[ParlTrack]

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘competent authority’ means an authority designated by a Member State ~~to perform function~~, in accordance with national laws uander/or practices, for the purpose of implementing this Directive;

2013/01/28
Committee: JURI

Giuseppe GARGANI

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

(aa) The competent authorities may include the liaison offices under Article 4 of Directive 96/71/EC;

2013/01/28
Committee: JURI

Giuseppe GARGANI

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

(ca) Contact details of the competent authorities shall be communicated to the Commission and the other Member States. The Commission shall publish and regularly update the list of the competent authorities and liaison offices.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 3 – title

~~Preventing abuse and circumvention~~Elements relating to posting

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements ~~may~~shall include:

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 4

For the purposes of this Directive, Member States shall, in accordance with national legislation and/or practice, designate one or more competent authorities, which may include the liaison office(s) referred to in Article 4 of Directive 96/71/EC. Contact details of the competent authorities shall be communicated to the Commission and the other Member States. The Commission shall publish and regularly update the list of the competent authorities andArticle 4 deleted Role of liaison offices.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers, including those laid down in collective agreements, are made generally available in a clear, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers.deleted

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1

5. Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request. Where the request is of an urgent nature, the information must be sent within three days of the reception of the request.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours.deleted

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 7 – paragraph 2

2. In the circumstances referred to in Article 3 (1) and (2) and Article 9(1), the Member State of establishment of the service provider shall assist the Member State to which the posting takes place to ensure compliance with the conditions applicable under Directive 96/71/EC and this Directive. The Member State of establishment of the service provider shall, on its own initiative, communicate to the Member State to which the posting takes place any relevant information as specified in Articles 3 (1) and (2) and 9(1), where the Member State of establishment of the service provider is aware of specific facts which indicate possible irregularities.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 7 – paragraph 3

3. Competent authorities of the host Member State may equally ask the competent authorities of the Member State of establishment, for each instance where services are provided or for each service provider, to provide information as to the legality of the service provider’s establishment~~, the service provider’s good conduct, and the absence of any infringement of the applicable rules~~. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 6.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States ~~may only~~shall impose the following administrative requirements and control measures:

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 9 – paragraph 1 – point q

(a) an obligation for a service provider established in another Member State to make a ~~simple~~ declaration to the responsible national competent authorities ~~at the latest at~~by the commencement of the service provision, whereby the declaration may only cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 10 – paragraph 2

~~inspections and controls of compliance with Directive 96/71/EC are not discriminatory and/or disproportionate.~~

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 10 – paragraph 5

5. Member States where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and/or terms and conditions of employment of posted workers may, by way of exception, after consulting the social partners at national level, establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment, provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from Directive 96/71/EC and this Directive.deleted

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.deleted

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Chapter 6 – title

~~ADMINISTRATIVE FINES AND PENALTIES~~

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 13 – paragraph 1

1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.(Does not affect English version.)

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1

accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or notify a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority’s Member State allow such action for similar claims or decisions.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2

Member State shall ensure that the request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine is made in accordance with the rules in force in that Member State, whereas the competent requested authority shall ensure that such recovery or notification in the requested Member State is effected in accordance with the national laws, regulations and administrative practices in force in the latter.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3

request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine if and as long as the fine or penalty, as well the underlying claim and/or the instrument permitting its enforcement in the requesting Member State, are contested in that Member State.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1

authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine, the requested authority shall provide any information and mutual assistance which would be useful to the requesting authority in the recovery of a fine and/or penalty, as well as, to the extent possible, for the underlying claim.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2 – introductory part

~~recovery of penalty or fine as well as the notification of a decision concerning such matters shall at least indicate:~~

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 14 – paragraph 2

or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

notification procedure, the fine, penalty and/or underlying claim is contested by the service provider concerned or an interested party, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1

~~the requesting authority the amounts recovered with respect to the fines or penalties referred to in this Chapter.~~

2013/01/28
Committee: JURI

Giuseppe GARGANI

Proposal for a directive
Article 16 – paragraph 3

competent authority in the requesting Member State shall remain liable to the requested Member State for any costs and any losses incurred as a result of actions held to be unfounded, in terms of the substance of the fine or penalty, the validity of the instrument issued by the requesting authority for the purpose of enforcement and/or any precautionary measures taken by the requesting authority.

2013/01/28
Committee: JURI

28 Amendments of Giuseppe GARGANI related to 2012/0061(COD)

ParlTrack - 2011-2024