33 Amendments of Elisabeth MORIN-CHARTIER related to 2018/0064(COD)
Amendment 84 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, without prejudice to the EURES-T cross-border partnerships’ tasks of providing information, advice and support on all cross-border labour market issues, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
Amendment 131 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, particularly SMEs, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation.
Amendment 141 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-EURES-T cross- border partnerships that enable the cross- border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53. __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 143 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Authority shall take over responsibility for the EURES portal’s technical and operational tasks. This transfer of activity must neither cause the EURES budgets to be reduced nor shall it disrupt the portal’s operations. By maintaining an ambitious budget independent of any national or regional contributions for EURES – i.e. administered directly by the European Commission – the Authority shall ensure the proper functioning of the portal and the highest quality in the information services EURES provides to individuals and employers.
Amendment 149 #
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54, the European Enterprise Network55, the Border Focal Point56 and SOLVIT57, as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59, notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform without, however, replacing the mediation role played by the Administrative Commission for Social Security Regulations. The Authority shouldmay replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, andprovided that this neither undermines the benefits and services provided by EURES and the EURES-T cross-border partnerships nor serves as a pretext for a reduction in the budget for EURES and the EURES-T cross-border partnerships. The provision of IT services, the operation and the development of the IT infrastructure, which willill, meanwhile, continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 162 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, once it is fully functioning and operational, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 193 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope, without impinging on the powers of the Court of Justice of the European Union. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 203 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission and the European Parliament should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 240 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 without, however, replacing the Administrative Commission’s mediation duties. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations.
Amendment 341 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7and without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues;
Amendment 368 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Regulation 2018/0064
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13, without impinging on the powers of the Court of Justice of the European Union;
Amendment 379 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross- border labour market disruptions, in accordance with Article 14, in close collaboration with the EURES-T cross- border partnerships.
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES, particularly Article 27 thereof, on support services in cross-border regions, and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 409 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, particularly support that may be provided by EURES-T cross-border partnerships, including through guidance on access to learning and language training;
Amendment 445 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 449 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including the development of targeted mobility schemes or, in border regions, EURES-T cross- border partnerships;
Amendment 450 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) enable the cross-border matching of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES and in close collaboration, in border regions, with the EURES-T cross-border partnerships which advise and inform workers and employers on cross-border mobility opportunities;
Amendment 457 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Regulation 2018/0064
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare, without impinging on the mediation role and powers of the Administrative Commission for Social Security Regulations.
Amendment 520 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system, once it is fully functioning and operational, and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 525 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Regulation 2018/0064
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, – the establishment of the Platform Tackling Undeclared Work being a good example of such cooperation – and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development.
Amendment 564 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advancwithin a reasonable deadline. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 663 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the European Commission or the competent committee of the European Parliament, the Authority may carry out focused in- depth analyses and studies to investigate specific labour mobility issues.
Amendment 711 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Regulation 2018/0064
Article 13 paragraph 1
Article 13 paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role, without impinging on the powers of the Court of Justice of the European Union.
Amendment 738 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Regulation 2018/0064
Article 13 paragraph 4
Article 13 paragraph 4
4. Cases in which there are ongoing court proceedings or preliminary investigations at national or Union level shall not be admissible for mediation by the Authority.
Amendment 793 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the European Commission and the European Parliament, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 806 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and two representatives of the European Commission, all of whom have voting rights, as well as independent experts appointed by the European Parliament to represent it.
Amendment 815 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The European Commission and the competent committee of the European Parliament shall appoint the members who are to represent ithem.
Amendment 828 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. RThe other decentralised Union agencies or representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers.
Amendment 859 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Executive Director shall manage the Authority’s day-to-day operations. The Executive Director shall be accountable to the Management Board.
Amendment 864 #
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
Article 23 – paragraph 4 – point j a (new)
(ja) to ensure compliance with the European Employment Services’ (EURES) budget;
Amendment 895 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations (including a representative of SMEs), and two representatives of the European Commission and an independent expert appointed by the European Parliament to represent it.
Amendment 925 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The translation services required for the functioning of the Authoritgency shall be provided by the Translation Centre of the Bbodies of the European Union or, where necessary, by other services.
Amendment 972 #
Proposal for a regulation
Article 49 – paragraph 1 – point 1 – point a
Article 49 – paragraph 1 – point 1 – point a
Regulation (EU) 2016/589
Article 1 – point a
Article 1 – point a
(a) the organisation of the EURES network between the Commission, the European Labour Authority and, the Member States and the EURES-T cross-border partnerships;