27 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2018/0064(COD)
Amendment 26 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authoritgency (text with relevance for the EEA and for Switzerland)
Amendment 30 #
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work 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. Pursuant to Article 5 TEU, the exercise of EU competences is subject to rules of subsidiarity and proportionality.
Amendment 33 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authoritgency (the ‘Authority’gency') should be established in order to help strengthen fairness and trust in and promote free movement of workers and services within the Single Market. To that effect, the Authoritgency should support the Member States and the Commission in strengthening access to relevant and up-to- date information for individualworkers and employers about their rights and obligations in cross-border labour mobility situations within all Member States through an ELA web portal, as well as access to relevant services, support compliance andand promote cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 42 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authoritgency should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authoritgency, 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 witht should be able to report them to the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 54 #
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 that sector, such as the area of international transport. The Authority should alsogency may also, with the prior consent of the Member State concerned, 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.
Amendment 59 #
(11) To ensure they can fully benefit from a fair and effective internal market, the Authoritgency should promote opportunities for individualworkers and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by creating accessible web portal containing up-to-date and comprehensive data on the labour laws and working conditions in all EU Member States, facilitating access to cross-border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authoritgency should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . _________________ Regulation [Single Digital Gateway – 53 COM(2017)256]
Amendment 63 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fairproportionate, non- discriminatory, simple and effective application of Union law, the Authoritgency should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authoritgency should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 67 #
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 Authoritgency 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 Authoritgency's suggestion. The Authoritgency 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 concernedapplicable on the territory of the Member State in which the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to this national law.
Amendment 85 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The seat of the Agency should be determined in full respect of the Joint Statement of 19 July 2012 on decentralised agencies, including the geographical balance criteria.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authoritgency (‘the Authority’gency').
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contributepromote freedom of movement of workers and services, and to ensuringe fair labour mobility in the internal market. To this end, the Authoritgency shall:
Amendment 105 #
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 obligationsprovide relevant information to workers and employers on their rights and obligations, labour laws and conditions in all of the EU Member States through accessible ELA web portal available in all EU official languages, as well as toprovide relevant services related to cross-border mobility, including free of charge advisory services to workers and employers;
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) at the request of the Member State concerned, mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individualprovide information to workers and employers on their rights and obligations in cross-border situations as well as access to cross-border labour mobility service, on labour laws and conditions in all EU Member States through accessible ELA web portal available in all official EU languages, as well as provide cross-border labour mobility services, including advisory services for workers and employers, in accordance with Articles 6 and 7;
Amendment 134 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10, at the request and with the prior consent of the Member States concerned;
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13, at the request of the Member State concerned;
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individualworkers and employers in cross-border labour mobility situations through accessible web portal available in all official EU languages;
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, including through guidance on access to learpreparing and organizing relevant trainings and language trainingworkshops for workers and employers;
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide workers and employers with relevant information to employers on labour rules, and the living and working conditions, applicable to workers in cross-border labour mobility situations, including posted workers, as well as to provide relevant information on labour laws and conditions in all of the EU Member States. The information shall be provided in all official languages of the EU through an up-to-date and accessible ELA web portal;
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authoritgency shall provide services to individuals and employers to facilitate labour mobility across the Union, including advisory services and organizing trainings. To that end, the Authoritgency shall:
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 197 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, may suggest referring those to mediation in accordance with Article 13.
Amendment 219 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. WThere participation of the national authority of the Member State in the concerted or joint inspection is voluntary. If 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 Authoritgency in writing of the reasons for its decision duly in advance. In such cases, the Authoritgency shall inform the other national authorities concerned.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authoritgency, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyondwithin the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 242 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authoritgency shall assess risks and carry out analyses regarding cross-border labour flows, such as obstacles to the free flow of workers and services, non- proportionate or discriminatory provisions in national laws, labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authoritgency 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 Authoritgency may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 255 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop commonnon-binding 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 291 #
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 for geographical and 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.