards the launch of tailor-made Talent Partnerships with specific key partner countries to boost international labour mobility and development of talent in a mutually beneficial and circular way. In addition, the Union continues to be the leading contributor to global funding for education focusing especially on teacher training, girls education and vocational education and training. This work, under the umbrella of the Global Gateway strategy48 , is complementary to the objectives of this proposal. _________________ 1b European Commission (2018). The 2018 Ageing Report: economic and budgetary projects for the 28 EU Member States (2016-2070) 45 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1) 46 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum (COM/2020/609 final) 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Attracting skills and talent to the EU (COM/2022/657 final) 48 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 17

(17) Attracting skilled third-country nationals can contribute to tackling the Union’s skills and labour shortages. In October 2021, the revised EU Blue Card Directive45 entered into force, a key achievement for attracting highly skilled talent into the labour market. The New Pact on Migration and Asylum46 also places a strong emphasis on labour migration and on integration of third country nationals. Against this background, the Commission adopted a Skills and Talent Package47 in April 2022 to reinforce the legal framework and Union action in this area. Proposals to recast the Long- Term Residents Directive and the Single Permit Directive will allow to simplify the procedures for the admission of workers of all skill levels to the Union. The Commission will also continue to roll out an EU Talent Pool to facilitate labour matching with non-EU nationals which is of particular importance in the context of the Ukrainian war refugees seeking employment in the EU Member States. The Commission is also working towards the launch of tailor-made Talent Partnerships with specific key partner countries to boost international labour mobility and development of talent in a mutually beneficial and circular way. In addition, the Union continues to be the leading contributor to global funding for education focusing especially on teacher training, girls education and vocational education and training. This work, under the umbrella of the Global Gateway strategy48 , is complementary to the objectives of this proposal. _________________ 45 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1) 46 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum (COM/2020/609 final) 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Attracting skills and talent to the EU (COM/2022/657 final) 48 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 18 a (new)

(18a) Skills are the foundation of modern life and therefore their development has to be further encouraged by the initiatives such as EuroSkills competitions which have an important impact on the positive image of VET systems, promotion of new jobs and new skills, attracting young people to choose the career in VET, changing VET systems into the modern economy and boosting cooperation between education and employers and labour market.

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Recital 19 a (new)

(19a) Basic digital skills are essential for most employees and employers and their importance is expected to increase further. ICT literacy has become one of the prerequisites for building a knowledge-based society and an essential part of lifelong learning. Enterprises must dedicate a significant proportion of their resources to ensure that their employees are able to work with the latest technologies and in the new organisational environments associated with them. Therefore, the role of workplace education is essential for the future of work.

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Article 2 – paragraph 1 – introductory part

In line with principles 1, 4 and 5 of the European Pillar of Social Rights, contributing to the objectives set out in the 2020 European Skills Agenda and the EU headline targets set by the European Pillar of Social Rights Action Plan, the overall objective of the European Year shall be to further promote a mindset of reskilling and upskilling thereby boosting competitiveness of European companies, in particular small and medium-sized entreprises, realising the full potential of the digital and green transitions in a socially fair, inclusive and just manner. More specifically, the activities of the Year will promote skills policies and investments to ensure that nobody is left behind in the twin transition and the economic recovery, and to notably address labour shortages and skills mismatches for a better skilled workforce in the Union that is able to seize the opportunities of this process, by:

2022/12/13
Committee: EMPL

2022/0326(COD)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Proposal for a decision
Article 3 – paragraph 1 – point d

(d) information, communication and awareness-raising campaigns on EU initiatives for lifelong learning, upskilling and reskilling, promoting their implementation and delivery on the ground and also their uptake by potential beneficiaries;

2022/12/13
Committee: EMPL

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17. It should be stressed, at the same time, that the definition of forced labour expressed in Article 2 of ILO Convention No. 29 was adopted almost 100 years ago and its scope should be defined as broad. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18. Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. In addition, forced labour is in many cases carried out in a context of mobility and constant movement, in remote locations, including at sea, in rapidly and abruptly changing conditions, and in conditions of isolation or imprisonment, which significantly increases the risk of violations of workers' rights. Due to lack of access to medical care, highly risky working conditions, long working hours, lack of sleep and rest, noise, inability to provide medical care in case of accident or illness, lack of regulatory oversight and transparency, unclear recruitment systems, performing work in unregistered locations, including on unregistered vessels, poor condition of work equipment, and forced labour, particularly in sectors such as agriculture, including slaughtering, processing and fishing, result in a high susceptibility to illness, physical injury and a high rate of fatal workplace accidents. As cases of forced labour largely affect the productive sector, including agriculture, fishing and processing, there is a significant risk of products made using forced labour appearing on food markets. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. ~~The European Court of Human Rights has repeatedly interpreted Article 4 of~~An interpretation to this effect has been provided by the European Court of Human Rights in the relevant case-law, which addresses issues of prior consent and voluntariness1a. In addition, the European Co~~nvention~~urt onf Human Rights has r~~equiring~~uled that Member States musto penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19. _________________ 1a https://www.echr.coe.int/Documents/FS_ Forced_labour_ENG.pdf 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 13

