138 Amendments of Vilija BLINKEVIČIŪTĖ related to 2018/0064(COD)
Amendment 33 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services, including maternity, paternity, parental and carers’ leave;
Amendment 40 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments by making full use or request research by other relevant EU agencies, particularly EIGE and Eurofound on issues of cross-border labour mobility, in accordance with Article 11;
Amendment 58 #
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is ton establishing an Internal Market is working for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.
Amendment 62 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Labour mobility within the Internal Market is based on the three fundamental principles: freedom of movement for workers which relates to permanent, seasonal and frontier workers, as well as to jobseekers who move to another Member State to integrate into its labour market); freedom of establishment, and freedom to provide services by sending employed persons by their employer to carry out a service in another Member State without integrating in its labour market or by self-employed persons who move to another Member State to carry out a service.
Amendment 64 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority. A yearly report on the inspections supported by the Authority should be gender mainstreamed and include a separate chapter on gender equality shall be included in the Authority's annual activity report.
Amendment 65 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Compliance with Union law in the area of labour mobility is confronted with differing implementations and interpretations by Member States, thus creating legal uncertainty and facilitating abuse. The diversity of labour markets and the structure of social protection systems in the different Member States, the existence in some Member States of many different competent authorities, as well as the differences between functions, capacities and powers of the competent authorities in different Member States seriously hinder and negatively affect cooperation between them and implementation of Union law in the area of labour mobility.
Amendment 66 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) Workers moving to take up employment in another Member State are more vulnerable to discrimination and various types of social fraud such as by means of letterbox companies and bogus self-employment despite being entitled to equal treatment with nationals in access to employment, working conditions and all other social and tax conditions, including social security. Due to a lack of knowledge and sufficient information about their rights, but also due to unscrupulous employers or labour market intermediaries and of insufficient control by competent national authorities, such workers may be negatively affected by underpayment and inadequate health and safety standards being applied at the workplace, by discriminatory, fraudulent and abusive working arrangements, as well as by trafficking for labour exploitation. Therefore it is highly necessary that dedicated efforts for addressing and tackling challenges and problems faced by workers when moving or working in another Member State should be undertaken.
Amendment 67 #
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) Remaining concerns regarding compliance with, as well as implementation and effective and efficient enforcement of Union law related to labour mobility, jeopardise trust and fairness in the Internal Market. It is therefore crucial to improve the compliance, implementation and enforcement of Union law in the area of labour mobility and to prevent and tackle discrimination, exploitation and abuse of workers’ rights in order to ensure fair labour mobility and fair competition in the Internal Market, so that bona fide workers and companies can enjoy their rights and make use of the opportunities of the Internal Market to the fullest extent.
Amendment 67 #
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 Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues. Those analyses and studies shall be gender mainstreamed and include separate chapters on gender equality.
Amendment 69 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. The report shall be gender mainstreamed and include a gender dimension.
Amendment 70 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities, also in the fields of work-life balance and gender pay and pension gap;
Amendment 71 #
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, 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 disruptionsin strengthening their cooperation in order to ensure the effective application of the Union law in the area of labour mobility within the Internal. Market and should mediate and facilitate a solution in case of disputes between Member States concerning this law.
Amendment 76 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. A representative of EIGE, a representative of Eurofound, a representative of Cedefop, a representative of EU-OSHA and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.
Amendment 79 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive forensure gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 83 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The members of the Stakeholder Group shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed. To the extent possible, aAn appropriate gender balance shall be respectensured, as well as adequate representation of SMEs.
Amendment 84 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. No later than five years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy. The evaluation shall be gender mainstreamed and include a chapter on gender equality.
Amendment 85 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to be effective, the Authority needs a clearly defined objective and a strong focus on a limited number of tasks. It is crucial that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value, in particular in the area of compliance, implementation and enforcement of relevant Union law in the area of labour mobility and the facilitation of joint inspections.
