24 Amendments of Karima DELLI related to 2018/0064(COD)
Amendment 44 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority 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 and infringements of the rules concerning posted workers. In cases where the Authority, 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 with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 51 #
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 also deal with the cross-border aspects of the application of such sector-specific Union law, in particular Directive 2002/15 of the European Parliament and the Council, 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 . In the aviation sector, the Authority should also be involved in the application of European labour law. _________________ 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 69 #
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 and social partners in carrying out national, 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 Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the national, 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 75 #
Proposal for a regulation
Recital 16
Recital 16
(16) To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, particularly in order to strengthen their monitoring capacities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices among existing cooperation organisations and national authorities of Member States, and should promote the deployment of joint digital tools.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility andcontribute to the consistent, efficient and effective application of European labour and social law and shall assist with the coordination of social security systems within the Union.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall facilitate and support a reinforced cooperation between Member States, social partners, other stakeholders and the Commission in all labour and social matters with a cross- border dimension, including highly mobile workers.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. The Authority shall contribute to the enforcement and improvement of Union and national law in line with the EU Charter of Fundamental Rights and internationally applicable labour standards by (a) ensuring free movement of people, freedom of establishment and freedom to provide services; (b) equal treatment amongst people and fair cross-border competition; (c) preventing, detecting and prosecuting cross-border social fraud, wrong-doing and error; (d) preventing, deterring and combating undeclared work as well as promoting the declaration of undeclared work while ensuring the respect for applicable workers’ rights; (e) supporting cross-border prosecution and execution of fines and sanctions in labour and social matters; (f) facilitating the coordination of social security systems within the Union.
Amendment 107 #
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, support and counselling on their rights and obligations as well as to all relevant services;
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.or cross- border enforcement problems;
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) implement a complaints and response mechanism including incident reporting as regarding to cross-border social or labour fraud and error, in accordance with Article 8a;
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities and between persons and Member States' authorities on the application of relevant Union law, in accordance with Article 13;
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) advise the EU institutions on any initiative which it considers to be appropriate to encourage the effective enforcement of Union law in relation to people exercising their right of free movement and highly mobile workers;
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to social partners, relevant stakeholders, workers, jobseekers and employers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers and their affected families;
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a
Article 8 – paragraph 1 – subparagraph 2 – point a
(a) support national authorities, social partners and relevant stakeholders in identifying the relevant countact points oferparts in national authorities in other Member States;
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. The Authority shall maintain a Union list of enterprises that do not meet the relevant legal requirements with regards to ensuring fair and non- precarious labour mobility. This Union list shall be made public in order to ensure the greatest transparency. It shall be based on common criteria and reviewed regularly. The first list shall be established within the first 12 months of operation of the Authority. Enterprises appearing on the Union list shall be subject to an operating ban. The operating prohibitions on the Union list shall apply throughout the territory of the Member States. In exceptional cases, Member States may take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.
Amendment 206 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Initiation of national inspections 1. In specific cases where the Authority considers that national inspections or investigations should be initiated to enforce Union law falling in the scope of its objectives, it shall request the competent authorities of the Member States concerned to initiate, conduct or coordinate such an inspection or investigation. 2. The national authorities shall inform the Authority without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1. 3. If the competent authorities of a Member State decide not to accede to a request made by the Authority pursuant to paragraph 1, they shall inform the Authority of the reasons for their decision without undue delay, preferably within one month of receipt of the request. 4. The social partners and other stakeholders with a legitimate interest on national level may demand the Authority to initiate a request pursuant to paragraph 1 if they become aware of infringements of Union law that fall in the scope of this Regulation. The Authority shall inform the respective social partners and relevant stakeholders with a legitimate interest on the adopted measures.
Amendment 215 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the social partners or its own initiative, the Authority shall coordinfacilitate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States or the social partners. The Authority mayshall also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 222 #
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 agreementThe Authority shall develop binding guidelines for concerted and joint inspections.
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. Concerted and joint inspections may also cover the activities in the framework of the cooperation in the fight against fraudulent service providers as referred to in Chapter VI of the Services Directive 2006/123/EC.
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(ca) formulate recommendations addressed to both the Commission and the Member States to ensure the effective enforcement of Union law in relation to the work of the Authority, including in relation to fighting undeclared work, ensuring fair working conditions, fighting tax evasion and ensuring proper social protection for all.
Amendment 259 #
Proposal for a regulation
Article 12 – paragraph 1 – point e a (new)
Article 12 – paragraph 1 – point e a (new)
(ea) develop joint digital tools to strengthen cooperation between national authorities.
Amendment 277 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)