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30. It is therefore a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products, bearing in mind that cases of forced labour affect, inter alia, sectors such as agriculture, processing, fishing and transport, from which final products reach food markets characterised by a significant scale of consumption. _________________ 30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account the nature and working conditions of the sector in question, as well as their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 35

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers, including the original supplier directly performing the harvesting, catching, extraction or equivalent operation, as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and all the product suppliers, including the original supplier where there is more than one actor in the supply chain, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established, the number or other equivalent details of the facility or unit, including vessels, by means of which the harvesting, catching, extraction or other equivalent operation took place and, where available, their Economic Operators Registration and Identification (EORI) number, and, in the case of vessels, the flag of the vessel and the identity of the operator. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. The Commission should seek closer cooperation with third-country authorities with a view to creating an effective network for the effective identification and eradication of violations bearing the hallmarks of forced labour. This should primarily concern third countries for which a high level of forced labour or regular and/or recurrent cases of forced labour have been documented. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur, the nature and working conditions of the sector concerned, and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. The Commission shall seek to ensure effective cooperation with third- country authorities with a view to creating an effective network for the effective control, identification and eradication of violations bearing the hallmarks of forced labour.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The network can also serve to coordinate activities and cooperation with third- country authorities in order to facilitate the identification and elimination of forced labour.

2023/06/01
Committee: PECH

2022/0269(COD)

Elżbieta RAFALSKA

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall seek closer cooperation with third-country authorities with a view to creating an effective network for the effective control, identification and eradication of violations bearing the hallmarks of forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

2023/06/01
Committee: PECH

2022/0212(BUD)

Elżbieta RAFALSKA

Draft opinion
Paragraph 1

1. Stresses that the social consequences of the Russian invasion of Ukraine and the COVID-19 pandemic, and more generally the uncertain economic outlook require a strong response for people, families, workers and businesses; highlights in that regard the crucial role of Union funds and financial instruments, including the Next Generation EU with the Recovery and Resilience Facility (RRF), which complement the action by the European Social Fund Plus (ESF+) as the key driver for strengthening the social dimension of the Union and ensuring a socially sustainable, just, inclusive and non-discriminatory recovery in line with the principles of the European Pillar of Social Rights, as well as the European Globalisation Adjustment Fund for Displaced Workers (EGF) and the Just Transition Fund (JTF); welcomes the triggering of the Temporary Protection Directive with regard to persons fleeing the war in Ukraine and seeking refuge on the territory of the Union, and calls for continuing funding for its implementation; underlines the unprecedented scale of displaced persons fleeing the war in Ukraine; highlights socio-economic and infrastructural challenges faced by recipient Member States - particularly those bordering Ukraine that experienced the biggest influx of displaced persons; underlines the need for European solidarity and new EU funds in a bid to successfully overcome these challenges;

2022/07/18
Committee: EMPL

2022/0212(BUD)

Elżbieta RAFALSKA

Draft opinion
Paragraph 2

2. Highlights that the budget should help create quality employment, reduce poverty and increase upward social convergence in a time of unprecedented and cumulated crises so that no one is left behind; stresses that factors such as supply chain disruption, high energy prices, rising inflation and continued pressure on essential services have exacerbated social and economic inequalities and worsened the living and working conditions, as well as the mental health, of many workers and their families; insists on the need to tackle territorial and regional disparities; takes note of the Commission’s intention to come up with an amending letter this autumn with regards to the budgetary consequences of the war in Ukraine and the RePowerEU initiative; stresses in that regard the importance of taking into account the socio-economic implications of the war and ~~recommends that~~invites the potential of supplementing ESF+ funding ~~be analys~~to be investigated;

2022/07/18
Committee: EMPL

2022/0212(BUD)

