2015/2255(INI) | [ParlTrack]

Draft opinion
Recital A

A. whereas the principle of equal pay for work of equal value is recognised under Article 157 TFEU; whereas, ~~in view~~given the existence of social dumping, the principle of equal pay for equal work in the same place must be ensured; whereas the right to equal opportunities, access to training and career progression must be guaranteed; whereas women face multiple discrimination, putting them at even greater risk of poverty and social exclusion;

Amendment 10 #

Evelyn REGNER

Draft opinion
Recital A a (new)

Aa. whereas the gender pay gap still exists and despite existing EU legislation and soft-law recommendations, progress in this area is extremely low; whereas social dumping tightens the situation, together with the gender pay gap which leads to the gender pension gap that puts women on greater risk of poverty amongst the elderly;

Amendment 11 #

Draft opinion
Recital A b (new)

Ab. whereas a right balance can be struck between family plans and professional ambitions if the people concerned have genuine freedom of choice, in economic and social terms, and are supported by political and economic decisions at the national level without being penalised and without being obliged to social dumping and unreported employment;

Amendment 12 #

Draft opinion
Recital A b (new)

Ab. whereas human trafficking, in particular the trafficking of women, not only from third countries to the EU but also between EU countries, is often associated with false employment contracts;

Amendment 13 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Recital A b (new)

Ab. whereas so many migrant women and girls arriving in Europe are forced to accept inadequate working conditions in economic and social conditions that vary from country to country and are often inappropriate for the work done;

Amendment 14 #

Draft opinion
Paragraph 1

1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors; calls on the Commission to evaluate those sectors in which women experience social and wage dumping or undeclared work as the worst form of social dumping, as well as the existing related EU legislation; points out that, bearing in mind its ‘isolated’ and individual nature, domestic work is one of the most unprotected sectors, and domestic workers are frequently employed in precarious conditions, without a contract, their wages are paid late, they are required to work extra hours without due payment, their rights to leave and rest periods and paid public holidays are ignored and their social security contributions go unpaid;

Amendment 15 #

Draft opinion
Paragraph 1

Amendment 16 #

Draft opinion
Paragraph 1

1. Notes that in certain sectors women are the most affected by social dumping, ~~including~~particularly housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors; calls on the Commission to evaluate ~~those sector~~all situations in which women experience social and wage dumping or undeclared work ~~as the worst form of social dumping, as well as the existing related EU legislation~~;

Amendment 17 #

Michaela ŠOJDROVÁ, Barbara MATERA

Draft opinion
Paragraph 1

Amendment 18 #

Miroslav POCHE

Draft opinion
Paragraph 1

1. Notes that in certain sectors, in particular those in which workers are largely unqualified, women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors; calls on the Commission to evaluate those sectors in which women experience social and wage dumping or undeclared work as the worst form of social dumping, as well as the existing related EU legislation;

Amendment 19 #

Draft opinion
Paragraph 1

1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘'posting’' sectors such as the meat processing or transport sectors; calls on the Commission to evaluate those sectors in which women experience social and wage ~~dumping or undeclared work as the worst form of social~~ dumping, as well as the existing related EU legislation;

Amendment 2 #

Miroslav POCHE

Draft opinion
Recital A

A. whereas the principle of equal pay for work of equal value is recognised under Article 157 TFEU; whereas, in view of social dumping, the principle of equal pay for equal work and equal working conditions in the same place must be ensured; whereas women face multiple discrimination, putting them at even greater risk of poverty and social exclusion;

Amendment 20 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that the problem of social dumping and undeclared work also affects men;

Amendment 21 #

Draft opinion
Paragraph 1 a (new)

1a. Recommends that the Commission and Member States step up checks on businesses, penalising social dumping practices;

Amendment 22 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Member States to adopt specific measures with the aim of professionalising and qualifying, in a harmonised manner, work such as housekeeping, which today is often done illegally, also because of a cultural heritage that hinders change;

Amendment 23 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Member States to ensure that all workers are guaranteed equal rights, regardless of their country of origin, and that the necessary socio- economic mechanisms are in place to prevent any kind of social dumping;

Amendment 24 #

Evelyn REGNER

Draft opinion
Paragraph 1 a (new)

1a. Calls for special attention to be paid, in the future exchange between the Member States in the framework of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work, to the sectors in which women are worst affected in order to improve the checks that can be made;

Amendment 25 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the Member States to combat every aspect of job insecurity, proceeding from the principle that permanent jobs should involve proper employment contracts;

Amendment 26 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Paragraph 1 b (new)

1b. Expresses concern about the impact that bilateral and multilateral agreements, such as TTIP and TiSA, might have on social standards in the labour market in Europe, particularly for women, and calls for specific safeguards to be provided in this regard against all forms of social dumping;

Amendment 27 #

Michaela ŠOJDROVÁ, Barbara MATERA

Draft opinion
Paragraph 1 c (new)

1c. Points out that it is vital to ensure that all posted workers and workers who already have the prospect of employment when they emigrate have a comprehensible legal contract with the employer, written in their own language, before they enter the host country;

Amendment 28 #

Draft opinion
Paragraph 2

2. Points out that the payment, and working conditions ~~and social security contributions~~ must, for the duration of the assignment, posting or temporary working duration in another Member State, be at least the same as for women workers of the Member State to which these workers are sent;

Amendment 29 #

Draft opinion
Paragraph 2

2. Points out that the payment, working conditions and social security contributions must, for the duration of the assignment, posting or temporary working duration in another Member State, be ~~at least~~ the same as for women workers of the Member State to which these workers are sent;

Amendment 3 #

Viorica DĂNCILĂ

Draft opinion
Recital A a (new)

Aa. whereas gender equality is a fundamental right, a shared EU value and a necessary condition for the achievement of EU objectives in terms of growth, employment and social cohesion; whereas with regard to social dumping, a key challenge for the EU is to increase employment among women, improve the situation of women on the labour market and eliminate gender gaps;

Amendment 30 #

Draft opinion
Paragraph 3

Amendment 31 #

Draft opinion
Paragraph 3

3. Recommends ~~the establishment of a network of information offices and a website~~a European Gender Equality Plan involving a campaign to offer information and support for the Member States in combating discrimination, providing assistance and information, including online, on the rights of women workers posted or temporarily transferred to another Member State and employers’ obligations;

Amendment 32 #

Marc TARABELLA

Draft opinion
Paragraph 3

3. Recommends the establishment of a network of information offices and a website providing assistance and information on the rights of women workers posted or temporarily transferred to another Member State and employers’ obligations; calls on the Member States to provide relevant legal assistance to employees on matters relating to labour law;

Amendment 33 #

Draft opinion
Paragraph 3

3. Recommends the establishment of a network of information offices ~~and a website~~, capable of providing information in migrant workers’ own language, and a website with the same capability providing assistance and information on the rights of women workers posted or temporarily transferred to another Member State and employers’ obligations;

Amendment 34 #

Draft opinion
Paragraph 3

3. Recommends the establishment of a network of information offices and a website providing assistance and information on the rights of women ~~workers~~and women posted or temporarily transferred to another Member State and employers’ obligations;

Amendment 35 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission and the Member States always to take into consideration, in their laws, the social impact of the harmonisation of existing rules and the implementation of new provisions, in order to eliminate all forms of social dumping, with specific reference to aspects relating to women;

Amendment 36 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to carry out ex ante assessments of the impact that structural reforms have in Europe on social and labour conditions, with clear reference to aspects relating to women;

Amendment 37 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Paragraph 3 c (new)

3c. Calls on the Commission and the Member States to make provision for equal minimum salaries throughout Europe, for various types of work, in order to prevent social dumping;

Amendment 38 #

Marc TARABELLA

Draft opinion
Paragraph 4

4. Stresses that all subcontractors, e.g. temporary agencies that mostly send women to other Member States for the purposes of domestic work and home care, must be made liable for unpaid wages, social security contributions, accident insurance and illness and injury provisions; stresses that subcontractors must also be able to assist employees in the event of mistreatment and abuse by clients, as well as with repatriation;

Amendment 39 #

Draft opinion
Paragraph 4

4. Stresses that all subcontractors, e.g. temporary agencies that mostly send women to other Member States for the purposes of domestic work and home care, must ~~be made liable for unpaid wages,~~, in the event of failure to pay wages, be required to pay those wages as well as social security contributions, accident insurance and illness and injury provisions, in addition to any costs of repatriation and other necessary expenses;

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. Calls on the competent institutions and bodies to review the subcontractors working for the EU institutions as regards full compliance with social standards for all workers;

Amendment 40 #

Draft opinion
Paragraph 5

5. Calls ~~on the Commission to ensure~~for thate Member States to reinforce effective control measures and sanctions for employers in sectors in which women are victims of social dumping ~~and introduce a blacklist~~, paying particular attention to monitoring contracts issued in their countries, particularly by private employment agencies recruiting people from other countries; calls likewise for the activities of public bodies responsible for monitoring compliance with labour standards to be coordinated with those of judicial bodies, and for a blacklist to be introduced for employers that do not comply with EU and Member State legislation.

Amendment 41 #

Draft opinion
Paragraph 5

5. ~~Calls on the Commission to ensure~~Insists that only thate Member States ~~reinforc~~have the right to ensure effective control measures and sanctions for employers in sectors in which women are victims of social dumping ~~and introduce a blacklist for employers that do not comply with EU legislation~~.

Amendment 42 #

Michaela ŠOJDROVÁ, Barbara MATERA

Draft opinion
Paragraph 5

5. ~~Calls on the Commission to ensure~~Invites thate Member States to reinforce effective control measures and sanctions for employers in sectors in which women are victims of social dumping and introduce a blacklist for employers that do not comply with EUnational legislation.

Amendment 43 #

Draft opinion
Paragraph 5

5. Calls on the Commission to ensure that Member States reinforce effective control measures and sanctions for employers ~~in sectors in which~~profiting from women are ~~victims of~~lated social dumping and ~~introduce a blacklist for~~undeclared work and provide adequate information about employers that do not comply with EU and national legislation.

Amendment 44 #

Miroslav POCHE

Draft opinion
Paragraph 5

5. Calls on the Commission to ensure that Member States reinforce effective control measures and easily enforced sanctions for employers in sectors in which women are victims of social dumping and introduce a blacklist for employers that do not comply with EU legislation.

Amendment 45 #

Draft opinion
Paragraph 5 a (new)

5a. Points out that the best way to counter social dumping is to end the free movement of people, allow Member States to reintroduce border controls and decide their own employment laws.

Amendment 46 #

Viorica DĂNCILĂ

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to take specific measures to help women affected by social dumping by focusing all general policies and measures on the achievement of equality, taking into account ongoing labour market segregation and inequalities in employment contracts as reflected in the ongoing significant pay differentials between women and men.

Amendment 47 #

Draft opinion
Paragraph 5 a (new)

5a. Invites the statistical institutes in the Member States to assess the possibility of including in their national accounting systems the value of invisible work and unreported employment in the field of intergenerational solidarity, and its contribution to national GDP.

