9 Amendments of Claudiu Ciprian TĂNĂSESCU related to 2018/0064(COD)
Amendment 123 #
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, workers who normally pursues an activity as an employed person in two or more Member covered by Regulations on social security coordination, EU Blue Card holders, intra- corporate transferees or long-term residents, as well as their family members.
Amendment 192 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for mediation and 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.
Amendment 546 #
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 inspections in the areas under the scope of the Authority’s competences. The definition of concerted or joint inspections shall be in line with ILO convention no 81 or investigating officers in case of a penal procedure may participate in inspections. 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 inspection.
Amendment 590 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An 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. This model agreement shall be in accordance with EU and national law of the Member States in order to ensure its legal certainty and enforceability.
Amendment 600 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned and particularly as regards the exclusive competence of Member States in setting up social inspection.
Amendment 611 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authority shall provide logistical, legal and technical support, which may include translation and, interpretation services and legal assistance, to Member States carrying out concerted or joint inspections.
Amendment 631 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection. The Authority shall establish a template for this reporting, taking into account the necessity to avoid unnecessary administrative burden.
Amendment 719 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority can solicitate the Member State(s) involved by a dispute for shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). If Member State refuses to participate in a mediation procedure, it shall inform the Member State requesting the mediation procedure and the Authority of the reasons of its decision. The mediation procedure can only be launched after the agreement of all Member States concerned by the dispute. The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 777 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate, in particular with Europol and Eurojust.