Elżbieta RAFALSKA

Draft opinion
Paragraph 3

3. Stresses the importance of policies and measures to support labour market transition, as well as to further develop resilient social systems around the Union; insists on the need for up- and reskilling policies to address the demographic challenge and the green and digital transition; insists on the importance of investing in social inclusion and support measures for children ~~and~~, young people and older people; recalls that the integration into the labour market of the most vulnerable groups, such as people in poverty, people with disabilities, young and eolderly people, the unemployed, and people displaced as a result of the war in Ukraine, is paramount;

2022/07/18
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 1

(1) Member States and the Union are to work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce~~, as well as~~ through strengthening the links between the education system and the labour market needs, and thus promoting flexible labour markets that are future-oriented and responsive to economic change, with a view to achieving the objectives of full employment and social progress, balanced growth, a high level of protection and improvement of the quality of the environment laid down in Article 3 of the Treaty on European Union (TEU). Member States are to regard promoting employment as a matter of common concern and are to coordinate their action in that respect within the Council, taking into account national practices related to the responsibilities of management and labour.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 2

(2) The Union is to combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and the protection of the rights of the child as laid down in Article 3 TEU. In defining and implementing its policies and activities, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion, a high level of education and training throughout people’s lives, and protection of human health as laid down in Article 9 of the Treaty on the Functioning of the European Union (TFEU).

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 3

(3) In accordance with the TFEU, the Union has developed and implemented policy coordination instruments for economic and employment policies. As part of those instruments, the Guidelines for the Employment Policies of the Member States (the ‘Guidelines’) set out in the Annex to this Decision, together with the Broad Guidelines for the Economic Policies of the Member States and of the Union set out in Council Recommendation (EU) 2015/11845 , form the Integrated Guidelines. They are to guide policy implementation in the Member States and in the Union, reflecting the interdependence between the Member States. The resulting set of coordinated European and national policies and reforms are to constitute an appropriate overall sustainable economic and employment policy mix, which should achieve positive spill over effects as well as an effective response to the impact of COVID-19 and Russia’s invasion of Ukraine on the labour markets and economies of the Member States. __________________ 5 Council Recommendation (EU) 2015/1184 of 14 July 2015 on broad guidelines for the economic policies of the Member States and of the European Union (OJ L 192, 18.7.2015, p. 27).

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 6

(6) Climate change and environment- related challenges, the need to accelerate energy independence and ensure Europe’s open strategic autonomy, globalisation, digitalisation, artificial intelligence, an increase in teleworking, the platform economy and demographic change are transforming European economies and societies. The Union and its Member States are to work together to effectively and proactively address those structural developments and adapt existing systems as needed, recognising the close interdependence of the Member States’ economies and labour markets, and related policies. This requires coordinated, ambitious and effective policy action at both Union and national levels, in accordance with the TFEU and the Union’s provisions on economic governance, while implementing the European Pillar of Social Rights. Such policy action should encompass a boost in sustainable investment, a renewed commitment to appropriately sequenced reforms that enhance economic growth, the creation of quality jobs, productivity, adequate working conditions, social and territorial cohesion, ~~upward convergence,~~ resilience and the exercise of fiscal responsibility and address inflation increase, with support from existing EU funding programmes, and in particular the Recovery and Resilience Facility and the Cohesion Policy Funds (including the European Social Fund Plus and the European Regional Development Fund) as well as the Just Transition Fund. It should combine supply- and demand-side measures, while taking into account their environmental, employment and social impacts. Effective long-term measures are also needed to mitigate the impact of the COVID-19 and war crises and provide financial assistance to businesses, non- profit and charitable organisations, as well as households in order to prevent the increase of poverty.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 6

(6) Climate change and environment- related challenges, Russia’s invasion of Ukraine and influx of war refugees, the need to accelerate energy independence and ensure Europe’s open strategic autonomy, globalisation, digitalisation, artificial intelligence, an increase in teleworking, the platform economy and demographic change are transforming European economies and societies. The Union and its Member States are to work together to effectively and proactively address those structural developments and adapt existing systems as needed, recognising the close interdependence of the Member States’ economies and labour markets, and related policies. This requires coordinated, ambitious and effective policy action at both Union and national levels, in accordance with the TFEU and the Union’s provisions on economic governance, while implementing the European Pillar of Social Rights. Such policy action should encompass a boost in sustainable investment, a renewed commitment to appropriately sequenced reforms that enhance economic growth, the creation of quality jobs, productivity, adequate working conditions, social and territorial cohesion, upward convergence, resilience and the exercise of fiscal responsibility, with support from existing EU funding programmes, and in particular the Recovery and Resilience Facility and the Cohesion Policy Funds (including the European Social Fund Plus and the European Regional Development Fund) as well as the Just Transition Fund. It should combine supply- and demand-side measures, while taking into account their environmental, employment and social impacts.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 9