Amendment 86 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Improving access to information by individuals and establishments, about their rights and obligations in the areas of free movement of workers, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. While provision of such reliable, up-to- date and easy accessible information should remain responsibility of Member States at national or regional level with the support of the Commission under Regulation (EU) No 2016/589 of the European Parliament and the Council 1a, the Authority should assist Member States' competent national authorities for better cooperation and coordination between them in exchanging information and best practices in the area of labour mobility and for exploring the possibility of creating or facilitating help desks or one-stop-shops dedicated to labour mobility within the internal market issues for individuals and establishments. __________________ 1a Regulation (EU) No 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1).
Amendment 89 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility within the internal market and social security coordination, including freedom of movement ofor workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared workas well as freedom of establishment and freedom to provide services. It should also provide operational support to the European Platform to enhance cooperation in tackling undeclared work by assuming the functions of its Secretariat. 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 nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 112 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40, Directive 2004/38/EC40a and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 40a DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 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 (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 116 #
Proposal for a regulation
Recital 8
Recital 8
(8) In certain instances, sector- specific Union law has been adopted in order to respond to specific needs in thatparticular sectors, such as the area of international transport. The Authority should also deal with the cross-border aspects of the application of such sector-specific Union law, in particular Regulation (EC) No 561/2006 of the European Parliament and the Council49 , Directive 2006/22/EC of the European Parliament and the Council50 , Regulation (EC) No 1071/2009 of the European Parliament and the Council51 and Directive (Amending Directive 2006/22/EC – COM(2017)278)52 . __________________ 49 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 50 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 51 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 52 COM(2017)278 – Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector, temporary agencies work, as well as sectors that across many Member States are linked to problems with trafficking for labour exploitation such as agriculture, construction, domestic work and hotels and restaurants, the Authority should also deal with the labour mobility aspects of the application of the relevant sector-specific Union law .
Amendment 119 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals and establishments covered by the activities of the Authority should be persons whoand undertakings that 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 memberse freedom of movement for workers, freedom of establishment and freedom of provision of services in the Internal Market.
Amendment 137 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they canose listed above may benefit from a fair and effective iInternal mMarket, the Authority should promote opportunities for individuals and employbased on fair and voluntary labour mobility and fair competition, as well as in orders to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilkeep track of emerging trends, challenges or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve initiating 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’. 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 backbonnalyses and studies and carrying out risk assessments and peer reviews. The Authority should analyse the effectiveness of the existing actions, initiatives and networks at Union level for addressing obstacles and unfair practices harming labour mobility within the Internal Market and should analyse the risk of infringement of labour mobility rights, of discrimination of mobile workers and of trafficking for labour exploitation. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies, services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the fAuture single digital gateway53 . __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]hority. On the basis of its analyses the Authority should reach conclusions and give recommendations to the Commission and Member States for corresponding measures.
Amendment 147 #
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 EURES, the Your Europe portal, the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , the Internal Market Information System, the Senior Labour Inspectors Committee and the European Platform to enhance cooperation in tackling undeclared work as well as with relevant national services such as the bodies tocharged with promoteing equal treatment and to support Unioning mobile 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. The Authority should 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, and the operation and development of the IT infrastructure, which will 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 170 #
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities 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. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections should have minimum investigation powers. The results of the joint inspections should have legal effects in the Member States concerned.
Amendment 174 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 197 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 201 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Authority should be governed and operated in line withtaking into consideration the principles of the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies of 19 July 2012.
Amendment 204 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and, the Commission and social partners 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 a Deputy 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 212 #
Proposal for a regulation
Recital 22
Recital 22
(22) Without prejudice to the powers of the Commission, the Management Board, the Executive Director and the Deputy Executive Director should be independent in the performance of their duties and act in the public interest.
Amendment 214 #
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, including recognized EU sectoral social partners representing different sectors particularly concerned by labour mobility issues. 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 232 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility within the Internal Market, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, and the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 236 #
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. 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 Regulationsmediation function between Member States related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009.