Amendment 48 #

Draft opinion
Paragraph 5 a (new)

5a. Calls for an upgraded role for the social partners, in particular the trade unions, given their importance in providing information on, preventing, reporting and combating working practices which, in addition to being a serious affront to human dignity at the workplace, are harmful practices contrary to corporate social responsibility and to the concept of decent work.

Amendment 49 #

Draft opinion
Paragraph 5 b (new)

5b. Invites the Member States to consider the adaptability of employment contracts so as to allow for mobility, alternation, life cycles, and career breaks, as regards both employment and work in a self-employed capacity, accounted for by training or caring, to avoid social dumping and unreported employment.

Amendment 5 #

Draft opinion
Recital A a (new)

Aa. whereas persons who devote their time and skills to looking after and bringing up children or caring for the elderly should not be exposed to social dumping or unreported employment but should receive social recognition and this could be done by giving such persons individual rights, particularly regarding social security and pensions;

Amendment 50 #

Draft opinion
Paragraph 5 c (new)

5c. Invites Eurostat to assess the possibility of developing measures to highlight the value of invisible work and unreported employment in the field of inter-generational solidarity and its contribution to the Union's GDP and, for this purpose, to work closely with the World Bank, the Organisation for Economic Cooperation and Development (OECD) and the International Labour Office (ILO).

Amendment 51 #

Draft opinion
Paragraph 5 d (new)

5d. Invites the Member States to develop specific initiatives to validate the skills acquired in carrying out educational tasks, caring for dependent persons and household management so that these skills are taken into consideration upon re-entry into the labour market.

Amendment 52 #

Draft opinion
Paragraph 5 e (new)

5e. Invites the Member States to take measures to recognise invisible and informal work in the field of intergenerational solidarity carried out by women/mothers, men/fathers and carers at a legal, social and economic level (particularly as regards social security, professional status, earnings and equal opportunities for men and women).

Amendment 53 #

Draft opinion
Paragraph 5 f (new)

5f. Calls on the Member States to address the structural factors contributing to social dumping and unreported employment, inequality in pension schemes including the organisation of care and combining family and work life.

Amendment 6 #

Draft opinion
Recital A a (new)

Aa. whereas the Charter of Fundamental Rights of the European Union, to which all the Member States are signatories, stipulates that equality between men and women must be ensured in all areas;

Amendment 7 #

Draft opinion
Recital A a (new)

Aa. whereas the free movement of workers, evoked as a basic principle of the European Union, has essentially served to exploit emigrant workers, since it is a policy tailored to the interests of capital rather than the interests of workers;

Amendment 8 #

Daniela AIUTO, Marco ZULLO, Laura AGEA, Tiziana BEGHIN

Draft opinion
Recital A a (new)

Aa. whereas social dumping has a greater impact in social and cultural environments in which there is little knowledge of workers’ rights and in which women have greater difficulty in entering the labour market;

Amendment 9 #

Evelyn REGNER

Draft opinion
Recital A a (new)

Aa. whereas social dumping can occur in various forms and women can be affected by various types of social dumping; whereas the worst form of social dumping is undeclared work;

source: 573.209

2016/02/24 TRAN 236 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas, in the transport sector, security, safety of passengers and high working conditions are fundamentally interlinked;

Amendment 10 #

Massimiliano SALINI

Draft opinion
Recital B

B. whereas equal work, equal rights and fair competition must be at the heart of a well-functioning single market and, in certain high-mobility sectors such as transport, it is necessary to overcome dangerous distortions of competition arising from labour cost disparities coupled with circumvention of the rules;

Amendment 100 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ

Draft opinion
Paragraph 5

Amendment 101 #

Draft opinion
Paragraph 5

Amendment 102 #

Wim van de CAMP

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology~~, for all~~ when appropriate, for applicable transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

Amendment 103 #

Kosma ZŁOTOWSKI, Roberts ZĪLE, Tomasz Piotr PORĘBA, Ruža TOMAŠIĆ

Draft opinion
Paragraph 5

5. Calls for ~~the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively,~~efficient, non-discriminatory enforcement of the existing legislation, to ensure uniform interpretation, and more efficient and increased controls with a view to ensuring proper and timely implementation of existing ~~legislation~~working time and rest times legislation, notably Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport;

Amendment 104 #

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology, which is essential in order to collect precise data and which should prevent the use of fraudulent methods, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

Amendment 105 #

Draft opinion
Paragraph 5

5. Calls for increased controls on the implementation of working time and rest time in transport; Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use ~~so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation~~including inland waterway transport and railways;

Amendment 106 #

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology, ~~for all~~in road transport ~~modes~~ for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

Amendment 107 #

Gesine MEISSNER

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology~~, for all transport modes for professional use so~~ when applicable, as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation; (To avoid bureaucratic burden like digital tachographs for craftsmen control devices should only be mandatory for sectors where non-respect of working and rest time regulations are a problem.)

Amendment 108 #

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation; recalls, however, that many measures have already been adopted to enhance the enforcement of social rules in the road transport sector, and that the Commission has elaborated enforcement guidelines in this connection, such as the Electronic Register of Road Transport Undertakings (ERRU), the digital tachograph network (TACHOnet) or the development of a common training curriculum for enforcers (TRACE project);

Amendment 109 #

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation and taking into account the specific conditions for operation and service provision in different transport modes without creating any further administrative burden and additional costs for transport undertakings, especially SMEs;

Amendment 11 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Ismail ERTUG

Draft opinion
Recital B

B. whereas ~~equal work, equal right~~free movement, compliance with the law by both employers and employees and fair competition must be at the heart of a well-functioning single market;

Amendment 110 #

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation, and for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;

Amendment 111 #

Draft opinion
Paragraph 5 a (new)

5a. Calls for secure parking spaces to be provided and for their standards of quality and hygiene to be improved;

Amendment 112 #

Draft opinion
Paragraph 5 a (new)

5a. Draws attention to the fact that it is necessary for vehicles of less than 3.5 tonnes which are used for commercial purposes to be included in the transport sector, so that the driving times and rest periods of their drivers are regulated in order to maintain road safety;

Amendment 113 #

Draft opinion
Paragraph 5 a (new)

5a. Calls for the creation of a European corps of inspectors to ensure, in a neutral manner, the proper implementation of European and labour legislation in all transport sectors, especially with regard to working and rest periods, and tax obligations and the right of establishment, to prevent uneven enforcement and disparities in the monitoring of European regulations by national authorities;

Amendment 114 #

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to ~~treat~~give social aspects ~~as a major priority~~ of the road package suitable priority, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility, taking into account the principle of subsidiarity to which social policies and their enforcement are subject;

Amendment 115 #

Christine REVAULT D'ALLONNES BONNEFOY

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to ~~treat~~clarify the social aspects ~~as a major priority~~ of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights~~, wages~~ and social responsibility;

Amendment 116 #

Draft opinion
Paragraph 6

Amendment 117 #

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; considers it important, however, that the planned new social and working-conditions measures for the transport sector should not infringe the EU's fundamental freedoms (such as freedom to provide services), and that no artificial obstacles should be placed in the way of transport undertakings with regard to competition on the internal market based on genuine competitive advantages;

Amendment 118 #

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat s~~ocial aspects~~afety as a major priority of the road package, and to also includ~~ing~~e measures to ensure legal clarity and better implementation of rules governing working conditions~~, social and welfare rights, wages~~ and social responsibility;

Amendment 119 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ~~ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility;~~improve the enforcement of working and rest times. The Commission should therefore draft proposals which will enable drivers to regularly spend weekly rest periods at home, rather than being uprooted from their habitual social environment for months at a time.

Amendment 12 #

Draft opinion
Recital B

B. whereas ~~equal work, equal right~~decent working conditions and fair competition ~~must b~~are at the heart of a well- functioning single market;

Amendment 120 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO, Merja KYLLÖNEN

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions~~, social and welfare rights, wages and social responsibility~~; urges the Member States to ensure the proper enforcement of national legislation regarding social and welfare rights, wages and social responsibility; supports the implementation of measures allowing hauliers to have their rest periods in their places of origin;

Amendment 121 #

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; stresses that supply-chain operators should be held jointly responsible for social protection infringements; stresses the need to limit the use of sub-contracting chains to fight social dumping and ensure adequate enforcement of legislation across sub- contracting chain; underlines the need of using control devices mentioned in point 5 to properly assess in which Member State the real work of a road operator takes place and therefore which national social legislation should apply;

Amendment 122 #

Pavel TELIČKA, Dominique RIQUET, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Paragraph 6

6. ~~Underlines the need for~~Encourages the Commission to treat social aspects as a ~~major~~ priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions~~, social and welfare rights, wages and social responsibility~~ and social rights;

Amendment 123 #

Roberts ZĪLE

Draft opinion
Paragraph 6

Amendment 124 #

Cláudia MONTEIRO DE AGUIAR

Draft opinion
Paragraph 6

6. Underlines the need for the Commission to treat social aspects as ~~a major~~one of the priorityies of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility and taking into consideration the level of development of the transport sector in the Member State where the transport undertaking is established and the level of labour productivity of the sector;

Amendment 125 #

Draft opinion
Paragraph 6

Amendment 126 #

Henna VIRKKUNEN

Draft opinion
Paragraph 6

Amendment 127 #

Christine REVAULT D'ALLONNES BONNEFOY

Draft opinion
Paragraph 6 – subparagraph 1 (new)

considers that harmonisation of social rights of transports workers across Europe should be the Commission's long term perspective, including harmonisation on wages and daily allowances, which should not be considered part of the salary

Amendment 128 #

Peter LUNDGREN

Draft opinion
Paragraph 6 a (new)

6a. Notes that European Parliament and Council Regulation (EC) No 1072/2009 has led to serious disruption on national transport markets in several Member States;

Amendment 129 #

Roberts ZĪLE, Ruža TOMAŠIĆ

Draft opinion
Paragraph 6 a (new)

6a. Calls for the European Commission to apply in a collective manner, to mobile personnel in road transport, Art. 8.2 of Regulation (EC) No 593/2008 (Rome I) as interpreted by the ECJ ruling on the Koelzsch case (C-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011.

Amendment 13 #

Draft opinion
Recital B

B. whereas ~~equal work, equal rights and fair competition must be at the heart of a well-functioning single marke~~transport industry is a backbone of the EU single market with the free movement of goods, services and persons, and the right of establishment;

Amendment 130 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on those Member States which have a toll system to make the toll data gathered available to the monitoring authorities for evaluation so that cabotage operations can be scrutinised more effectively;

Amendment 131 #

Draft opinion
Paragraph 6 a (new)

6a. Calls, in this regard, on the European Commission to promote rules clarifying the responsibilities of the different players, especially along the entire chain of carriers that are party to a shipping contract;

Amendment 132 #

Draft opinion
Paragraph 6 a (new)

6a. Recognises that the intention is to combat unfair competition, since while wage disparities are inevitable and generally acceptable in the internal market, they have a negative impact on competition conditions where they are exploited in a way that evades or infringes the law;

Amendment 133 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Draft opinion
Paragraph 6 a (new)

6a. Draws attention to services at vehicle parks, which must be regarded as part of the working conditions of vehicle drivers; calls for the establishment of safe vehicle parks which take material responsibility for the well-being of people within them and ensure appropriate hygiene conditions, where vehicle drivers can leave vehicles loaded with goods, in compliance with the provisions of Article 4(f) of Regulation (EC) No 561/2006;

Amendment 134 #

Draft opinion
Paragraph 6 a (new)

6a. Calls the Commission to consider extending the scope of the legislation on driving times, breaks and rest periods for professional drivers to good vehicles of less than 3,5 tons in order to avoid circumvention strategies.

Amendment 135 #

Draft opinion
Paragraph 7

7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators by including illegal cabotage and non- compliance with Community social and labour legislation;

Amendment 136 #

Draft opinion
Paragraph 7

Amendment 137 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO, Merja KYLLÖNEN

Draft opinion
Paragraph 7

7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators by including ~~illegal cabotage and~~ non- compliance with ~~Community social and labour~~all EU appropriate legislation;

Amendment 138 #

Draft opinion
Paragraph 7

7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute and immediate withdrawal of authorisation to perform road transport activity of road transport operators by including illegal cabotage and non- compliance with Community social and labour legislation;

Amendment 139 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Paragraph 7

7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to ~~giv~~facilitate monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators ~~by including illegal cabotage and non- compliance with Community social and labour legislation~~;

Amendment 14 #

Roberts ZĪLE, Evžen TOŠENOVSKÝ, Daniel DALTON

Draft opinion
Recital B

B. whereas equal work, equal rights and fair competition must be at the heart of a well-functioning single market, taking into account the economic development of different Member States and the level of labour productivity of the sector in each Member State;

Amendment 140 #

Draft opinion
Paragraph 7

7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to ~~give~~allow, where necessary, monitoring authorities access upon request to data registered in the Member States’' national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators ~~by including illegal cabotage and non- compliance with Community social and labour legislation~~;

Amendment 141 #

Draft opinion
Paragraph 7

Amendment 142 #

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Commission to make funds available for the financing/cofinancing of secure car parks along European trunk roads, so that truck drivers can rest and spend the night safely;

Amendment 143 #

Draft opinion
Paragraph 7 a (new)

7a. Rejects any further liberalisation of cabotage until implementation of the current legal framework has been strengthened;

Amendment 144 #

Draft opinion
Paragraph 7 a (new)

7a. Believes that the rules on cabotage are not sufficiently precise, and encourages the Commission to propose improved rules to ensure better implementation and facilitate control;

Amendment 145 #

Draft opinion
Paragraph 7 a (new)

7a. Calls for the development of a public list of the companies responsible for serious infringements of EU legislation, access to public procurement, public subsidies and EU funds must be refused to these companies for a period fixed by law;

Amendment 146 #

Draft opinion
Paragraph 7 a (new)

7a. Calls on the EU and Member States to extent these principles to cross-border services in the railway sector;

Amendment 147 #

Draft opinion
Paragraph 7 a (new)

7a. Considers that the Commission should refrain from proposing any liberalisation of cabotage until issues of legal liability and the resulting systems of checks are clarified and deemed to be fully effective;

Amendment 148 #

Draft opinion
Paragraph 7 a (new)

7a. Calls on the EU and Member States to extend these principles to cross-border services in the railway sector;

Amendment 149 #

Draft opinion
Paragraph 8

Amendment 15 #

Draft opinion
Recital B a (new)

Ba. whereas, in the European Union, Europeans should be given priority in employment over non-European workers and, in the Member States, nationals should be given priority in employment over foreign workers;

Amendment 150 #

Draft opinion
Paragraph 8

Amendment 151 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA

Draft opinion
Paragraph 8

Amendment 152 #

Draft opinion
Paragraph 8

Amendment 153 #

Roberts ZĪLE, Peter van DALEN, Evžen TOŠENOVSKÝ, Daniel DALTON, Tomasz Piotr PORĘBA, Kosma ZŁOTOWSKI

Draft opinion
Paragraph 8

Amendment 154 #

Henna VIRKKUNEN

Draft opinion
Paragraph 8

Amendment 155 #

Draft opinion
Paragraph 8

Amendment 156 #

Markus PIEPER, Wim van de CAMP, Claudia SCHMIDT

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transportAdvocates better cooperation between the Commission and Euro Contrôle Route in order to make enforcement in road transport uniform, fair and effective;

Amendment 157 #

Draft opinion
Paragraph 8

8. Calls ~~for~~on the ~~creation of a European R~~Commission to coordinate and to reinforce cooperation on road Ttransport ~~Agency to ensure proper~~legislation among national authorities, including through binding information exchange and on other efforts aimed at supporting the implementation of EU legislation and ~~promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport~~ensuring a level playing field for operators; notes that the enforcement of legislation in this respect is primarily the responsibility of the Member States;

Amendment 158 #

Pavel TELIČKA, Dominique RIQUET, Martina DLABAJOVÁ, Jozo RADOŠ

Draft opinion
Paragraph 8

8. ~~Calls fo~~Invites to consider the creation of a European independent administrative authority, which could become a European Road Transport Agency, to ensure proper implementation of EU legislation and promote ~~standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport~~cooperation between all Member States on these issues;

Amendment 159 #

Draft opinion
Paragraph 8

8. ~~Calls for the creation of a European R~~Urges the Member States to cooperate more closely with Euro Contrôle Route and TISPOL, in order to improve the execution of the road Ttransport ~~Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working condi~~legislation enforcement in Europe and to build up a strong mechanism to ensure equal and appropriate implementation of the existing acquis, e.g. by supporting Member States with certification, standardisation, technical expertise, data collection, training and inspection tasks and by managing platforms for information exchange between national experts and authorities and understands this close cooperation as a~~nd labour issues i~~ forerunner of an authority responsible for European road transport;

Amendment 16 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO

Draft opinion
Recital B a (new)

Ba. whereas any problem at the EU transport market must be tackled by targeted approach which will not hamper honestly operating businesses

Amendment 160 #

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation and enforcement of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;

Amendment 161 #

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Safety Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;

Amendment 162 #

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport; An agency will furthermore stimulate equal-share participation of all Member States in cross-border enforcement;

Amendment 163 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Ismail ERTUG

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation ~~and~~, promote standardisation a~~cross all Member States~~nd stimulate equal-share participation of all Member States in cross-border enforcement, including the social dimension, such as working conditions and labour issues in road transport;

Amendment 164 #

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation related to the vehicle, the driver and the undertaking, and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;

Amendment 165 #

Draft opinion
Paragraph 8

8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport; considers, in the same vein, that the other European transport agencies should also oversee labour and social issues affecting safety in their respective areas of responsibility;

Amendment 166 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Ruža TOMAŠIĆ

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission, together with Europol, to investigate the extent of fraud involving transport documents and driving licences in the EU, and to take action in the light of the findings;

Amendment 167 #

Draft opinion
Paragraph 8 a (new)

8a. Considers that the possible establishment of a European Road Transport Agency or other body responsible for cross-border labour inspections should be preceded by a detailed evaluation of the currently existing rules and possibilities of potential improvements, with full respect for the principle of subsidiarity and division of competences in this area between the EU and the Member States;

Amendment 168 #

Draft opinion
Paragraph 8 a (new)

8a. Considers it important to bear in mind that adopting unilateral national measures to combat social dumping poses the risk of fragmentation of the EU internal market in road transport; takes the view that labour mobility within the EU means that the Member States need to identify solutions to combat social dumping, fraud and abuse linked to the posting of workers;

Amendment 169 #

Roberts ZĪLE, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Ruža TOMAŠIĆ, Evžen TOŠENOVSKÝ, Daniel DALTON

Draft opinion
Paragraph 8 a (new)

8a. Acknowledges that cooperation between Member States in the area of enforcement should be improved. In this context believes, that the activities carried out within the Euro Contrôle Route and such initiatives as Project CLOSER constitute appropriate means to address the objective of improving enforcement;

Amendment 17 #

Draft opinion
Recital B a (new)

Ba. whereas there is no clear and universally accepted definition of "social dumping" and there are different interpretations of this term, which may create confusion and sometimes include protectionist measures that can lead to fragmentation the EU common market;

Amendment 170 #

Draft opinion
Paragraph 8 a (new)

8a. Calls for the mandatory introduction of the new generation of 'smart tachograph' to all commercial vehicles engaged in cabotage and international transport, two years after newly registered vehicles are required to be equipped with it. This, has the solely effective means to control compliance with cabotage rules and determine the driver's habitual workplace;

Amendment 171 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;deleted

Amendment 172 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission ~~must~~should be strengthened as employment and working conditions ~~are directly linked to~~have a bearing on the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 173 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the ~~maintenance~~provision of the safety and security ofor both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 174 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff (shown in the study 'Atypical Employment in Aviation' from the University of Ghent); underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 175 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions ~~are directly linked to the maintenance of~~may impact the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 176 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions ~~are~~might be in some circumstances directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 177 #

Draft opinion
Paragraph 9

9. Stresses that the social dimension of the ~~Aviation Package published by the Commission~~'Commission Aviation Strategy for Europe' published on 7 December 2015 must be strengthened as quality employment and good working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines ~~having operational bases on EU territory~~operating under an EU Member;

Amendment 178 #

Luis de GRANDES PASCUAL, Cláudia MONTEIRO DE AGUIAR

Draft opinion
Paragraph 9

Amendment 179 #

Draft opinion
Paragraph 9

9. ~~Stresses that the social dimension~~Takes note of the Aviation Package published by the Commission ~~must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection,~~and underlines the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;

Amendment 18 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Ruža TOMAŠIĆ

Draft opinion
Recital B a (new)

Ba. having regard to the White Paper on Transport 2011: Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system;

Amendment 180 #

Draft opinion
Paragraph 9 a (new)

9a. Calls the EU and the Member States to reinforce the connection between social and environmental standards and quality of service as well as safety - in particular physical and mental health and fatigue

Amendment 181 #

Ivo BELET, Georges BACH

Draft opinion
Paragraph 9 a (new)

9a. Recommends pinning down the concept of 'principal place of business' so that the operating licence is granted by a state if the volume of air transport therein is substantial and also, in the context of the coordination of social security systems and labour law, alignment of the definition of 'Home Base' as per Regulation (EU) No 83/2014 and Regulation (EU) No 465/2012; highlights the need to shorten the transitional period and clarify the situation of aircrew that have multiple home bases;

Amendment 182 #

Draft opinion
Paragraph 9 a (new)

9a. European carriers operating under an EU Member State's AOC must have a principal place of business in the respective Member State and as such, all employees must therefore be EU nationals or persons with EU residence and work permits. In the exceptional case where third-country crewmembers are working on board of a carrier with an AOC issued by an EU member state, they must be subject to the same European labour and social regulations whatever their nationality and with respect to the principles of equality and non- discrimination.

Amendment 183 #

Draft opinion
Paragraph 10

Amendment 184 #

Ismail ERTUG, Knut FLECKENSTEIN, Gabriele PREUSS, Karoline GRASWANDER-HAINZ

Draft opinion
Paragraph 10

Amendment 185 #

Draft opinion
Paragraph 10

10. ~~Stresses the need for a new ground handling regulation, that will provide social protection for workers; c~~Calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘home base’ for crew members;

Amendment 186 #

Draft opinion
Paragraph 10

Amendment 187 #

Draft opinion
Paragraph 10

Amendment 188 #

Draft opinion
Paragraph 10

10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure ~~binding applicati~~, among o~~f national labour legislation for airlines having European operational bases and to improve~~thers, improvement of the definition of ‘homebase’ for crew members;

Amendment 189 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Karima DELLI

Draft opinion
Paragraph 10

10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘homebase’ for crew members as well as to improve the definition and concept of the term "principal place of business";

Amendment 19 #

Draft opinion
Recital B a (new)

Ba. whereas the transport sector is facing challenges with the increase of unfair practices such as "flags of convenience" and the use of atypical and precarious employment arrangements which give rise to downgrading of workers' terms and conditions and have a negative effect on safety;

Amendment 190 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO, Merja KYLLÖNEN

Draft opinion
Paragraph 10

10. Stresses the need for a ~~new~~better ground handling regulation, that ~~will~~ provides social protection for workers including by means of binding social provisions on transfer of staff in case of call for tenders or partial loss of activities, in line with Directive 2001/23/EC; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘'home base’' for crew members , as well as to ensure that properly-defined "substantial aviation activities" are a requisite for the definition of "principle place of business" and for granting an operating license;

Amendment 191 #

Pavel TELIČKA, Dominique RIQUET, Jozo RADOŠ, Matthijs van MILTENBURG

Draft opinion
Paragraph 10

10. ~~Stress~~Urges the ~~need for a new groundhandling regulation, that will provide~~Commission to evaluate as soon as possible the groundhandling services directive and if the need be propose a revision with the aim to provide the necessary social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to ~~improve~~review the definition of ‘homebase’ for crew members;

Amendment 192 #

Rolandas PAKSAS

Draft opinion
Paragraph 10

10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘homebase’ for crew members; calls, furthermore, for an improved Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems; calls for provisions to be formulated banning false self- employment;

Amendment 193 #

Draft opinion
Paragraph 10

10. Stresses the need ~~for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legisl~~to ensure mandatory social protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; Tendering organizations for a~~irlines having European operational bases and to improve the defini~~uthorities must include social standards and criteria in tender specifications o~~f ‘homebase’ for crew members;~~n the basis of existing social standards in the place where the service is provided.

Amendment 194 #

Martina DLABAJOVÁ

Draft opinion
Paragraph 10

10. ~~Stress~~Urges the ~~need for a new groundhandling regulation, that will provide social protect~~Commission to evaluate as soon as possible the groundhandling services directive and if deemed necessary, propose its revision, including provisions for work~~ers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for~~ing conditions; calls for the applicable national labour legislation and EU legal instruments, such as the Posting of Workers Directive 96/71/EC and its Enforcement Directive 2014/67/EU , to be fully implemented to the airlines having ~~European~~ operational bases ~~and to improve~~in the EU, calls for a review of the definition of ‘'homebase’' for crew members;

Amendment 195 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO, Merja KYLLÖNEN

Draft opinion
Paragraph 10

10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of national labour legislation for airlines ~~having European operational bases and to~~operating under an EU Member State´s Air Operator´s Certificate and to update, harmonize and improve the definition of ‘homebase’ for crew members;

Amendment 196 #

Peter LUNDGREN

Draft opinion
Paragraph 10 a (new)

10a. Takes the view that European Parliament and Council Regulation (EC) No 1072/2009 needs to be improved in order to overcome the serious disruption that occurred on national transport markets in several Member States after the regulation was introduced;

Amendment 197 #

Draft opinion
Paragraph 10 a (new)

10a. Calls for the Creation of an EU observatory for Civil Aviation on jobs and working condition, to be managed by the Commission and the social partners, to ensure proper implementation of EU legislation and to supervise the social dimension of the EU aviation market, including working conditions and labour issues in aviation;

Amendment 198 #

Draft opinion
Paragraph 10 a (new)

10a. Calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of national labour legislation for airlines operating under an EU Member State's Air Operator's Certificate and to update, harmonise and improve the definition of 'homebase' for crew members;

Amendment 199 #

Draft opinion
Paragraph 10 a (new)

10a. Considers that the same level of competition must be ensured in all transport sectors, including maritime transport; requests, in this regard, the inclusion of seafarers of merchant navy enterprises in the Posting of Workers Directive, from which they are currently excluded;

Amendment 2 #

Draft opinion
Recital A

A. whereas, in the transport sector, security, safety of passengers and ~~high~~appropriate working conditions are interlinked;

Amendment 20 #

Draft opinion
Recital B a (new)

Ba. whereas actions taken at EU level in the road transport sector shall primarily aim at further improving the implementation and enforcement of the existing regime and should be proportional to the scale of the problems;

Amendment 200 #

Wim van de CAMP

Draft opinion
Paragraph 11

Amendment 201 #

Gesine MEISSNER

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;deleted (Asking for EU goods being transported by EU flagged ships manned with EU crews reminds the US Jones Act and would seriously damage European shipping.)

Amendment 202 #

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers ~~to stop European officers being replaced by crew from third countries~~; considers, furthermore, that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 203 #

Draft opinion
Paragraph 11

11. ~~Consider~~Demands that, in the maritime sector, the Commission ~~should~~and the Member States promote the recruitment and retention of skilled European~~-based~~ seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 204 #

Draft opinion
Paragraph 11

Amendment 205 #

Cláudia MONTEIRO DE AGUIAR

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers ~~to stop European officers being replaced by crew from third countries~~; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 206 #

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers ~~to stop European officers being replaced by crew from third countries~~; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 207 #

Pavel TELIČKA, Dominique RIQUET, Jozo RADOŠ

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should ensure the full implementation of social legislation, including the 2006 Maritime Labour Convention, and promote the recruitment and retention of skilled European-based seafarers to ~~stop~~minimise European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 208 #

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States; considers it vital, in this regard, to ensure sufficient transparency in terms of the tax regimes implemented in the Member States and prevent concealed state aid that distorts the internal market;

Amendment 209 #

Roberts ZĪLE

Draft opinion
Paragraph 11

Amendment 21 #

Draft opinion
Recital B a (new)

Ba. whereas, the European Parliament´s report on the implementation of the 2011 White Paper on Transport: taking stock and the way forward towards sustainable mobility (2015/2005(INI)) adopted on the 29th of July 2015, calls, with regard to road transport, for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States,

Amendment 210 #

Martina DLABAJOVÁ, Gesine MEISSNER

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based ~~seafarers to stop European officers being replaced by crew from third countrie~~or third-country seafarers in accordance with the STCW Convention, ensuring an equal treatment of workers in terms of adequate welfare and pay entitlements; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 211 #

Draft opinion
Paragraph 11

11. ~~Considers that, in the maritime sector, the Commission should promote the recru~~Notes the Commission state aid provisions to support the European maritiment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member State sector encouraging flagging or re-flagging in Member States' registers by means of favourable tax environments (tonnage tax); calls on the Member States to look into measures that encourage recruitment and retention of skilled European-based seafarers;

Amendment 212 #

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers and seafarers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;

Amendment 213 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the compulsory transfer of staff in the event of a change in service provider;deleted

Amendment 214 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards ~~and to implement the compulsory transfer of staff in the event of a change in service provider~~;

Amendment 215 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards ~~and to implement the compulsory transfer of staff in the event of a change in service provider~~;

Amendment 216 #

Massimiliano SALINI

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to ~~implement the compulsory transfer of staff~~assess the possibility of staff transfers in the event of a change in service provider;:

Amendment 217 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards ~~and to implement the compulsory transfer of staff in the event of a change in service provider;~~

Amendment 218 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the ~~compulsory~~ transfer of staff in the event of a change in service provider;

Amendment 219 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of ~~port and railway~~transport services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the compulsory transfer of staff in the event of a change in service provider;

Amendment 22 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Recital B b (new)

Bb. whereas the posting of workers opens the door to numerous obstacles to fair competition, especially in certain transport and tourism sectors;

Amendment 220 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards ~~and to implement the compulsory transfer of staff in the event of a change in service provider~~;

Amendment 221 #

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to established in that Member State to set up staff working conditions on the basis of binding national, regional or local social standards ~~and to implement the compulsory transfer of staff in the event of a change in service provider~~;

Amendment 222 #

Luis de GRANDES PASCUAL, Cláudia MONTEIRO DE AGUIAR

Draft opinion
Paragraph 12

12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority ~~shoul~~must monitor and require the designated provider of port and railway services to e~~stablish staff working conditions on the basis of binding~~nforce binding European, national, regional or local social standards regarding staff working conditions and to implement the compulsory transfer of staff in the event of a change in service provider;

Amendment 223 #

Draft opinion
Paragraph 12

Amendment 224 #

Draft opinion
Paragraph 12 a (new)

12a. Asks Member States to refrain from regulating against one of the basic EU rights, namely freedom of movement

Amendment 225 #

Pavel TELIČKA, Dominique RIQUET, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Paragraph 12 b (new)

12b. Asks DG Competition , together with the National Competition Authorities, to scrutinise the activity of transport companies and assess compliance with the competition laws in force

Amendment 226 #

Draft opinion
Paragraph 13

~~13. Calls on the Commission to establish minimum training requirements for maintenance personnel in the railway sector and to safeguard the economic equilibrium of public service obligations.~~deleted

Amendment 227 #

Draft opinion
Paragraph 13

Amendment 228 #

Draft opinion
Paragraph 13

13. Calls on the Commission to ~~establish~~prepare recommendations on minimum training requirements for maintenance personnel in the railway sector and to safeguard the economic equilibrium of public service obligations;

Amendment 229 #

Draft opinion
Paragraph 13

13. Calls on the Commission to establish minimum training requirements for ~~maintenance personnel~~personnel responsible for safety in operation in the railway sector and to safeguard the economic equilibrium of public service obligations.

Amendment 23 #

Draft opinion
Recital Bb (new)

Bb. whereas transport is a globally competitive sector, any social limitations imposed on the sector should also take into account the impact that they will make on the competitive position of EU carriers

Amendment 230 #

Draft opinion
Paragraph 13

13. Calls on the Commission to establish minimum training and testing requirements for maintenance personnel in the railway sector and to safeguard the economic equilibrium of public service obligations.