(9) Following the Russian invasion of Ukraine, the European Council, in its conclusions of 24 February 2022, condemned Russia’s actions, which seek to undermine European and global security and stability, and expressed solidarity to the Ukrainian people, underlining the violation of international law and the principles of the UN Charter. In the current context, temporary protection, as granted by the Council Decision of 4 March 202230 activating the Temporary Protection Directive31 , is necessary in light of the scale of the influx of refugees and displaced persons. This allows Ukrainian refugees to enjoy harmonised rights across the Union that offer an adequate level of protection, including residency rights, access and integration to the labour market, access to education and training, access to housing, as well as to social security systems, medical care, social welfare, or other assistance, and means of subsistence. By participating in Europe’s labour markets, Ukrainian refugees can contribute to strengthening the EU’s economy and help support their country and people at home. In the future, the acquired experience and skills can contribute to rebuilding Ukraine. For unaccompanied children and teenagers, temporary protection confers the right to legal guardianship and access to childhood education and care. Member States should involve social partners in the design, implementation and evaluation of policy measures aimed at addressing the employment and skills challenges stemming from the Russian invasion of Ukraine as well as recognition of qualifications. Social partners play a key role in mitigating the impact of the war in terms of preserving employment and production. __________________ 30 Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection. 31 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 10

(10) Reforms to the labour market, including national wage-setting mechanisms, should follow national practices of social dialogue, with a view to providing fair wages that enable a decent standard of living and sustainable growth. They should allow for the necessary opportunity for a broad consideration of socioeconomic factors, including improvements in sustainability, competitiveness, innovation, the creation of quality jobs, working conditions, in- work poverty, education and skills, public health and inclusion, inflation and real incomes. In this sense, the Recovery and Resilience Facility and other EU funds are supporting Member States in implementing reforms and investments that are in line with the EU’s priorities, making the European economies and societies more sustainable, resilient and better prepared for the green and digital transitions. Russia’s invasion of Ukraine has further aggravated pre-existing socio-economic challenges from the COVID-19 crisis. Member States and the Union should continue to ensure that the social, employment and economic impacts are mitigated and that transitions are socially fair and just, also in light of the fact that increased open strategic autonomy and an accelerated green transition will help reduce the dependence on imports of energy and other strategic products/technologies, notably from Russia. Strengthening resilience and pursuing an inclusive and resilient society in which people are protected and empowered to anticipate and manage change, and in which they can actively participate in society and the economy, are essential. A coherent set of active labour market policies, consisting of temporary hiring and transition incentives, skills policies and improved employment services, is needed to support labour market transitions, also in light of the green and digital transformations, as highlighted in Recommendation (EU) 2021/402 [and the Council Recommendation on ensuring a fair transition towards climate neutrality].

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 11

(11) Discrimination in all its forms should be tackled, gender equality ensured and employment of young people supported. Access and opportunities for all should be ensured and poverty and social exclusion, including that of children and Roma people, should be reduced, in particular by ensuring an effective functioning of labour markets and adequate and inclusive social protection systems32 , and by removing barriers to inclusive and future-oriented education, training and labour-market participation, including through investments in early childhood education and care, and in digital and green skills. Timely and equal access to affordable care, long-term care and healthcare services, including prevention and healthcare promotion, are particularly relevant, also in light of the COVID-19 pandemic that started in 2020 and in a context of ageing societies. Ensuring occupational health and safety and a good work-life balance for workers throughout their careers, is a prerequisite for a sustainable working life and active and healthy ageing after retirement. The potential of persons with disabilities to contribute to economic growth and social development should be further realised. As new economic and business models take hold in workplaces throughout the Union, employment relationships are also changing. Member States should ensure that employment relationships stemming from new forms of work maintain and strengthen Europe’s social model. __________________ 32 Council Recommendation of 8 November 2019 on access to social protection for workers and the self- employed, 2019/C 387/01