Amendment 242 #
Proposal for a regulation
Recital 33
Recital 33
(33) 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 provide a forum for consultation of social partners and government representatives at national level. The Authority should contribute to their work and mayshould participate in their meetings.
Amendment 245 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and Decision (EU) 2016/589344 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 254 #
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 fairness in the iInternal mMarket 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, as well as for improved compliance, implementation and enforcement of the Union law 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 257 #
Proposal for a regulation
Chapter 1 – title
Chapter 1 – title
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union. ct within the powers conferred to it by this Regulation and in accordance with Regulation (EU) No 492/2011 of the European Parliament and of the Council 69a, Directive 2014/54/EU of the European Parliament and the Council 69b, Regulation(EU) 2016/589 of the European Parliament and the Council 69c, Directive 96/71/EC of the European Parliament and the Council 69d and Directive 2014/67/EU of the European Parliament and the Council 69e, Regulation(EC) No 883/2004 of the European Parliament and the Council 69f, Regulation (EC) No 987/2009 of the European Parliament and the Council69g , Regulation(EU) No 1231/2010 of the European Parliament and the Council69h; as well as Council Regulation (EC) No 1408/716 69i and Council Regulation (EC) No 574/72 69j,and Decision(EU) 2016/344 of the European Parliament and the Council 69k including all legal acts adopted pursuant to those legislative acts. __________________ 69a Regulation(EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p.1). 69b Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 69c Regulation(EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p.1). 69d Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996concerning the posting of workers in the framework of the provision of services(OJ L 18, 21.1.1997, p. 1). 69e Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 69f Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 69g Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 69h Regulation(EU) No 1231/2010 of the European Parliament and of the Council of 24 November2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 69i Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 69j Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1). 69k Decision(EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall also perform tasks related to aspects of sector-specific Union law which concern labour mobility.
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 284 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internalunder the freedoms of movement for workers and of provision of services and with regard to social security coordination in the internal market aimed at the development of a genuine Union labour market. To this end, the Authority shall:
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and nd encourage the necessary activities for the purpose of promoting fair labour mobiligationsty as well as to relevant servpreventing and countering unfair labour mobility practices;
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) oversee and examine the application of relevant Union law by and within Member States and forward conclusions and recommendations;
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportenhance cooperation between Member States inwith the cross-border enforcement of relevant Union law, includingpurpose of consistent, efficient and effective compliance, implementation and enforcement of relevant Union law as referred to in Article 1(2)(3), including proposing and facilitating joint inspections;
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate afor reaching solutions in cases of cross-border disputes between national authorities or labour market disruptionconcerning labour mobility issues.
Amendment 331 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Definitions For the purposes of this Regulation the following definitions apply: (1) “mobile worker” means a worker within the meaning of Article 45 TFEU or a natural person providing services within the meaning of Article 53(1) TFEU; (2) “seasonal worker' means a citizen of the Union who retains his or her principal place of residence in one Member State and moves temporarily to the territory of another Member State to carry out an activity dependent on the passing of seasons, for an undertaking established in that Member State for a limited period and who stays in the territory of that Member State for the duration of activity; (3) “frontier worker” means a person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week; (4) “posted worker” means a worker who, for a limited period, carries out work in the territory of a Member State other than that in which he or she normally works; (5) “fraudulent work contract” means an agreement to engage a natural person as a worker or to provide services, which disguises a different legal relationship for the purpose of financial gain; (6) “trafficking for labour exploitation” means the recruitment of workers from a Member State by means of coercion, fraud or deception with regard to the potential job, location or employer for the purpose to exploiting their labour in another Member State;
Amendment 334 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In order to achieve its objectives as stipulated in Article 2, the Authority shall carry out the following tasks:
Amendment 336 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 346 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) facilitate cooperation andand encourage cooperation, coordination, as well as the exchange of information between national authorities with a view to the effectiveconsistent, effective and efficient compliance, implementation and enforcement of relevant Union law, in accordance with Article 8;
Amendment 347 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) oversee the application of Union law in the area of labour mobility, as well as examine breaches of this law such as various forms of social fraud, infringements and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and forward the corresponding conclusions and recommendations in accordance with Article 8a and 8b;
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) propose, coordinate and support concerted and joint inspections, in accordance with Articles 9, 10 and 10a;
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments on issues of cross-borderrelated to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11;
Amendment 359 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) issue guidelines and interpretative opinions on relevant Union law and support Member States with capacity- building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;
Amendment 375 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 391 #
Proposal for a regulation
Article 6
Article 6
Amendment 438 #
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) 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. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the
Amendment 466 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate and encourage cooperation between Member States and support their effective compliance with cooperation obligationcommitments, including on information exchange, as defined in Union law within the scope of the Authority’s competences. as referred to in Article 1.
