Activities of Dennis de JONG related to 2018/0202(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Globalisation Adjustment Fund (EGF).
Amendments (30)
Amendment 23 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In accordance with Article 151 TFEU, the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion. The European Globalisation Adjustment Fund (EGF) should serve the realisation of these objectives.
Amendment 29 #
Proposal for a regulation
Recital 8
Recital 8
(8) Globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies. Labour reallocation is an integral and inevitable part of such economic change. If the benefits of change are to be distributed fairly, offering assistance to displaced workers and those threatened by displacement is of utmost importance. The ‘EU Quality Framework for anticipation of change and restructuring’22 , is the Union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring. It offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means. IWithout prejudice to the social responsibilities of the business community, it also calls upon Member States to use EU and national funding in a way to ensure that the social impact of restructuring, especially the adverse effects on employment, can be cushioned more effectively. The main Union instruments to assist workers affected are the European Social Fund Plus (ESF+), which is designed to offer assistance in an anticipatory way, and the EGF, which is designed to offer assistance in the case of unexpected major restructuring events in a reactive manner. _________________ 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Quality Framework for anticipation of change and restructuring, (COM(2013)882 final, 13.12.2013).
Amendment 32 #
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission carried out a mid- term evaluation of the EGF to assess how and to what extent the EGF achieves its objectives. The EGF proved to be effective, attaining a higher reintegration rate of displaced workers than in the previous programming period. The evaluation also found that the EGF generated European added value. This is particularly true in terms of its volume effects, meaning that EGF assistance not only increases the number and variety of services offered, but also their level of intensity. Moreover, EGF interventions have high visibility and demonstrate the EU added value of the intervention directly to the general public However, several challenges were identified. On the one hand, the mobilisation procedure was considered to be too long. Furthermore, mit should be clear that for the development of social plans aimed at the reintegration of the workers concerned into the labour market, the businesses concerned and the Member States bear the primary responsibility. The EGF can only fulfill a complementary role and should concentrate on those regions, where neither the businesses concerned, nor the national and regional authorities have the resources to provide for the necessary measures. Also, European added value has been questioned in those cases, where a company first received national and European subsidies (for instance, for its innovation activities), then decides to relocate a profit-making establishment to another Member State or even to third countries, without taking its responsibility for funding the reintegration of the workers affected by the closure of its establishment, and instead, especially in cases of relocation within the EU, may once more benefit from subsidies at the new location. In addition, the mobilisation procedure was considered to be too long. Many Member States reported problems putting together the extensive background analysis of the event that triggered the redundancies. The main reason that keeps Member States that would have had a potential EGF case from applying are financial and institutional capacity problems. On the one hand, it could simply be a lack of manpower – Member States currently can ask for technical assistance only if they implement an EGF case. Since redundancies can happen unexpectedly, it would be important that Member States are ready to react immediately and can submit an application without any delays. Furthermore, in certain Member States, more profound institutional capacity building efforts seem necessary in order to ensure an efficient and effective implementation of EGF cases. The threshold of 500 displaced jobs was criticized as being too high, especially in lesser populated regions26 . _________________ 26 COM (2018) 297 final and accompanying SWD (2018) 192 final.
Amendment 34 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission underlines the continuing importance of the role of the EGF as a flexible fund to support workers who lose their jobs in large-scale restructuring events and to help them to find another job as rapidly as possible. The Union should continue to provide specific, one-off support to facilitate the re- integration into employment of displaced workers in areas, sectors, territories or labour markets suffering a shock of serious economic disruption. Considering the interplay and mutual effects of open trade, technological change or other factors like the transition to a low carbon economy, and therefore considering that it is increasingly difficult to single out a specific factor that causes job displacements, the mobilisation of the EGF shall in the future only be based on the significant impact of a restructuring event. Given its purpose, which is to provide support in situations of urgency and unexpected circumstances, complementing the more anticipatory assistance offered by the ESF+, the EGF shallould remain a flexible and special instrument outside the budgetary ceilings of the Multiannual Financial Framework, as set out in the Commission's communication.' A Modern Budget for a Union that Protects, Empowers and Defends - The Multiannual Financial Framework for 2021 – 2027'and its annex27 . _________________ 27 Commission SWD (2018) 171 final and its annex COM (2018) 321 final.
Amendment 35 #
Proposal for a regulation
Recital 14
Recital 14
(14) As stated, in order to maintain the European nature of the EGF, an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy, and neither the business concerned, nor the national or regional authorities have the resources to provide for the necessary measures. Such an impact should be defined by a minimum number of job displacements within a specific reference period. Taking into account the findings of the mid-term evaluation, the threshold shall be set at 250 jobs displacement within a reference period of four months (or 6 months in sectoral cases). Taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market, regional applications shallould be possible as well. In small labour markets, such as small Member States or remote regions, including the outermost regions as referred in Article 349 of the TFEU, or in exceptional circumstances, applications could be submitted in case of a lower number of job displacements.
Amendment 36 #
Proposal for a regulation
Recital 18
Recital 18
(18) Displaced workers and self- employed persons whose activity has ceased should have equal access to the EGF independently of their type of employment contract or employment relationship. Therefore, displaced workers as well as self-employed persons whose activity has ceased should be regarded as possible EGF beneficiaries for the purposes of this Regulation.
Amendment 37 #
Proposal for a regulation
Recital 19
Recital 19
(19) Financial contributions from the EGF should be without prejudice to the social responsibility of the businesses concerned and should be primarily directed at active labour market measures aimed at reintegrating beneficiaries rapidly into sustainable employment, either within or outside their initial sector of activity. Measures should reflect the prospected needs of the local or regional labour market. However, whenever relevant, the mobility of displaced workers should also be supported in order to help find new employment elsewhere. A particular focus shall be laid on the dissemination of skills required in the digital age. The inclusion of pecuniary allowances in a coordinated package of personalised services should be restricted. Companies cshould be encouraged to participate in the national co-funding for the EGF-supported measures.