Amendment 231 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Ismail ERTUG

Draft opinion
Paragraph 13

13. Calls on the Commission to establish minimum training requirements for maintenance personnel in the railway ~~sector~~and civil aviation sectors at a high operational safety ensuring level and to safeguard the economic equilibrium of public service obligations.

Amendment 232 #

Draft opinion
Paragraph 13

13. Calls on the Commission to establish minimum training requirements for ~~maintenance personnel~~all personnel involved in safety operations in the railway sector and to safeguard the economic equilibrium of public service obligations.

Amendment 233 #

Draft opinion
Paragraph 13 a (new)

13a. Calls on the Commission to set minimum training requirements for control staff;

Amendment 234 #

Draft opinion
Paragraph 13 a (new)

13a. Considers that the issue of social harmonisation, supplemented by the problem of social dumping, goes far beyond the transport sector; considers that these issues have such ramifications as to concern economic, employment and social-policy matters connected with the EU internal market and freedom to provide services.

Amendment 235 #

Draft opinion
Paragraph 13 a (new)

13a. Calls on the Commission, in view of the advancement of transport technology, especially the emergence of fully automated driving systems in road transport, first, to look into future regulation of these technologies and, second, to consider the huge impact they will have on jobs in the transport sector;

Amendment 236 #

Draft opinion
Paragraph 13 b (new)

13b. Stresses that the award criteria for public procurement contracts in the area of public transport should include a tender price established on the basis of a negotiated collective agreement from the company that is submitting the bid;

Amendment 24 #

Draft opinion
Recital Bb (new)

Bb. whereas any change to the legislation concerning the social and working conditions must respect all fundamental freedoms of the EU and shall not restrict fair competition based on objective competitive advantages as well as shall not create any further administrative burden and additional costs for transport undertakings, especially SMEs;

Amendment 25 #

Draft opinion
Recital B c (new)

Bc. whereas differences in wages of drivers in EU countries arise from the diverse economic situation of Member States and cannot be completely eliminated. Such differences are apparent for all economic sectors and are not to be interpreted as the so-called social dumping. Different wages between Member States do not constitute unfair competition, but are rather a natural phenomenon in the EU internal market;

Amendment 26 #

Draft opinion
Recital B d (new)

Bd. whereas transport, in particular international transport and cabotage do not fall under the Posting of Workers Directive (Directive 96/71/EC) and calls the attention to the common statement of the Commission and Member States in this respect (10048/96 ADD 1);

Amendment 27 #

Draft opinion
Recital B e (new)

Be. whereas the irregularities distorting fair competition in transport should be tackled promptly through consistent interpretation and uniform application and stronger enforcement of the current legislation as well as through increased cross-border cooperation while respecting the subsidiarity principle;

Amendment 28 #

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation, particularly legislation on driving hours and rest periods and the directive concerning posted workers in road transport;

Amendment 29 #

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector and to step up effective checks, particularly in relation to compliance with driving and rest times and cabotage rules and also in relation to the consistent imposition of dissuasive penalties for serious breaches of the rules; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;

Amendment 3 #

Draft opinion
Recital A

A. whereas, in the transport sector, ~~security, safety of passengers and high working conditions are interlinked~~working conditions and workers´ rights can potentially impact on the security and safety of passengers;

Amendment 30 #

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission and the competent authorities of the Member States to monitor more closely the implementation and proper enforcement of the existing legislation;

Amendment 31 #

Draft opinion
Paragraph 1

1. Considers that, despite the measures taken to date, differences in national interpretations and enforcement of common EU rules persist, and the number of infringements of the rules on driving times, breaks and rest periods remains high: calls on the Member States, therefore, to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;

Amendment 32 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation, particularly upholding the freedom to provide services pursuant to Article 91(2) TFEU, on the one hand, and freedom of establishment, on the other;

Amendment 33 #

Draft opinion
Paragraph 1

1. Calls on the Member States to ~~swift~~fully implement all relevant social legislation covering the transport sector; ~~strongly~~ urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;

Amendment 34 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Evžen TOŠENOVSKÝ, Ruža TOMAŠIĆ

Draft opinion
Paragraph 1

1. ~~Calls on the Member States to swiftly implement~~Notes that fair completion and clear rules are essential for well-functioning market for all transport modes and therefore calls on the Member States to implement swiftly, efficiently and non- discriminatory all relevant social legislation covering the transport sector; ~~strongly~~ urges the Commission to monitor more closely the implementation ~~and~~, proper enforcement and uniform interpretation of the existing legislation; underlines that any transport regulations should not limit the four freedoms of the European Union, in particular the free movement of people and the free movement of services;

Amendment 35 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Karima DELLI

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to propose measures to address existing unfair and exploitative employment practices across all transport modes and to monitor more closely the implementation and proper enforcement of the existing legislation, as well as eradicating existing legislative loopholes;

Amendment 36 #

Cláudia MONTEIRO DE AGUIAR, Luis de GRANDES PASCUAL

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation and review the directives on the organisation of working time (2003/88/EC) and posted workers (96/71/EC);

Amendment 37 #

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation, increase cross- border cooperation in this area, and for and proper enforcement of the existing legislation;

Amendment 38 #

Cláudia MONTEIRO DE AGUIAR, Luis de GRANDES PASCUAL

Draft opinion
Paragraph 1

1. Calls on the Member States to swiftly implement all relevant European social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation and prevent the proliferation of restrictive national laws that hinder the freedom of movement of workers and services;

Amendment 39 #

Draft opinion
Paragraph 1 – subparagraph 1 (new)

Calls for Member States to refrain from taking unilateral measures and implement unilateral interpretations of the EU social and labour legislation, which can seriously hinder the functioning of the internal market; recalls that in no case social and labour issues should be used as an excuse to prevent market access and stifle healthy competition among operators; Calls the Commission to present a guideline to clarify the national implementation of existing EU legislation and to further harmonization the carrying out of controls;

Amendment 4 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Gesine MEISSNER, Matthijs van MILTENBURG

Draft opinion
Recital A

A. whereas, in the transport sector, ~~security, safety of passengers and high working conditions are interlinked~~certain working conditions may impact safety of passengers;

Amendment 40 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on the EU authorities to lay down a clear legal framework giving priority in employment for Europeans in the Union and urges Member States to implement this priority in the areas of transport and tourism; demands that Member States be given back the freedom to choose whether they want to implement the national priority principle;

Amendment 41 #

Franck PROUST

Draft opinion
Paragraph 1 a (new)

1a. Calls on the European Commission and the Member States to steer their transport policy in the direction of upward fiscal and social harmonisation;

Amendment 42 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Ruža TOMAŠIĆ

Draft opinion
Paragraph 1 a (new)

1a. Considers it necessary to reinterpret the concept of 'social dumping'; recalls that the concept of dumping which is familiar from trade policy is different in the case of transport and more generally in that of labour;

Amendment 43 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that precise definition of problems in the EU transport sector is a prerequisite to further legal actions at the EU or national level and that any problem at the EU transport market must be tackled by targeted approach which will not hamper honestly operating businesses;

Amendment 44 #

Draft opinion
Paragraph 1 a (new)

1a. Emphasizes that social dumping is prevalent in those modes that are less sustainable in terms of their social, environmental and safety performance, like road and air, and where this leads to increasingly unfair intra- and inter-modal competition;

Amendment 45 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Evžen TOŠENOVSKÝ, Ruža TOMAŠIĆ

Draft opinion
Paragraph 1 b (new)

1b. Demands that ‘posted worker’ status be abolished; urges, to that end, the repeal of all related rules;

Amendment 46 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses that it is necessary to take into account the conditions and the development gap between Western and Central and Eastern Europe Member States where in the latter the lower level of economic development implies lower cost of doing business; this situation is cannot be under any circumstances called unfair competition;

Amendment 47 #

Kosma ZŁOTOWSKI, Roberts ZĪLE, Tomasz Piotr PORĘBA, Evžen TOŠENOVSKÝ, Ruža TOMAŠIĆ

Draft opinion
Paragraph 1 c (new)

1c. Stresses that each transport or social legislation reform must be evidence-based and proportional and should not go beyond of what is necessary to increase efficiency of the EU transport sector; reminds that social regulations are the competence of Member States - any transport regulations, not related to safety or security, should observe the subsidiary principle in the EU;

Amendment 48 #

Draft opinion
Paragraph 2

Amendment 49 #

Roberts ZĪLE, Ruža TOMAŠIĆ

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; stresses the need to support adequate education and professional training, and to provide appropriate working conditions; considers in particular that women’s participation must be boosted;

Amendment 5 #

Draft opinion
Recital A

A. whereas, in the transport sector~~, security, safety of passengers and high working conditions are interlinked~~ certain working conditions may have potential safety and security implications;

Amendment 50 #

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted; requests the Commission to propose a review of regulation 868/2004 and to analyse the causes of its non-implementation;

Amendment 51 #

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors in the Member States; firmly believes that employment in the EU transport sector should be made more attractive for future generations; ~~considers in particular that women’s participation must be boosted;~~

Amendment 52 #

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; stresses in particular that road transport is of fundamental importance to society and the economy in the European Union, as it employs more than 2.2% of the entire EU work force (5 million people), accounts for nearly three quarters (72%) of all internal goods transport and carries more passengers than rail, trams and underground railway systems combined; firmly believes, furthermore, that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted;

Amendment 53 #

Pavel TELIČKA, Martina DLABAJOVÁ, Jozo RADOŠ, Matthijs van MILTENBURG

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; ~~firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted~~calls for workers’ training to include at least minimal information on their rights at European level;

Amendment 54 #

Draft opinion
Paragraph 2

2. Recognises the economic growth and thus job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be ~~boost~~encouraged;

Amendment 55 #

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations by increasing transport safety; considers in particular that women’s participation must be boosted;

Amendment 56 #

Draft opinion
Paragraph 2

2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s and young people’s participation must be boosted and a solution found to the dramatic and urgent problem of the lack of professionals in a sector affected by the demographic problem;

Amendment 57 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Karima DELLI

Draft opinion
Paragraph 2 a (new)

2a. Recognises that the transport of goods by road has become an unattractive sector for young people and women in some EU Member States owing to low wages, precarious working conditions and a lack of safety at the workplace;

Amendment 58 #

Draft opinion
Paragraph 2 a (new)

2a. Urges the Commission to ensure that proposals on the opening-up of services in all transport markets go hand in hand with the proper enforcement of EU social legislation, and with support measures to avoid disparities in social conditions in the different Member States; stresses that the opening-up of transport markets should not lead to downgrading of terms and conditions for workers, poorer-quality services, unfair business practices, creation of monopolies or distortion of fair competition in respect to the social protection of transport workers;

Amendment 59 #

Franck PROUST

Draft opinion
Paragraph 3

3. Calls on the Commission to enhance social dialogue in the transport sector as a whole; recalls, in this regard, that productivity agreements need to be promoted in European enterprises (especially long-established ones) encountering or soon to be facing difficulties in markets where competition is increasingly fierce, so that they regain their competitiveness, especially in the air and rail transport sectors;

