Activities of Jean LAMBERT related to 2018/0064(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority
Amendments (22)
Amendment 32 #
Proposal for a regulation
Recital 4
Recital 4
(4) As outlined in their Joint Declaration on the legislative priorities for 2018-2019, the European Parliament, the Council and the Commission are committed to taking action to reinforce the social dimension of the Union, by working on improving the coordination of social security systems36 , by protecting all workers from health risks in the workplace37 , by ensuring fair treatment for all in the Union labour market through modernised rules on posting of workers38 , and by further improving cross-border enforcement of the Union law. _________________ 36 Proposal for a Regulation of the European Parliament and of the Council 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 (COM (2016) 815 final. 37 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (COM(2017) 11 final). 38 Proposal for a Directive of the European Parliament and of the Council amending Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (COM (2016) 128 final).
Amendment 37 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairnesssocial justice 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, 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 39 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services and to social rights and benefits. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationalundeclared work, or restrictions on workers' or their families' rights and benefits, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 45 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family memberirrespective of their residence status.
Amendment 48 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. At the same time, it should serve to respect and implement existing rights and obligations in line with EU law and international labour standards.
Amendment 50 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fairsocially just 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-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’ as well as ensuring access to all other relevant services in the Member State of residence or stay, including access to justice and safe police reporting, healthcare and education, including recognition of qualifications. 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 . _________________ Regulation [Single Digital Gateway – 53 COM(2017)256]
Amendment 55 #
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle labour irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities and social partners in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.
Amendment 63 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, social partners, the European Parliament and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, and the ILO may participate in the meetings of the Management Board as observers.
Amendment 64 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners, the ILO and relevant civil society organisations. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 66 #
Proposal for a regulation
Recital 25
Recital 25
(25) PAny processing of personal data carried out by the Authority in the context of this Regulation should be conducted in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council64 , or2018/XX [successor of Regulation (EC) No 45/2001 of the European Parliament and of the Council1a]. Any processing of personal data carried out by Member States within the framework of this Regulation, in particular in the context of concerted or joint inspections, should be conducted in accordance with Regulation (ECU) No 45/20012016/679 of the European Parliament and of the Council65 , whichever is applicable. This includes putting in place a1b. In cases where the processing of personal data is necessary primarily for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, especially in the context of concerted or joint inspections uncovering irregularities of a criminal nature such as labour exploitation or trafficking in human beings, the processing of such personal data should be conducted in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council1c. Appropriate technical and organisational measures to comply with the obligations imposed by these Regulations, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects. _________________ 64, should be put in place by the Authority. _________________ 1a Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L8, 12.1.2001, p. 1), currently under revision by COM(2017) 8 final. 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, p. 1). 65 Regulation1c Directive (ECU) No 45/20012016/680 of the European Parliament and of the Council of 18 December27 April 200016 on the protection of individualnatural persons with regard to the processing of personal data by the Communitycompetent authorities for the purposes of the prevention, investitutions and bodgation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (OJ L8, 12.1.2001, p. 1), currently under revision by COM(2017) 8 final, and repealing Council Framework Decision 2008/977/JHA.
Amendment 68 #
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Fundamental Rights (FRA), the European Public Prosecutor's Office (EPPO) and European Union Agency for Criminal Justice Cooperation (Eurojust).
Amendment 73 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workers and services and to contribute to strengthening fairnesssocial justice in the internal market cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities and the need for increased cooperation between Member States, 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, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) coordinate measures to enhance free movement, a Union-wide fair labour competition market and decent working conditions as well as adequate social protection for all workers and members of their families.
Amendment 86 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) establish and implement a complaints and response mechanism including incident reporting as regarding to cross-border social or labour fraud and error.
Amendment 88 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers, workers and members of their families on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers and workers who are third country nationals, irrespective of their residence status;
Amendment 107 #
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. Any data processed to assess risks and carry out analyses shall be fully anonymised. 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 Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 115 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Authority shall coordinate, develop and apply interoperability frameworks to guarantee the exchange of information between Member States and also with the Authority. Those interoperability frameworks shall be based on and supported by the European Interoperability Framework70 and by the European Interoperability Reference Architecture referred to in Decision (EU) 2015/2240 of the European Parliament and of the Council71 . They shall respect the EU's data protection rules, in particular the principle of purpose limitation and the limitations to access rights. _________________ 70 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions: European Interoperability Framework – Implementation Strategy - COM(2017) 134 final. 71 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).
Amendment 116 #
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 Commission, social partners, relevant international organisations, civil society organisations 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 119 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Representatives from third countries, which are applying the Union law in areas covered by this Regulation, as well as representatives from the ILO and the European Parliament, may participate in the meetings of the Management Board as observers.
Amendment 121 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Director and shall meet at least twice a year on the initiative of the Executive Director or at the request of the Commissionone of its members on a rotational basis and shall meet at least twice a year.
Amendment 122 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixeight representatives of Union- level social partners equally representing trade unions and employer’s organisations, four representatives of relevant civil society organisations, one representative of the ILO and two representatives of the Commission.
Amendment 125 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
To that end, the Authority may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries. Those arrangements shall not create legal obligations incumbent on the Union and its Member States and shall not include the possibility of exchanging personal data.