Amendment 38 #
Proposal for a regulation
Recital 24
Recital 24
(24) In compliance with the principle of sound financial management, financial contributions from the EGF should not replace but should, where possible, complement support measures which are available for beneficiaries within the Union funds or other Union policies or programmes complement support measures businesses concerned are required to take within the context of a social plan, and measures national or regional authorities can fund themselves as well as measures which are available for beneficiaries within the Union funds or other Union policies or programmes. Situations in which businesses first receive Union subsidies for their activities, such as for innovation, and then close down profit-making establishments should be avoided; especially in these cases, contributions from the EGF should be made conditional upon cofunding by the businesses concerned.
Amendment 39 #
Proposal for a regulation
Recital 29
Recital 29
(29) In the interest of the beneficiaries, assistance should be made available as quickly and efficiently as possible. The Member States and the Union institutions involved in the EGF decision-making process should do their utmost to reduce processing time and simplify procedures so as to ensure the smooth and rapid adoption of decisions on the mobilisation of the EGF. Therefore, the Budgetary Authority shallould in the future decide on transfer requests submitted by the Commission, not requiring a Commission Proposal for the mobilisation of the EGF anymore.
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The EGF shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change. As such, the EGF shall contribute to the implementation of the principles defined under Article 151 TFEU, the European Pillar of Social Rights and enhance social and economic cohesion among regions and Member States.
Amendment 43 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the programme is to demonstrate solidarity with and offer support to displaced workers and self-employed persons whose activity has ceased in the course of unexpected major restructuring events, referred to in Article 5.
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The specific objective of the EGF is to offer assistance in case of unexpected major restructuring events, particularly those caused by globalisation-related challenges, such as changes in world trade patterns, trade disputes, financial or economic crises, the transition to low- carbon economy or as a consequence of digitisation or automation. Particular emphasis shall lie on measures that help the most disadvantaged groups and on Member States and regions having been hit hardest and where the national and regional authorities lack adequate resources for taking the necessary measures. The EGF is without prejudice to the social responsibilities of the companies concerned, in particular where it concerns their contribution to the social plans for displaced workers.
Amendment 48 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 50 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States may apply for financial contributions from the EGF for measures targeting displaced workers and self-employed persons in accordance with the provisions laid down in this Article.
Amendment 51 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the cessation of activity of more than 250 displaced workers or self- employed persons, over a reference period of four months, in an enterprise in a Member State, including where that cessation applies in its suppliers or downstream producers;
Amendment 52 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the cessation of activity of more than 250 displaced workers or self- employed persons, over a reference period of six months, particularly in SMEs, where all operate in the same economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions defined at NUTS 2 level or in more than two contiguous regions defined at NUTS 2 level provided that there are more than 250 workers or self-employed persons affected in two of the regions combined;
Amendment 54 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the cessation of activity of more than 250 displaced workers or self- employed persons, over a reference period of four months, particularly in SMEs, operating in the same or different economic sectors defined at NACE Revision 2 division level and located in the same region defined at NUTS 2 level.
Amendment 56 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Whenever the cessation of activity concerns a profit-making enterprise, the company concerned shall contribute to the reintegration of displaced workers, preferably in the context of a social plan; funding under the EGF shall be made conditional upon such a contribution.
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The applicant Member State shall specify the method used for calculating the number of workers and self-employed persons defined in Article 4 for the purpose of Article 5.
Amendment 59 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
Amendment 60 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
Article 6 – paragraph 2 – subparagraph 1 – point e
Amendment 61 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) displaced workers and self- employed persons whose activity has ceased, calculated in accordance with Article 6, within the reference periods provided for in Article 5;
Amendment 62 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) displaced workers and self- employed persons whose activity has ceased, calculated in accordance with Article 6, outside the reference period provided for in Article 5; namely 6 months before the start of the reference period or between the end of the reference period and the last day before the date of the completion of the assessment by the Commission.
Amendment 63 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
The workers and self-employed persons referred to in point (b) of the first subparagraph shall be considered eligible provided that a clear causal link can be established with the event which triggered the redundancies during the reference period.
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) measures which are the responsibility of enterprises by virtue of national law or, collective agreements or are part of a social plan enterprises have agreed to contribute to.
Amendment 68 #
Proposal for a regulation
Article 9 – paragraph 5 – point b
Article 9 – paragraph 5 – point b
(b) the confirmation that, where the dismissing enterprise has continued its activities after the lay-offs, it has complied with its legal obligations governing the redundancies, as well as with those resulting from collective agreements or negotiations on a social plan;
Amendment 69 #
Proposal for a regulation
Article 9 – paragraph 5 – point b a (new)
Article 9 – paragraph 5 – point b a (new)
(b a) a clear indication of the activities already undertaken by the Member States themselves for the assistance of displaced workers and of the complementary nature of the requested funds under the EGF due to lack of resources available to national or regional authorities;
Amendment 70 #
Proposal for a regulation
Article 9 – paragraph 5 – point b b (new)
Article 9 – paragraph 5 – point b b (new)
(b b) an overview of EU funds the dismissing enterprise already benefitted from in the five years preceding the collective redundancies;
Amendment 72 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. A financial contribution from the EGF shall not replace measures which are the responsibility of companies by virtue of national law or collective agreements. , collective agreements or resulting from negotiations on a social plan. Especially, if the companies concerned already benefitted in the preceding five years of EU funding, and the collective redundancies concerned a profit-making establishment, they will be expected to take their social responsibility by making a substantial contribution to the relevant measures receiving support by the EGF.
Amendment 83 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2