30 Amendments of Atidzhe ALIEVA-VELI related to 2022/0278(COD)
Amendment 58 #
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which partthe relevant departments of the national administration to contact to find rapid solutions to thecrisis- related impacts on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravated the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 59 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Social partners played a key role in supporting coordination efforts in particular as regards the dissemination of relevant information to workers and economic operators on the ground, as well as by addressing challenges arising from a Single Market Emergency through collective bargaining. Therefore, in order to safeguard incentives for social partners to negotiate and take responsibility for well-functioning labour markets also in times of crisis, it is crucial to ensure that all relevant legislation leaves sufficient room of manoeuvre for equal national social partners to adapt, complement or deviate from legislation by way of autonomous collective bargaining;
Amendment 61 #
Proposal for a regulation
Recital 4
Recital 4
(4) Representative organisations of economic operators, as well as social partners, have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights and/or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures, but most of all it is crucial that Member States refrain from imposing restrictions on free movement at any time.
Amendment 63 #
Proposal for a regulation
Recital 5
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts ondisrupting the Single Market of a wide range of crises. by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
Amendment 69 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. , while ensuring that any crisis related emergency response measures are in line with the rights of free movement as laid down in the Treaties. In addition, such response should always respect fundamental rights.
Amendment 83 #
Proposal for a regulation
Recital 18
Recital 18
(18) As regards the measures for re- establishensuring and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should notever result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforcesafeguard free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation. Member States and the Commission are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should help communication between the Member States and with the advisory board. The information provided by the contact point should be clear and understandable and accessible to persons with disabilities.
Amendment 91 #
Proposal for a regulation
Recital 20
Recital 20
(20) The free movement of goods, services and persons is established in the Treaties and constitutes a key principle of the European Union. Therefore, these freedoms should always be upheld. If Member States nevertheless adopt measures affecting free movement of goods, services or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and reose measures should be justified, non- discriminatory, limited in time and proportionate to address the emergency on the Single Market. All potential measures should be removed as soon as the situation allows it, and at the very latest when the emergency movde them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. has been deactivated. Any restriction that is still in place when the emergency mode has been deactivated should have no legal effect on neither persons nor economic operators. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. In the light of digitalisation and recent technical developments, teleworking arrangements can be a suitable solution for many workers in situations where cross-border commuting to the workplace is not possible. However, in order to avoid discrimination, workers for whom cross- border telework is not feasible, for example due to the nature of their tasks and responsibilities, should not be subject to undue restrictions to their freedom of movement as long as their health and safety can be ensured.
Amendment 106 #
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 117 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respectssafeguards the fundamental rights as laid down in the Treaties and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the right to engage in work, protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to non-discrimination as protected by Article 21 by the Charter, right to collective bargaining and action protected by Article 26 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
Amendment 129 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a General principles 1. In order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States shall, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods, services and persons in their territory. A Member State on the territory of which obstacles to the free movement of goods, services or persons occur shall take all necessary and proportionate measures to restore as soon as possible the free movement in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it. The Member State shall inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfil this objective. 2. This Regulation shall not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right or freedom to strike. These rights may also include the right or freedom to take other actions covered by the specific industrial relations systems in Member States.
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission mayadvisory group shall invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, representatives of economic operators, stakeholder organisations, the Europeansocial partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 5 – point c a (new)
Article 4 – paragraph 5 – point c a (new)
(c a) consulting the European social partners on the impact of the threat referred to in Article 3(2) on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 6 – point a a (new)
Article 4 – paragraph 6 – point a a (new)
(a a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and assess the impact of the emergency as referred to in Article 3(3);
Amendment 180 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
Amendment 208 #
Proposal for a regulation
Part IV – title II – Chapter I – title
Part IV – title II – Chapter I – title
I Measures for re-establishensuring and facilitating free movement
Amendment 209 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 GenerEssential requirements forto limit measures restricting free movement to address a Single Market emergency
Amendment 214 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows itjustified, non-discriminatory, limited in time and proportionate to address the emergency on the Single Market. It shall be removed as soon as the situation allows it, and at the very latest when the emergency mode has been deactivated. Any restriction that is still in place when emergency mode has been deactivated shall have no legal effect on natural persons nor economic operators. Additionally, any restriction should take into account the situation of border regions.
Amendment 220 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 222 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner,unambiguous and timely manner. Such information should be accessible for persons with disabilities and made available in relevant languages in particular in cross-border areas.
Amendment 226 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force, as well as the foreseen timeline for its deactivation. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners. Member States shall also involve social partners to the greatest extent possible in the elaboration of measures that could have an impact on labour mobility.
Amendment 245 #
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose which are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures, or which manifestly go beyond what is necessary to achieve the aim. Due regard shall be given to the situation of different types of workers, for example mobile workers.
Amendment 267 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and, businesses are informed of the notified measures, unless Member States request that the measure, workers, the social partners and other affected stakeholders aremain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Articl informed of the notified measures, in a clear and unambiguous matter before their entry into force.
Amendment 272 #
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 310 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.
Amendment 273 #
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 310 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
Amendment 275 #
Proposal for a regulation
Article 19 – paragraph 13
Article 19 – paragraph 13
13. The period of 310 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 276 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall operate national single points of contact that shall provide citizens, civil society organizations, consumers, economic operators and workers and their representatives with the following assistance:
Amendment 278 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, civil society organisations, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language and shall be accessible to persons with disabilities. It shall also be easily accessible at a distance and by electronic means and shall be kept up to date.
Amendment 280 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The Union level single point of contact shall provide citizens, civil society organizations, consumers, economic operators, workers and their representatives with the following assistance: