19 Amendments of Izaskun BILBAO BARANDICA related to 2018/0064(COD)
Amendment 40 #
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 servicestransport services characterised by a high degree of mobility. It should also enhance cooperation between Member States in tackling undeclared work and combating the establishment of letterbox companies in the road transport sector, which have caused deteriorations in the working conditions of drivers and contributed to distorting the sector’s competitiveness. 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 52 #
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 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, the Directive (Aamending Directive 2006/22/EC – COM(2017)278)52 and Regulation (EC) No 1008/200852a, while ensuring full respect for the powers already afforded to the European Aviation Safety Agency. _________________ 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. 52aRegulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
Amendment 61 #
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevacompetent national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. _________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 70 #
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 checks and 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 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 77 #
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, including by developing practical guidelines, and assistance in the harmonised implementation of EU law and in setting up electronic information transmission systems, 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.
Amendment 80 #
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should facilitate cooperation among relevant stakeholders and the relevant authorities in order to address labour market disruptions affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions.
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) fFacilitate access for individuals and employers to information on their rights and obligations as well as to the relevant services; and authorities.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating checks and joint inspections;
Amendment 116 #
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 or a persistent lack of cooperation between the national and/or relevant authorities or labour market disruptions.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and, employers and the relevant authorities on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) collect, process and publish statistics on checks and inspections, as transmitted by Member States in accordance with relevant Union law;
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support checks and concerted and joint inspections, in accordance with Articles 9 and 10;
Amendment 143 #
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 or in the event of a persistent lack of cooperation, in accordance with Article 13;
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals and, employers and the relevant authorities to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 196 #
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 consideredmay request information from the relevant authorities, which must provide it within 24 hours. They may, if necessary, refer those to mediation in accordance with Article 13.
Amendment 198 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
Article 8 – paragraph 1 – subparagraph 2 a (new)
At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours.
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority 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. With the objective of verifying the correct application of and compliance with Union law, inspectors responsible for roadside checks shall have direct real-time access, via an electronic application common to all Member States, both to the system interconnecting national registers of transport undertakings and activities, ERRU, and to information on the driver’s posting declaration through the IMI. In this context, the Authority shall promote this electronic application that will provide direct real-time access to the ERRU and IMI during roadside checks.
Amendment 265 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation or in cases of persistent lack of cooperation in cross- border enforcement issues, the Authority may perform a mediation role.
Amendment 271 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up. In the event of a persistent problem or a refusal to cooperate without proper justification, the Authority shall inform the Commission. The Commission being informed and after consulting the Member State concerned, shall take all necessary measures to remedy the situation. Any permanent refusal to cooperate constitutes an infringement to the Union law, as defined in Articles 258 and following of TFEU.