Amendment 6 #

Draft opinion
Recital A

A. whereas~~, in the transport sector, security, safety of passengers and high working conditions are interlinked~~ creation of a Single European Transport Area was confirmed as the ultimate objective of the 2011 White Paper on Transport;

Amendment 60 #

Pavel TELIČKA, Dominique RIQUET, Martina DLABAJOVÁ, Jozo RADOŠ

Draft opinion
Paragraph 3

3. Calls on the Commission to e~~nhance social dialogue in the transport sector as a whole~~liminate unfair practices which undermine the quality of life of drivers in cross-border transport markets by amending the social provisions governing weekly resting periods; calls, further, for measures to be taken with regard to compliance with social provisions in multi-modal transport, particularly overland transport to maritime and inland ports;

Amendment 61 #

Draft opinion
Paragraph 3

3. Calls on the Commission ~~to enhance~~and the Member States to support enhancement of social dialogue in the transport sector as a whole;

Amendment 62 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO

Draft opinion
Paragraph 3

3. Calls on the Commission to enhance social dialogue in the transport sector as a whole to ensure trade union recognition in all companies and the ability of social partners to negotiate collective agreements, both at the national and European levels; Calls on the Commission to promote the compliance with collective bargaining agreements as a requirement for assessing the good repute of transport undertakings;

Amendment 63 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Ruža TOMAŠIĆ

Draft opinion
Paragraph 3

3. Calls on the Commission to ~~enhance social dialogue in~~support dialogue between employees and employers in the transport sector as a whole, but reminds theat transport ~~sector as a whole;~~ is a globally competitive sector and any social limitations imposed on the sector should also take into account their impact on the competitive position of EU carriers;

Amendment 64 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Karima DELLI

Draft opinion
Paragraph 3

3. Calls on the Commission to enhance social dialogue in the transport sector as a whole, in order to find the best regulatory solutions;

Amendment 65 #

Draft opinion
Paragraph 3

3. Calls on the Commission to enhance social dialogue in the transport and logistics sectors as a whole, including postal and delivery services; underlines the importance of targeting unfair competition through exploitative employment practices where it already exists;

Amendment 66 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Draft opinion
Paragraph 3 a (new)

3a. Reminds the Commission that abolishing social dumping will also lead to better quality of (public) transport services;

Amendment 67 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to investigate social dumping in all transport areas and to establish a set of sanctions on undertakings which violate the European rules, including fines and/or loss of operating licence when necessary;

Amendment 68 #

Draft opinion
Paragraph 3 a (new)

3a. Emphasises that any proposals shall be evidence-based, proportionate and based on detailed analyses and objective data to ensure that proposed solutions enhance the development of an efficient and competitive transport sector;

Amendment 69 #

Draft opinion
Paragraph 3 a (new)

3a. Stresses that combating social dumping must, under no circumstances, penalise those workers who are being exploited by certain transport enterprises; calls, in this regard, for the prosecution of employers in the transport sector who implement bad and fraudulent practices with the aim of evading social and labour laws of the state where their registered office is actually located; calls on the Commission to draw up a blacklist of European companies that systematically breach social and labour legislation in all transport sectors, leading to their haulage permits being withdrawn;

Amendment 7 #

Draft opinion
Recital A a (new)

Aa. having regard to the White Paper on Transport 2011: Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system;

Amendment 70 #

Draft opinion
Paragraph 3 b (new)

3b. Notes the disparities in labour and social conditions across the EU transport sector, which have, moreover, been exacerbated by the economic crisis and necessitate the urgent restructuring of the sector; calls on the Commission to study the situation, and to present a package of specific support and aid measures for the said restructuring of the workers in this sector;

Amendment 71 #

Draft opinion
Paragraph 4

Amendment 72 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such~~monitor business practices such as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter- box companies and flags of convenience and, if necessary, to take measures against fraudulent practices in order to ensure the social protection of workers and create legal certainty for companies;

Amendment 73 #

Wim van de CAMP

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as precarious contract~~limited and avoid the use of atypical employment (such as (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.)~~, letter-box companies and flags of convenience in order to ensure the social protection of workers~~ for safety-critical air transport professionals, in the relevant directives and (EASA) regulation(s);

Amendment 74 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to suspend ~~such~~illegal and unfair business practices ~~as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.)~~such as atypical contracts, letter-box companies and flags of convenience in order to ensure the social protection of workers;

Amendment 75 #

Massimiliano SALINI

Draft opinion
Paragraph 4

4. Calls on the European Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes~~, etc.),~~ and the cross-border posting of illegal workers) letter-box companies and flags of convenience in order to ensure the social protection of workers;

Amendment 76 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers; stresses at the same time that these unacceptable practices may not serve as an official basis for adopting national protectionist measures, which may in any case be counterproductive and which may break up the EU's single internal market and reduce competitiveness;

Amendment 77 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend~~assess the legality of such business practices as precarious contracts (bogus self-employment, zero- hour contracts, pay- to-fly-schemes, etc.), letter-box companies and flags of convenience ~~in order to ensure the social protection of workers;~~

Amendment 78 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.),~~make sure that flexible employment contracts have appropriate social security coverage under national and EU law; stresses the need to identify, penalise and suspend such business practices as letter-box companies and flags of convenience in order to ensure the social protection of workers;

Amendment 79 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as~~ban the worst forms of precarious contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers and to limit other forms of atypical employment having adverse impact on safety levels;

Amendment 8 #

Draft opinion
Recital A a (new)

Aa. whereas freedom of movement for workers is one of the European Union’s fundamental freedoms and workers in the transport sector are, by their very nature, extremely mobile, they are seriously affected by national measures such as weekend bans and other similar restrictions, and as a consequence suitable arrangements should be made for them to engage in the profession of haulier;

Amendment 80 #

Kateřina KONEČNÁ, Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.), letter-box companies and flags of convenience in order t~~counteract with appropriate measures unfair, predatory competition practices involving the employment of staff who gen~~sure the social protection of worker~~erate low social and wage costs;

Amendment 81 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend~~enforce and introduce regulation, in close dialogue with trade unions, to eliminate such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers; Calls on the Commission to take appropriate legislative action to promote direct employment and to ensure the recognition of "bogus" self-employed as employees;

Amendment 82 #

Pavel TELIČKA, Dominique RIQUET, Jozo RADOŠ, Matthijs van MILTENBURG

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such~~fight socially problematic business practices as precarious contracts ~~(bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.)~~, letter-box companies and flags of convenience in order to ensure the social protection of workers;

Amendment 83 #

Martina DLABAJOVÁ

Draft opinion
Paragraph 4

4. Calls on ~~the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.),~~Member States and the Commission, where relevant, to fight unfair business practices, non-standard forms of employment and the phenomena of letter-box companies and flags of convenience in order to ensure the social protection of workers;

Amendment 84 #

Roberts ZĪLE

Draft opinion
Paragraph 4

4. ~~Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment,~~ Stresses that aviation industry competes in a highly competitive international market and therefore a high-skilled motivated workforce and development of more competitive economic models are important for being competitive; calls on the Commission and the Member States to ensure that flexible employment contracts (zero-hour contracts, pay- to-fly-schemes, etc.)~~, letter-box companies and flags of convenienc~~ and innovative business practices provide ian ~~order to ensure th~~appropriate social protection ~~of workers~~;

Amendment 85 #

Draft opinion
Paragraph 4

Amendment 86 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend~~take the necessary steps to eliminate such business practices as precarious contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), letter-box companies and flags of convenience throughout stricter rules and more effective enforcement in order to ensure the social protection of workers;

Amendment 87 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Karima DELLI

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as~~ban precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter- box companies and flags of convenience in order to ensure the social protection of workers and to limit other forms of atypical employment having adverse impact on safety levels;

Amendment 88 #

Gesine MEISSNER

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), and letter-box companies ~~and flags of convenience~~ in order to ensure the social protection of workers; (As the ILO Maritime Labour Convention is regulating working conditions for seafarers internationally one can't speak of flags of convenience anymore.)

Amendment 89 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend~~combat and outlaw effectively such business practices as precarious contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers; calls for the adoption of a social code, and where appropriate legislation ensuring minimum standards for transport workers;

Amendment 9 #

Cláudia MONTEIRO DE AGUIAR

Draft opinion
Recital A c (new)

Ac. whereas a growing number of enterprises based in the countries with the best social conditions are establishing themselves in other states that, owing to their recent accession to the EU or the effects of the crisis, offer more competitive labour conditions, with the sole aim of circumventing applicable labour legislation;

Amendment 90 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such~~take appropriate measures on business practices as precarious contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), ~~letter-box companies~~ and flags of convenience in order to ensure the social protection of workers; Calls on the Commission to clarify the existing legal framework applicable to avoid letter-box companies and protect workers´ rights;

Amendment 91 #

Ivo BELET

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to suspend such business practices as ~~precarious~~atypical contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), letter-box companies and flags of convenience ~~in order to ensure~~, given their possible impact on safety and on the social protection of workers;

Amendment 92 #

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workerstake appropriate measures to combat the widespread use of contract conditions that put the social protection of workers at risk, as well as to combat letter-box companies and flags of convenience;

Amendment 93 #

Draft opinion
Paragraph 4 a (new)

4a. Urges the Commission to ensure that workers in the European transport and tourism sectors who are not residents of the EU also comply with the safety requirements applicable under European law;

Amendment 94 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that letter-box companies, among others, can be tackled by making a clear distinction between freedom of establishment and the freedom to provide services, so that activities of an enterprise in another Member State in which it is not established are clearly temporary in nature;

Amendment 95 #

Draft opinion
Paragraph 4 a (new)

4a. Strongly urges the Commission and Member States, with regard to the EASA Regulation and other relevant legislation, to support direct employment contracts as the standard model and to restrict the use of atypical employment contracts;

Amendment 96 #

Draft opinion
Paragraph 4 a (new)

4a. Recalls, however, the legitimate right to exercise the profession of haulier in the EU and the possibility that workers and self-employed persons will perform their services outside the EU, under European cabotage legislation; calls on the Commission to take action against the recent decisions adopted by some Member States that infringe this right and seek to protect the workers of their countries with protectionist measures and unjustified barriers;

Amendment 97 #

Draft opinion
Paragraph 5

5. Calls for the introduction of timely and appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

Amendment 98 #

Draft opinion
Paragraph 5

5. Calls for the ~~introduction of appropriate control devices, using modern technology, for all~~optimisation of control devices in transport modes for professional use so as to monitor working time and rest time ~~effectively, with a view to ensuring~~proportionately and more effectively, and calls for the speedier introduction of smart tachographs; takes the view that the onus is on the Member States in particular to ensure the proper implementation of existing legislation;

Amendment 99 #

Draft opinion
Paragraph 5

5. Calls for increased controls on the implementation of working time and rest times in transport; Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

source: 575.337

2016/02/25 EMPL 704 amendments...