Amendment 470 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To thatis end, the Authority shall, upon request of national authorities, and in order to speed up exchanges between them, in particular shall:
Amendment 479 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchangthe exchanges of information including on the status of cases between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;
Amendment 484 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point c
Article 8 – paragraph 1 – subparagraph 2 – point c
(c) promote and share best practicessharing of best practices between Member States and provide them with such practices regarding its own knowledge;
Amendment 487 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 501 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 504 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e a (new)
Article 8 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) 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 in the area of labour mobility within the internal market, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare;
Amendment 513 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 523 #
Proposal for a regulation
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, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud,, such as a future European social security register for access to relevant data in real time, in order to facilitate the detection of fraud, in particular in social security area. The Authority shall providinge reports to the Commission with a view to their further development.
Amendment 531 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Oversight of the application of Union law 1. In order to oversee the application of the relevant Union law, the Authority shall: (a) cooperate with other Union bodies, initiatives and networks, such as the Administrative Commission for social security coordination, Senior Labour Inspectors Committee, the European Network of Public Employment Services, the European Enterprise Network, SOLVIT, Your Europe Portal, Internal Market Information System, EURES and the Border Focal Point, in particular to identify obstacles to fair and voluntary labour mobility and fair competition and shall forward recommendations to the Commission for overcome such obstacles; (b) collect information about cases of non-compliance and of violation of Union law, of infringement and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and shall give conclusions and recommendations for preventive and coercive measures to the competent authorities at Union and national levels; (c) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13. (d) facilitate cross-border enforcement procedures of penalties and fines by elaborating and monitoring, in cooperation with Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate. (e) supervise the cooperation between Member States and if a Member State persistently refuses to cooperate, the Authority shall refer the case to the Commission. 2. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours. 3. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority’s competences.
Amendment 535 #
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Amendment 543 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspecor of social partners' organisations ior on the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectioninitiative the Authority, Member States shall work towards concluding an agreement between them and the Authority for concerted or joint inspections in the areas under the scope of the Authority’s competences.
Amendment 553 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.
Amendment 555 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Upon the agreement, the Authority shall facilitate and coordinate the inspections under paragraph 1.
Amendment 561 #
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 advance. In such cases, the Authority shall inform the other national authorities concernedIf an agreement for concerted or joint inspections cannot be reached Member States that decline concluding an agreement shall submit to the Authority considerations and additional information on the nature of the issue in question and shall suggest approaches towards resolution of the case under consideration. The Authority shall assess the information received and submit a reasoned opinion on the issue.
Amendment 569 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information aboutMember States shall keep information regarding the envisaged inspection confidential.
Amendment 584 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 603 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Officials from another Member State and from the Authority participating in concerted or joint inspections shall have the same powers as national officials in accordance with the national legislation of the concerned Member State. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections shall have minimum investigation powers in accordance with Article 10a.
Amendment 604 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. Concerted and join inspections shall not replace nor undermine national competences. National authorities should also be fully associated in the process and have full and autonomous authority. Where trade unions are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the trade unions concerned so agree.