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Recital 11

(11) Discrimination in all its forms should be tackled, gender equality ensured and employment of young people supported. Access and opportunities for all should be ensured and poverty and social exclusion, including that of children, older persons and Roma people, should be reduced, in particular by ensuring an effective functioning of labour markets and adequate and inclusive social protection systems32 , and by removing barriers to inclusive and future-oriented education, training and labour-market participation, including through investments in early childhood education and care, and in digital and green skills. Timely and equal access to affordable long-term care and healthcare services, including prevention and healthcare promotion, are particularly relevant, also in light of the COVID-19 pandemic that started in 2020 and in a context of ageing societies. The potential of persons with disabilities to contribute to economic growth and social development should be further realised. As new economic and business models take hold in workplaces throughout the Union, employment relationships are also changing. Member States should ensure that employment relationships stemming from new forms of work maintain and strengthen Europe’s social model. __________________ 32 Council Recommendation of 8 November 2019 on access to social protection for workers and the self- employed, 2019/C 387/01

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 5 – paragraph 3

Taxation should be shifted away from labour to other sources more supportive of employment and inclusive growth ~~and in line with climate and environmental objectives~~, taking account of the redistributive effect of the tax system, while protecting revenue for adequate social protection and growth- enhancing expenditure.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 5 – paragraph 4

Member States, including those with statutory minimum wages, should promote collective bargaining with a view to wage setting and ensure an effective involvement of social partners in a transparent and predictable manner, allowing for an adequate responsiveness of wages to productivity developments and fostering fair wages that enable a decent standard of living, paying particular attention to lower and middle income groups ~~with a view to strengthening upward socio-economic convergence~~. Wage-setting mechanisms should take into account socio-economic conditions, including regional and sectoral developments. Respecting national practices and the autonomy of the social partners, Member States and social partners should ensure that all workers have fair wages by benefitting, directly or indirectly, from collective agreements or adequate statutory minimum wages, taking into account their impact on competitiveness, job creation and in-work poverty.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 5 – paragraph 4

Member States, including those with statutory minimum wages, should promote collective bargaining with a view to wage setting and ensure an effective involvement of social partners in a transparent and predictable manner, allowing for an adequate responsiveness of wages to productivity developments and fostering fair wages that enable a decent standard of living, paying particular attention to lower and middle income groups with a view to strengthening upward socio-economic convergence. Wage-setting mechanisms should take into account socio-economic conditions such as inflation, including regional and sectoral developments. Respecting national practices and the autonomy of the social partners, Member States and social partners should ensure that all workers have fair wages by benefitting, directly or indirectly, from collective agreements or adequate statutory minimum wages, taking into account their impact on competitiveness, job creation and in-work poverty.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex I – Guideline 6 – paragraph 1

In the context of the digital and green transitions, demographic change and the ~~Ukrainian war~~Russian invasion of Ukraine, Member States should promote sustainability, productivity, employability and human capital, fostering acquisition of skills and competences throughout people’s lives and responding to current and future labour- market needs, in light of the 2030 EU headline target on skills., in particular digital skills. Following the COVID-19 crisis, Member States should also adapt and invest in their education and training systems to provide high quality and inclusive education, including vocational education and training, access to digital learning, and language training (e.g. in the case of refugees including from Ukraine). Member States should work together with the social partners, education and training providers, enterprises and other stakeholders to address structural weaknesses in education and training systems and improve their quality and labour-market relevance, also with a view to enabling the green and digital transitions, addressing existing skills mismatches and preventing the emergence of new shortages, in particular for activities related to REPowerEU, such as renewable energy deployment or buildings’ renovation. Particular attention should be paid to challenges faced by the teaching profession, including by investing in teachers’ and trainers’ digital competences. Education and training systems should equip all learners with key competences, including basic and digital skills as well as transversal competences, to lay the foundations for adaptability and resilience throughout life. Member States should seek to strengthen the provision of individual training entitlements and ensure their transferability during professional transitions, including, where appropriate, through individual learning accounts, as well as a reliable system of training quality assessment. Member States should deliver on the potential of micro-credentials to support lifelong learning and employability. They should enable everyone to anticipate and better adapt to labour-market needs, in particular through continuous upskilling and reskilling and the provision of integrated guidance and counselling, with a view to supporting fair and just transitions for all, strengthening social outcomes, addressing labour-market shortages and skills mismatches, improving the overall resilience of the economy to shocks and making potential adjustments easier.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 6 – paragraph 2