Amendment 1 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Evelyn REGNER, Ole CHRISTENSEN, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Title

on social dumping in the European Union: ensuring fair competition, equal treatment and convergence between economic and social partners,

Amendment 10 #

Motion for a resolution
Citation 7 a (new)

— having regard to Regulation (EC) No 561/2006 on driving time and leisure time and to Directive 2002/15/EC of the European Parliament and of the Council on the organisation of the working time of persons performing mobile road transport activities,

Amendment 100 #

Motion for a resolution
Recital D

D. having regard to the importance of the principle of 'equal ~~pay and social protection for the same work at the same place'~~treatment for all European workers,

Amendment 101 #

Tom VANDENKENDELAERE, Ivo BELET, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Recital D

D. having regard to the importance of the principle of 'equal pay ~~and social protection for the same work at the same place~~for equal work' for all European workers,;

Amendment 102 #

Motion for a resolution
Recital D

D. having regard to the importance of the principle of 'equal pay ~~and social protection~~ for the same work at the same place' for all European workers, and to the need to social convergence in the EU single market;

Amendment 103 #

Motion for a resolution
Recital D

D. having regard to the importance of the declaration by the President of the Commission of the principle of ‘equal pay ~~and social protection~~ for the same work at the same place’ ~~for all European workers~~; whereas legal clarification of this principle and its application is required;

Amendment 104 #

Motion for a resolution
Recital D

D. having regard to the importance of the principle of ‘equal pay ~~and social protection~~ for the same work at the same place’ ~~for all European workers~~;

Amendment 105 #

Csaba MOLNÁR

Motion for a resolution
Recital D

D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same place' for all European workers, because the settlement of European Union employees in several Member States has become a hot political issue recently;

Amendment 106 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital D a (new)

D a. whereas introducing the principle of "equal pay for equal work in the same place" at EU level could impose a significant barrier to the proper functioning of the single market;

Amendment 107 #

Motion for a resolution
Recital D a (new)

Da. whereas the Commission has announced that during 2016 it intends to propose new initiatives concerning road transport, including the social aspects;

Amendment 108 #

Motion for a resolution
Recital D a (new)

Da. whereas dumping, whether social, fiscal or environmental, is contrary to European values as it endangers the protection of EU citizens’ rights 1 a; __________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2015-0252+0+DOC+XML+V0//EN

Amendment 109 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Georges BACH

Motion for a resolution
Recital D a (new)

Da. whereas the construction, catering, agriculture, health and transport sectors are those most frequently affected by social dumping; whereas the transport sector is a case apart, given the high mobility of workers;

Amendment 11 #

Motion for a resolution
Citation 8 a (new)

- having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.

Amendment 110 #

Motion for a resolution
Recital D a (new)

D a. having regard to the fact that posted workers make up about 0,6% of the entire EU labour force2a, __________________ 2aSee: Jozef Pacolet & Frederic De Wispelaere, Posting of workers, Report on A1 portable documents issued in 2012 and 2013, p. 15. According to EUROSAT data, the entire EU labour force in 2013 amounted to 243.2 million people (Labour force survey overview 2013, EUROSTAT (http://ec.europa.eu/eurostat/statistics- explained/index.php/Labour_force_survey _overview_2013#Labour_force_in_the_E U)

Amendment 111 #

Nadine MORANO

Motion for a resolution
Recital D a (new)

Da. whereas the number of posted workers in the Union is put at 1.2 million, mainly in the construction (25% of posted workers), services, transport, communication and agriculture sectors;

Amendment 112 #

Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Anne SANDER

Motion for a resolution
Recital D a (new)

Da. whereas some companies that abuse the principle of free movement tend to set up their operations abroad through subsidiaries to exploit wage and tax regulations more favourable than those in the country of origin;

Amendment 113 #

Motion for a resolution
Recital D a (new)

Da. whereas the free movement of persons is essential to the European project, and also a prerequisite for achieving economic, social and territorial cohesion goals in order to bring about a solid and sustainable level of competitiveness in all Member States;

Amendment 114 #

Motion for a resolution
Recital D a (new)

D a. whereas when it comes to competiveness, pay and wage plays an important role but it is only one factor of economic activity, other aspects of entrepreneurships could also be inspected (taxes, customs, access to financial markets, prices and availability of public services, etc.) accordingly, therefore, different pay rates among Member States do not constitute unfair competition, but are rather a natural phenomenon in economic reality of the EU. In this context, also the social security systems of Member States should not be questioned as they represent a significant part of their national social policies (this concerns also differences in the levels of minimum wages and insurance premiums).

Amendment 115 #

Motion for a resolution
Recital D a (new)

Da. whereas instruments that help combat fraud and social dumping, such as Directive 2014/67/EU, have still to be implemented in several Member States and their impact will have to be properly analysed;

Amendment 116 #

Motion for a resolution
Recital D a (new)

Da. whereas there is a need to verify the state of implementation and the benefits of applying Directive 96/71/EC concerning the posting of workers in the framework of the provision of services;

Amendment 117 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Recital D a (new)

Da. whereas the Court of Justice of the European Union has highlighted, in its judgment in Case C-396/13, that Directive 96/71/EC tends, on the one hand, to ensure fair competition between domestic businesses and businesses which provide transnational services, and, on the other, to ensure that a nucleus of mandatory rules laying down minimum protection in the host Member State apply to posted workers;

Amendment 118 #

Motion for a resolution
Recital D a (new)

Da. whereas undeclared work harms not only workers, but also employers who observe the rules and who thus find themselves facing unfair competition from employers who do not;

Amendment 119 #

Louis MICHEL, Gérard DEPREZ, Frédérique RIES

Motion for a resolution
Recital D a (new)

Da. having regard to the important role that European employers’ federations and trade union can play in the struggle against social dumping;

Amendment 12 #

Ulla TØRNÆS

Motion for a resolution
Citation 9 a (new)

- having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST), as amended by Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006,

Amendment 120 #

Motion for a resolution
Recital D a (new)

D a. whereas substantial differences in labour conditions and wages persist in the Union and whereas social upward convergence is key to prosperity and enhanced internal demand within the whole Union,

Amendment 121 #

Danuta JAZŁOWIECKA, Georges BACH, Claude ROLIN, Heinz K. BECKER, Eduard KUKAN

Motion for a resolution
Recital D b (new)

D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;

Amendment 122 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital D b (new)

D b. whereas the setting of wages is a Member State competence;

Amendment 123 #

Motion for a resolution
Recital D b (new)

Db. whereas the CJEU has highlighted, in its judgment in Case C-396/13, that the host Member State is competent to determine the level of the minimum wage and the method of calculating and to assess the criteria employed for that purpose;

Amendment 124 #

Motion for a resolution
Recital D b (new)

Db. whereas in those Member States where the minimum wage is inadequate the posting of workers may force down wages for other workers in the host country, and effectively cause unfair competition;

Amendment 125 #

Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Anne SANDER

Motion for a resolution
Recital D b (new)

D b. whereas wage differences are the main reason for departure from home countries for workers, with vulnerability, abuse of workers and brain drain as a consequence for the home country,

Amendment 126 #

Motion for a resolution
Recital D b (new)

Db. whereas the posting of workers should facilitate the sharing of skills and professional experience, and not be a cause of social dumping;

Amendment 127 #

Louis MICHEL, Gérard DEPREZ, Frédérique RIES

Motion for a resolution
Recital D b (new)

Db. whereas the problem of social dumping stems mainly from cases of fraud in violation of the European legislation in force;

Amendment 128 #

Motion for a resolution
Recital D b (new)

Db. whereas the scope for action on the part of the host Member State's labour inspectors is relatively limited in the context of the joint monitoring actions carried out when fraud is suspected (simple physical reinforcement, no possibility of taking statements);

Amendment 129 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Recital D b (new)

Db. whereas rigorous action on the part of Member State labour inspectorates and closer, systematic coordination between them are essential;

Amendment 13 #

Motion for a resolution
Citation 10 a (new)

- having regard to its legislative resolution of 2 February 2016 on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work, (COM(2014)0221 - C7-0144/2014- 2014/0124(COD)),

Amendment 130 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Recital D b (new)

D b. having regard to the commitment of not increasing the financial burden for business, SMEs in particular,

Amendment 131 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital D b (new)

D b. whereas according to Directive 96/71/EC Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 June 2016;

Amendment 132 #

Motion for a resolution
Recital D b (new)

Db. having regard to the importance of assessing the impact of the implementation of Directive 2014/67/EU, once it has been transposed in all Member States, in order to determine its real impact in the struggle against the various types of fraud identified in the context of the posting of workers;

Amendment 133 #

Motion for a resolution
Recital D b (new)

Db. whereas we do not yet know which Member States have correctly implemented Directive 2014/67/EU on the enforcement of Directive 96/71/EC;

Amendment 134 #

Motion for a resolution
Recital D c (new)

Dc. whereas most Member States have not yet transposed Directive 2014/67/EU, even though the deadline is 18 June 2016;

Amendment 135 #

Motion for a resolution
Recital D c (new)

D c. having regard to the idea behind posting is to ensure the balance between the freedom to provide services (by simplifying the employment of the workers of a company which provides the service) and between social rights, and therefore posted workers are not part of the host Member States' labour market and are not entitled to search for work or to apply for unemployment benefits there.

Amendment 136 #

Motion for a resolution
Recital D c (new)

D c. whereas the tackling of large scale abuse is essential to maintain the freedom of movement in the internal market and solidarity within the Union,

Amendment 137 #

Motion for a resolution
Recital D d (new)

Dd. Due to a very wide meaning and various possibilities of interpretation of "social dumping" , as well as due to the fact that this term is often being wrongly overused, calls on all relevant stakeholders to limit its use and instead to be more precise and refer to concrete examples of abuse of law;

Amendment 138 #

Motion for a resolution
Recital D d (new)

Dd. whereas strong safeguards to protect the rights of posted workers and to prevent 'social dumping' are laid down in Directive 96/71/EC, that presents a core of mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State,

Amendment 139 #

Motion for a resolution
Recital D d (new)

Dd. whereas strong safeguards to protect the rights of posted workers and to prevent illegal activities are laid down in the Directive 96/71/EC, that presents a core mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State;

Amendment 14 #

Motion for a resolution
Citation 10 a (new)

- having regard to the successful establishment of the European Platform for Undeclared work and its upcoming first work meetings in 2016,

Amendment 140 #

Motion for a resolution
Recital D e (new)

D e. whereas the economic differences among Member States cannot be solved by simple modifying the Posting of Workers Directive (Directive 96/71/EC) and the current relevant legal framework for implementation (Directive 2014/67/EU) has not been fully implemented in Member States, and therefore there is no available evaluation in terms of the efficiency of the basic legislation,

Amendment 141 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER

Motion for a resolution
Recital D e (new)

D e. having regard to the on-going implementation of the Posting of Workers Enforcement Directive (2014/67/EU) and its aim to further increase the protection of posted workers and to specifically tackle cases of "social dumping",

Amendment 142 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Subheading I

I. Reinforcing controls and coordination between and by Member States

Amendment 143 #

Motion for a resolution
Paragraph -1 (new)

