9 Amendments of Morten LØKKEGAARD related to 2012/0061(COD)
Amendment 261 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Member States shall ensure that the service provider established in another Member State or the contractor has an obligation through a system of notification to make a simple declaration to the responsible competent national authorities to be completed easily by undertakings at a distance and by electronic means as far as possible and at the latest at the commencement of the service provision, in order to enable the competent national authorities to carry out effective and adequate inspections and control.
Amendment 265 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member Sstates may only impose the following administrative requirements and control measures: shall ensure that the service provider established in another Member State or the contractor has an obligation through a system of notification to make a simple declaration to the responsible competent national authorities to be completed easily by undertakings at a distance and by electronic means as far as possible and at the latest at the commencement of the service provision in order to enable the competent national authorities to carry out effective and adequate inspections and control.
Amendment 267 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 268 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 271 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 274 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 278 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that the procedures and formalities relaA notification system shall include at least the duration of the posting to, the posting of workers can be completed easily by undertakings, at a distance and by electronic means as far as possiblstarting day, the identity and number of posted workers and the worksites in the host Member State.
Amendment 283 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workIn order to carry out effective and adequate inspections and controls Member States should introduce at least the following control measures and may go further in conformity with union law introducing others as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modificationsdministrative requirements and control measures necessary for effective control.
Amendment 316 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall provide that athe contractor who has undertaken due diligence shallis not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to if the service provider or the contractor have fully complied with the obligations to make a declaration to the competent national authorities as set out in Aarticle 39 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workersand 9 (2) or have fully complied with the obligations in a due diligence system in cases where the Member State applies such a system.