Amendment 633 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Member States shall ensure that during legal proceedings, the information collected in accordance with this Article may be relied upon as evidence under the same conditions as evidence legally collected on their national territory.
Amendment 653 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 655 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 657 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry outinitiate analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threatchallenges and recurring problems encountered by individuals and employers in relation to cross-border mobilityconcerning labour mobility within the internal market. Such analyses and assessments shall also take into consideration the impacts and the consequences of labour market imbalances. 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 discrimination of mobile workers, fraudulent work contracts, trafficking for labour exploitation and social fraud, as well as of skills forecasting and health and safety at work. Upon a request by the Commission or upon its own initiative, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 682 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Authority shall support Member States with capacity building aimed at promoting the consistent compliance, implementation and enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop interpretative opinions, common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 762 #
Proposal for a regulation
Article 14
Article 14
Amendment 781 #
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) an Executive Board, which shall exercise the functions set out in Article 22a;
Amendment 782 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) an Executive Director and a Deputy Executive Director who shall exercise the responsibilities set out in Article 23 and 23a respectively;
Amendment 787 #
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, 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 799 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of: (a) one senior representative from each Member State and two representatives of the Commission, all of whom have voting rights; (b) one member representing the employers' organisations from each Member State; (c) one member representing the employees' organisations from each Member State; (d) two representatives of the Commission; (e) three independent experts appointed by the European Parliament.
Amendment 807 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. All members referred to in point 5 (a) to (d) of paragraph 1 shall have voting rights. The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. The responsible committee of the European Parliament shall appoint the experts referred to in point (e) of the first subparagraph after verifying that the appointments raise no conflicts of interest.
Amendment 808 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his or her absence. The alternate shall be appointed following the procedure as provided for in the paragraph 1a.
Amendment 810 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall bhave appointed by their respective Member States in light of theirropriate knowledge in the fields referred to in Article 1(2), taking into accountas well as relevant managerial, administrative and budgetary skills.
Amendment 814 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Amendment 817 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
Amendment 822 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard. The Members of the Management Board shall ensure that the general interests of the Union and of the Authority are upheld.
Amendment 824 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablerenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 829 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. Within the Management Board, the representatives of governments, employers' organisations and employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberations within and between the groups. The coordinators of the employers' and employees' groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote.
Amendment 831 #
Proposal for a regulation
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
5b. A representative of Eurofound, EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.
Amendment 834 #
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) adopt rules, including measures for detecting potential risks at an early stage, for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), as well as for seconded national experts, and shall publish annually on ithe Authority's website their declarations of interests of the Management Board memberand updates;
Amendment 839 #
Proposal for a regulation
Article 19 – paragraph 1 – point l
Article 19 – paragraph 1 – point l
(l) establish, where appropriate, an internal audit capacity;
Amendment 840 #
Proposal for a regulation
Article 19 – paragraph 1 – point m
Article 19 – paragraph 1 – point m
(m) appoint the Executive Director and the Deputy Executive Director, and where necessary extend his or renew ther term of office or remove him or therm from office in accordance with Article 32;
Amendment 844 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairpersons from among the members with voting rights as follows: one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission, and shall strive for gender balance. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of the members of the Management Board with voting rights. The Management Board shall ensure a balanced representation between men and women for the Chairperson and the Deputy Chairpersons, taken together.
Amendment 850 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.