Member States should foster equal opportunities for all by addressing inequalities in education and training systems. In particular, children should be provided access to good quality early childhood education and care, in line with the European Child Guarantee. Member States should raise overall qualification levels, reduce the number of early leavers from education and training, support access to education and care of children from rural and remoted areas, increase the attractiveness of vocational education and training (VET), access to and completion of tertiary education, facilitate the transition from education to employment for young people through quality traineeships and apprenticeships, as well as increase adult participation in continuing learning, particularly among learners from disadvantaged backgrounds and the least qualified. Taking into account the new requirements of digital, green and ageing societies, Member States should strengthen work-based learning in their VET systems, including through quality and effective apprenticeships, and increase the number of science, technology, engineering and mathematics (STEM) graduates both in VET and in tertiary education, especially women. Furthermore, Member States should enhance the labour-market relevance of tertiary education and, where appropriate, research; improve skills monitoring and forecasting; make skills more visible and qualifications comparable, including those acquired abroad; and increase opportunities for recognising and validating skills and competences acquired outside formal education and training. They should upgrade and increase the supply and uptake of flexible continuous VET. Member States should also support low-skilled adults to maintain or develop their long- term employability by boosting access to and uptake of quality learning opportunities, through the implementation of Upskilling Pathways Recommendation including a skills assessment, an offer of education and training matching labour- market opportunities, and the validation and recognition of the skills acquired.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 7 – paragraph 4

The mobility of learners and workers should be adequately supported with the aim of enhancing their skills and employability and exploiting the full potential of the European labour market, while also ensuring fair conditions for all those pursuing a cross-border activity and stepping up administrative cooperation between national administrations with regard to mobile workers, benefitting as well from the assistance of the European Labour Authority. The mobility of workers in critical occupations and of cross-border, seasonal and posted workers should be supported in the cases of temporary border closures triggered by public health considerations.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 8 – paragraph 1

Member States should promote inclusive labour markets, open to all with legal status, by putting in place effective measures to fight all forms of discrimination and promote equal opportunities for all, and in particular for groups that are under-represented in the labour market, with due attention to the regional and territorial dimension. They should ensure equal treatment regarding employment, social protection, health and long-term care, education and access to goods and services, regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 8 – paragraph 5

Member States should ensure that everyone, including children, has access to essential services. For those in need or in a vulnerable situation, Member States should guarantee access to adequate social housing or housing assistance. They should ensure a clean and fair energy transition and address energy poverty as an increasingly important form of poverty due to rising energy ~~prices, partly link~~and fuel prices, mainly caused toby the war in Ukraine, including, where appropriate, via targeted temporary income support measures. Inclusive housing renovation policies should also be implemented. The specific needs of persons with disabilities, including accessibility, should be taken into account in relation to those services. Homelessness should be tackled specifically. Member States should ensure timely access to affordable preventive and curative health care and long-term care of good quality, while safeguarding sustainability in the long term.

2022/08/29
Committee: EMPL

2022/0165(NLE)

Beata SZYDŁO, Elżbieta RAFALSKA, Anna ZALEWSKA

Annex – Guideline 8 – paragraph 7

In a context of increasing longevity and demographic change, Member States should secure the adequacy and sustainability of pension systems for workers and the self-employed, providing equal opportunities for women and men to acquire and accrue pension rights, including through supplementary schemes to ensure an adequate income in old age. Pension reforms should be supported by policies that aim to reduce the gender pension gap and measures that extend working lives~~, such as by raising the effective retirement age, notably by~~ and facilitat~~ing~~e labour market participation of older persons, and should be framed within active ageing strategies. Member States should establish a constructive dialogue with social partners and other relevant stakeholders, and allow for an appropriate phasing in of the reforms by flexible working arrangements and improved accessibility, and should be framed within active ageing strategies in order to enable them to enjoy healthy and independent retirement. Member States should establish a constructive dialogue with social partners and other relevant stakeholders, and allow for an appropriate phasing in of the reforms. Furthermore, Member States should draw up healthy ageing plans that cover access to health and care services, as well as strategies for health promotion and prevention.

2022/08/29
Committee: EMPL

2021/2253(INI)

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Jadwiga WIŚNIEWSKA, Margarita DE LA PISA CARRIÓN

Motion for a resolution
Citation 19 a (new)

— having regard to the Ministerial Declaration adopted at the fourth UN Economic Commission for Europe Ministerial Conference on Ageing in Lisbon on 22 September 2017 entitled ‘A Sustainable Society for all Ages: Realizing the potential of living longer’,