50 Amendments of Ádám KÓSA related to 2018/0064(COD)
Amendment 53 #
Proposal for a regulation
Title
Title
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) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 76 #
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 the Single Marketpromote proper application of the relevant Single Market Union legislation on movement of workers and services. 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 disruptions.
Amendment 127 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who 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 members as provided by relevant EU legal acts regulating their movement within the EU..
Amendment 159 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effectiveproper application of Union law, the Authority should support cooperation and timely exchange of information between Member States as provided by other relevant Union acts. Together with other staff, National Liaison Officers working within the Authority 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 168 #
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 shwould take place at the request of Member States or upon their agreement to the Authority's suggestion and always upon the agreement of the Member State concerned. 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.
Amendment 184 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C-178/97 EU:C:2000:169, paragraphs 44- 45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44- 45.Individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________
Amendment 234 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 247 #
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 (EU) 2016/589 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authoritgency shall assist Member States and the Commission in matters relating to cross-border labour mobility, in particular in the proper application of the Union legislation on the free movement of workers, the posting of workers in the framework of the provision of services and the coordination of social security systems within the Union..
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contribute to ensuring fairthat labour mobility in the internal market. To this end, the Authority shall: fully respects relevant Union legislation. It shall also contribute to tackling the complex problem of undeclared work, while fully respecting national competences and procedures.
Amendment 293 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 362 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders contribute to effective Union and national actions aiming to improve working conditions, including better enforcement of Union and national law, with the objective to reduce undeclared work, thus avoiding the event of cross-border labour market disruptionsdeterioration of the quality of work and of health and safety at work, in accordance with Article 14a.
Amendment 383 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) cooperate with the Administrative Commission on coordination of social security in the issues within its responsibility; to this end it may request the issue that it raised to be debated and decided by the Administrative Commission;
Amendment 386 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) carry out all work, studies or assignments on matters referred to it by the Administrative Commission.
Amendment 400 #
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 individuals in cross-border labour mobility situations by means of comprehensive reference to the national sources of relevant information of all Member States;
Amendment 408 #
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 non-binding guidance on access to learning and language training;
Amendment 416 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information through the ELA web portal with references to all national web portals which contain 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;
Amendment 443 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authoritgency shall provide free of charge services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authoritgency shall:
Amendment 456 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 472 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authoritgency shall, upon request of national authorities, and in order to speed up exchanges between them, in particular:
Amendment 486 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
Amendment 499 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 514 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 518 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authoritgency shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 545 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shallgency shall, upon the agreement of the Member States concerned, coordinate concerted or joint inspections in the areas under the scope of the Authoritgency’s competences. The request may be submitted by one or For the purpose of this Regulation “concerted or joint inspection” means inspections performed in the territory of a Member State by its inspection authorities with the participation of the inspection personnel in a capacity of observeral Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. s of one or more other Member States or the Agency. Concerted or joint on-site inspections can be performed only at workplaces within the remit of the domestic labour inspection services. For the purpose of this Regulation, the “inspection” means inquiry on proper application by the employers, settled in the territory of the European Union, of the Union law on free movement of workers, on posting of workers within the cross border provision of services, on intra EU mobility of legally employed third country nationals and on coordination of social security systems
Amendment 574 #
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 refusdoes not agree 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 declinedid not agree to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 588 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up aeach joint inspection ('the joint inspection agreement') or concerted inspection (“the concerted inspection agreement”) between the participating Member States and the Authoritgency shall set out the conditions for carrying out such an exercise. The joint, such as: place and time of the inspection, derailed purpose of the inspection, number and identification of inspectors and of the staff of the Agency, when allowed to participate in the inspection, and expected follow-up of the inspection. The joint inspection agreement and concerted inspection agreement may include provisions which enable joint and concerted inspections, once agreed and planned, to take place at short notice. The Authoritgency shall establish a model agreement.
Amendment 621 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. SWhere relevant and justified, the staff of the Authoritgency may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. The staff can only participate in inspection as observer and logistic support, to prepare reports on the inspection remains the sole competence of the authorities of the Member States.
Amendment 629 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authoritiMember States carrying out a concerted or joint inspection shall report back to the Authoritgency on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.
Amendment 637 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Information on concerted and joint inspections coordinated by the Agency shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supporcoordinated by the Authoritgency shall be included in the Authoritgency's annual activity report.
Amendment 645 #
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 beyondt shall report those scope of its competences, it shalluspected irregularities to the authorities in the Member State concerned. It can report those suspected irregularities to the Commission and authorities inonly with the assessment and opinion provided by the Member State concerned, where appropriate.
Amendment 665 #
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 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 shallgency shall use statistical data available from existing surveys, 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 based on data available to investigate specific labour mobility issues .
Amendment 669 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Authoritgency shall organise peer reviews amongst national authorities and services of Member States which agreed to participate in the review, in order to:
Amendment 686 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop non-binding 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 691 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) promote and support mutual assistance, either in the form of peer-to- peer or group activities, as well as staff exchanges and secondment schemes between national authoritiMember States;
Amendment 693 #
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 authoritiMember States;
Amendment 699 #
Proposal for a regulation
Article 13
Article 13
Amendment 764 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authorities, the AuthoritMember States concerned, the Agency may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 769 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a The Agency shall encourage cooperation between Member States aimed at improving working conditions, promoting integration in the labour market and social inclusion, including better enforcement of law within those fields, and reducing undeclared work by: (a) enhancing cooperation between Member States' relevant authorities and other actors involved in order to tackle more efficiently and effectively undeclared work in its various forms and falsely declared work associated with it, including bogus self-employment; (b) improving the capacity of Member States' different relevant authorities and actors to tackle undeclared work with regard to its cross-border aspects, and in this way contributing to a level playing field; (c) increasing public awareness of issues relating to undeclared work and of the urgent need for appropriate action as well as encouraging Member States to step up their efforts to (i) exchanging best practices and information; (ii) developing expertise and analysis;(iii) encouraging and facilitating innovative approaches to effective and efficient cross-border cooperation and evaluating experiences; (iv) contributing to a horizontal understanding of matters relating to undeclared work.
Amendment 783 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authoritgency may set up working groups or expert panels with representatives from all Member States that wish to participate 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 848 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Amendment 857 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to point (b) of Article 19(1) and to Article 32(8), tThe Management Board shall take decisions by the majority of two-thirds of members with voting rights.
Amendment 870 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 920 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. National Liaison Officers shall contribute to executing the tasks of the Authority, in particular by facilitating the cooperation and exchange of information set out in Article 8(1) andgency by acting as contact points of the Authoritgency for questions from their Member States and relating to their Member States, either by answering those questions directly or by liaising with their national administrations.
Amendment 941 #
Proposal for a regulation
Article 46
Article 46
Regulation (EC) No 883/2004
Articles 1, 72, 73, 74, 76
Articles 1, 72, 73, 74, 76
Amendment 949 #
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 958 #
Proposal for a regulation
Article 47
Article 47
Regulation (EC) No 987/2009
Articles 1, 5, 6, 65, 67, 69
Articles 1, 5, 6, 65, 67, 69