Amendment 852 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairperson s shall be fourtwo years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 858 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 860 #
Proposal for a regulation
Article 23 – paragraph 4 – point f
Article 23 – paragraph 4 – point f
(f) preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;
Amendment 861 #
Proposal for a regulation
Article 23 – paragraph 4 – point i
Article 23 – paragraph 4 – point i
(i) preparing the draft financial rules applicable to the Authority and presenting them to the Management Board for approval;
Amendment 863 #
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
Article 23 – paragraph 4 – point j a (new)
(ja) in accordance with the decision referred to in Article 19 (2), taking decisions with regard to the management of human resources;
Amendment 865 #
Proposal for a regulation
Article 23 – paragraph 4 – point j b (new)
Article 23 – paragraph 4 – point j b (new)
(jb) taking decisions with regard to the Authority’s internal structures and, where necessary, their amendment, taking into account the needs relating to the Authority’s activities and sound budgetary management;
Amendment 866 #
Proposal for a regulation
Article 23 – paragraph 4 – point j c (new)
Article 23 – paragraph 4 – point j c (new)
(jc) cooperating with other Union agencies, and concluding cooperation agreements with them;
Amendment 871 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, as well as to establish a liaison office in Brussels to further the Agency's cooperation with the relevant Union institutions and bodies. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.
Amendment 872 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. Without prejudice to the respective roles of the Management Board in relation to the tasks of the Executive Director, the Executive Director shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body. Neither Member States, the Union institutions or bodies, nor any other public or private body shall seek to influence the Executive Director in the performance of his tasks. In accordance with the Staff Regulations referred to in Article 68, the Executive Director shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
Amendment 873 #
Proposal for a regulation
Chapter 3 – section 2 a (new)
Chapter 3 – section 2 a (new)
Section 2a Deputy Executive Director Article 23a Deputy Executive Director 1. The Deputy Executive Director shall be a member of staff and shall support the Executive Director in carrying out the Authority’s functions and activities. Without prejudice to paragraph 3, the Deputy Executive Director shall be under the authority of the Executive Director. The Executive Director shall present details of the Deputy Executive Director’s functions to the Management Board for approval. 2. The Deputy Executive Director may attend, and accompany the Executive Director, at the meetings of the Management Board and the Executive Board. 3. Article 32 shall apply mutatis mutandis to the Deputy Executive Director.
Amendment 882 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Directora Chair elected amongst its members and shall meet at least twice a year on the initiative of the Executive DirectoChair or at the request of the Commission or on the initiative of one-third of its members. It shall participate in meetings convene by the Management Board in accordance with Article 21(4).
Amendment 891 #
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, and two representatives of the Commissionincluding of recognised EU sectoral social partners from different sectors particularly concerned by labour mobility issues.
Amendment 903 #
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The Stakeholder Group may establish working groups on specific topics.
Amendment 910 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
Amendment 911 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure which guarantees a rigorous assessment of the candidates and a high degree of independence. Before his or her appointment, the candidate selected shall appear at a hearing before and shall answer questions of the responsible committee of the European Parliament.
Amendment 913 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The term of office of the Executive Director shall be five years. By six months before the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.
Amendment 915 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulativeoverall period.
Amendment 916 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission, on the basis of a reasoned assessment of his or her performance as an Executive Director.
Amendment 918 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Deputy Executive Director The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.
Amendment 942 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1– point na
Article 1– point na
(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;
Amendment 944 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1 a (new)
Article 46 – paragraph 1 – point 1 a (new)
Regulation (EC) No 883/2004
Article 71 – paragraph 1
Article 71 – paragraph 1
(1a) In Article 71, paragraph 1 is replaced by the following: “1. The Administrative Commission for the Coordination of Social Security Systems(hereinafter called "the Administrative Commission") attached to the Commission of the European Communities shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the Commission of the European Union and a representative of the European Labour Authority shall attend the meetings of the Administrative Commission in an advisory capacity.”;
Amendment 945 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 –point (g)
Article 72 –point (g)
Amendment 950 #
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Article 46 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Article 73
Article 73
Amendment 952 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 953 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5 – introductory part
Article 46 – paragraph 1 – point 5 – introductory part
Regulation (EC) No 883/2004
Article 76 – paragraph 6
Article 76 – paragraph 6
(5) in Article 76(6), the secondfollowing sentence is replaced by the followingadded:
Amendment 954 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5
Article 46 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Article 76 – paragraph 6
Article 76 – paragraph 6
Amendment 959 #
Proposal for a regulation
Article 47 – paragraph 1 – point 1
Article 47 – paragraph 1 – point 1
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) ‘European Labour Authority’ means the body referred to in Article 74 of the basic Regulation.established by [Regulation Establishing the Authority]';
Amendment 961 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2 – introductory part
Article 47 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 987/2009
Article 5 – paragraph 4
Article 5 – paragraph 4
(2) in Article 5, the following paragraph 4a is replaced by the followingadded:
Amendment 962 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a
Article 5 – paragraph 4 a
4a. Where no agreement is reached between the institutions concerned on a matter related to employed, self-employed or unemployed persons, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month following the date on which the Administitution that received the document submitted its requestrative Commission was called to intervene by the institutions concerned. The European Labour Authority shall endeavour to reconcile the points of view in accordance with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
Amendment 964 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3 – introductory part
Article 47 – paragraph 1 – point 3 – introductory part
Regulation (EC) No 987/2009
Article 6 – paragraph 3
Article 6 – paragraph 3
(3) in Article 6, the following paragraph 3a is replaced by the followinginserted:
Amendment 965 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6 – paragraph 3a
Article 6 – paragraph 3a
3a. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the European Labour Authority by the competent authoritiesAdministrative Commission no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arosematter was brought before it. The European Labour Authority shall seek to reconcile the points of view in line with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;
Amendment 966 #
Proposal for a regulation
Article 47 – paragraph 1 – point 4
Article 47 – paragraph 1 – point 4
Amendment 967 #
Proposal for a regulation
Article 47 – paragraph 1 – point 5
Article 47 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
Amendment 968 #
Proposal for a regulation
Article 47 – paragraph 1 – point 6
Article 47 – paragraph 1 – point 6
Regulation (EC) No 987/2009
Article 69
Article 69
Amendment 971 #
Proposal for a regulation
Article 49
Article 49
Regulation (EU) 2016/589
Articles 1, 3, 7, 8, 9, 29
Articles 1, 3, 7, 8, 9, 29
Amendment 973 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Decision (EU) 2016/344
Article 2–paragraph 1–point (da); Article 8–paragraph 1–subparagraph 3; Article 9
Article 2–paragraph 1–point (da); Article 8–paragraph 1–subparagraph 3; Article 9
Article 49a Amendments to Decision (EU) 2016/344 Decision (EU) 2016/344 is amended as follows: (1) In Article 2, paragraph 1, the following point (ca) is added: “(ca) The Executive Director of the European Labour Authority.” (2) In Article 8, paragraph 1, subparagraph 3 is replaced by the following: “The Bureau shall prepare and organise the work of the Platform in conjunction with a Secretariat, which shall function as a secretariat to the Platform, including the Bureau and working groups. The Secretariat shall be provided by the European Labour Authority.” (3) Article 9 is replaced by the following: “Article 9 Cooperation 1.The Platform shall cooperate effectively and shall avoid duplication of work with other relevant expert groups and committees at Union level whose work has a link with undeclared work, in particular, the Senior Labour Inspectors Committee, the Administrative Commission for Social Security Coordination, the Public Employment Services Network, Employment Committee (EMCO), Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Direct Taxation. The Platform shall invite the representatives of those groups and committees to attend its meetings as observers where appropriate. In the interest of more efficient working and enhanced impact, joint meetings may also be organised. 2. The Platform shall establish appropriate cooperation with the European Labour Authority, Eurofound and EU-OSHA.”
Amendment 974 #
Proposal for a regulation
Article 50 – subparagraph 1
Article 50 – subparagraph 1
Decision 2009/17/EC and Decision (EU) 2016/344 areis repealed.
Amendment 975 #
Proposal for a regulation
Article 50 – subparagraph 2
Article 50 – subparagraph 2
References to Decision 2009/17/EC and Decision (EU) 2016/344 shall be construed as references to this Regulation.