-1. Calls for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport, and for the imposition of penalties for serious non- compliance;

Amendment 144 #

Tom VANDENKENDELAERE, Jeroen LENAERS

Motion for a resolution
Paragraph -1 (new)

-1. Calls on those Member States which have not yet done so to transpose Directive 2014/67/EU in order to ensure its effective application as soon as possible;

Amendment 145 #

Motion for a resolution
Paragraph 1

~~1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;~~deleted

Amendment 146 #

Motion for a resolution
Paragraph 1

~~1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;~~deleted

Amendment 147 #

Motion for a resolution
Paragraph 1

~~1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No 81 on labour inspection;~~deleted

Amendment 148 #

Danuta JAZŁOWIECKA, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Paragraph 1

1. Calls on the ~~Commission to submit a proposal for~~Member States to make more staff and resources available in the area of labour inspection and achieve the goal of one labour inspector per 10 000 workers, in accordance with ILO recommendations; calls on the Commission to support the Member States in establishing effective and efficient labour inspectorates and to draft a direc~~tive~~ommendation based on ILO Convention No 81 on labour inspection;

Amendment 149 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 1

1. Calls on the Commission to ~~submit a proposal for a directive based on~~encourage Member States to take ILO Convention No. 81 on labour inspection into account when formulating their policies;

Amendment 15 #

Motion for a resolution
Citation 10 a (new)

- having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,

Amendment 150 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 1

1. ~~Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection~~Welcomes the ratification by the Member States of the ILO Convention No. 81 on labour inspections and the progress made by adopting the new European Platform to enhance cooperation in the prevention and deterrence of undeclared work; in this regard, recognizes the Commission's work in financing the mutual learning programmes for labour inspectors in the Member States and the progress made via SLIC system;

Amendment 151 #

Motion for a resolution
Paragraph 1

1. ~~Calls on the Commission to submit a proposal for a directive based on~~Encourages Member States to ratify and implement the ILO Convention No. 81 on labour inspection;

Amendment 152 #

Motion for a resolution
Paragraph 1

1. Calls on ~~the Commission to submit a proposal for a directive based on~~all the Member States to ratify ILO Convention No. 81 on labour inspection;

Amendment 153 #

Motion for a resolution
Paragraph 1

1. ~~Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection~~Points out that 28 Member States have ratified ILO Convention No. 81 on labour inspection; calls on Member States to ensure that all its provisions are implemented;

Amendment 154 #

Motion for a resolution
Paragraph 1

1. ~~Calls on the Commission to submit a proposal for a directive based on~~Encourages the 28 EU Member States, which are signatories to ILO Convention No. 81 on labour inspection, to observe its principles;

Amendment 155 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission ~~to submit a proposal for a directive based o~~and the Member States to respect the principles laid down in ILO Convention No. 81 on labour inspection;

Amendment 156 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to ~~submit~~consider a proposal for ~~a directive~~enhancing better cooperation among Member States based on ILO Convention No. 81 on labour inspection in accordance with the current Treaties (Art. 153 (1) TFEU in particular);

Amendment 157 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to submit a proposal ~~for a directive~~ based on ILO Convention No. 81 on labour inspection, which has been ratified by all Member States of the Union, with a view to enforcing the rules on working conditions and the protection of workers in their daily work, such as the provisions on working hours, wages, safety, hygiene and well-being; draws attention to the important role the social partners must play, in accordance with national laws and practices, in ensuring that existing rules are complied with;

Amendment 158 #

Guillaume BALAS, Edouard MARTIN, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Emilian PAVEL, Agnes JONGERIUS, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Brando BENIFEI, Elena GENTILE, Ole CHRISTENSEN, Siôn SIMON, Flavio ZANONATO

Motion for a resolution
Paragraph 1

1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection in order to ensure the respect of labour standards and the protection of workers, such as provisions relating to working time, safety, and health; recalls the important role ensured by social partners in order to ensure that existing legislations are respected;

Amendment 159 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO

Motion for a resolution
Paragraph 1

1. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates and trade unions play a key role in enforcing workers' rights to decent pay and working conditions, and in providing consultation and guidance to employers; Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;

Amendment 16 #

Motion for a resolution
Citation 10 a (new)

- having regard to the decision of the European Parliament and the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work,

Amendment 160 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 1 a (new)

1 a. Welcomes the Commission´s intention to evaluate EU OSH legislation as part of the Smart Regulation programme;

Amendment 161 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises the importance of stepping up checks on the working conditions of workers in labour-intensive sectors;

Amendment 162 #

Motion for a resolution
Paragraph 1 a (new)

1a. Calls for a thorough review of the 1996 directive on the posting of workers, rather than a simple strengthening of controls in the event of breaches of the rules;

Amendment 163 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 1 a (new)

1a. Warmly welcomes the agreement to establish a European platform to combat undeclared work which brings together the Commission, the social partners and national authorities in order to step up the fight against undeclared work throughout the Union; regards the platform as a prime example of the added value which the Union brings to social policy;

Amendment 164 #

Motion for a resolution
Paragraph 1 b (new)

1b. Calls for social contributions to be calculated in accordance with the rules in force in the host country and to be paid into the social security fund of the country of origin;

Amendment 165 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 2

2. Calls on Member States to ~~increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation~~exchange best practice and to consider new innovative ways of developing an adaptable and flexible labour market to meet the challenges of a global economy while ensuring high labour standards for all workers;

Amendment 166 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to i~~ncrease the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation~~mplement the Directive 2014/67/EU;

Amendment 167 #

Motion for a resolution
Paragraph 2

Amendment 168 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the ~~staffing levels and resources~~efficiency of their labour inspectorates and t~~heir liaison offices, in particular for interpretation and translation~~o make sure that they are adequately equipped to enforce European legislation in the area of the free movement of workers and services;

Amendment 169 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 2

2. Calls on the Member States to increase the ~~staffing levels and resources~~efficiency of their labour inspectorates and their liaison offices~~, in particular for interpretation and translation~~;

Amendment 17 #

Motion for a resolution
Citation 10 a (new)

- having regard to the adoption of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work,

Amendment 170 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to ~~increase~~constantly review the staffing levels and resources of their labour inspectorates and their liaison offices~~, in particular for interpretation and translation~~;

Amendment 171 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 2

2. Calls on Member States to ~~increase th~~secure appropriate staffing levels and resources ofor their labour inspectorates and their liaison offices~~, in particular for interpretation and translation~~ and to make sure that inspections are proportionate, justified and non- discriminatory;

Amendment 172 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and ~~their~~ liaison offices, in particular for interpretation and translation and not to impose restrictions on the scope for carrying out checks, including by trade unions;

Amendment 173 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in ~~particular~~cluding for interpretation and translation;

Amendment 174 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources ~~of their labour inspectorates and~~for their social labour inspection in order to achieve the goal of having one labour inspector for 10 000 workers, in accordance with ILO recommendations; calls on the Committee of Senior Labour Inspectors (SLIC) to submit proposals for the creation of a European body of labour inspectors, whose expertise would be valuable in the field of the posting of workers or the cross-border trade in services; calls on Member States to increase the staffing levels and resources for their liaison offices, in particular for interpretation and translation;

Amendment 175 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their social and labour inspectorates and their liaison offices, in particular for interpretation and translation; in addition, calls on Member States to draw up Union-wide in-service training programmes for inspectors who deal with issues such as bogus self- employment and the posting of workers, to identify the new techniques used to circumvent the rules and to organise cross-border checks; recommends, further, that local social and labour inspection services carry out ad hoc joint cross-border checks, in particular in areas close to borders;

Amendment 176 #

Tom VANDENKENDELAERE, Ivo BELET, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation; encourages Member States to increase and improve the continuing education and training of labour inspectorates, as recommended by the European Economic and Social Committee; stresses the importance of ensuring access to private areas for national labour inspectorates and social partners, since this is a prerequisite for them to carry out their job and check for cases of social dumping.

Amendment 177 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to improve cross-border cooperation between inspection services and an electronic exchange of information and data, in order to set up more efficient controls to combat and prevent social fraud; to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;

Amendment 178 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates, agencies and their liaison offices, ~~in particular~~to monitor and enforce protections in new models of employment relationships, as well as for interpretation and translation;

Amendment 179 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and ~~their~~ liaison offices, in particular for training in the arrangements governing the posting of workers, interpretation and translation;

Amendment 18 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Citation 10 a (new)

- having regard to European platform to enhance cooperation in the prevention and deterrence of undeclared work,

Amendment 180 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, by applying modern IT services and solutions available in the given country, in particular for improving interpretation and translation;

Amendment 181 #

Marian HARKIN

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their control bodies, including labour inspectorates and their liaison offices and other control bodies such as customs, revenue, social protection bodies and immigration, in particular for interpretation and translation;

Amendment 182 #

Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and ~~their~~ liaison offices, in particular for interpretation and translation, with a view to mandatory cooperation and mutual assistance between Member States;

Amendment 183 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase and improve the efficiency of the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;

Amendment 184 #

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in ~~particular for interpretation and translation~~order to ensure the effective implementation of Directive 2014/67/EU;

Amendment 185 #

Danuta JAZŁOWIECKA, Claude ROLIN, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Paragraph 2

2. Calls on Member States to increase the staffing levels, scope and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;

Amendment 186 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Calls on the Member State to swiftly finalise the implementation of the Enforcement Directive on Posting of workers 2014/67/EU and calls on the Commission to closely monitor the transposition and exercise of corresponding national laws in practice;

Amendment 187 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved;deleted

Amendment 188 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved;deleted

Amendment 189 #

Motion for a resolution
Paragraph 3

3. ~~Calls for the creation of a European body of cross-border labour supervision to carry out on-the-spot checks in suspected cases of social dumping, including the identification of 'letterbox compan~~Having regard to the fact that Commission Regulation (EU) No 67/2014 provides for both the obligation to report and cooperation and exchange of information between authorities, and the European Parliament has taken an active part in the preparation of the legislation and the co-decision procedure, it calls upon Member States to reinforce labour inspection activities', ~~which would work in coordination with the platform against undeclared work in order to lim~~thereby reinforcing the reduction of illegal employment, the fight against misuses and undeclared work, and the increased protection of employees simultaneously with the ~~financial burdens involved~~reduction of bureaucracy;

Amendment 19 #

Motion for a resolution
Citation 11 a (new)

- having regard to the Eurofound report entitled “Posted workers in the European Union (2010)1a” and the national reports, __________________ 1a http://www.eurofound.europa.eu/publicati ons/report/2010/working-conditions- industrial-relations/posted-workers-in- the-european-union

Amendment 190 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordinamore effective implementation of existing legislation and increased cooperation between national labour inspectorates both within and outside the European Platform for Undeclared Work, in order to efficiently fight cases of infringement of national and EU labour law and EU provisions on the free movement of workers, freedom of establishment and freedom to provide services. All measures introduced in order to prevent and combat the abuse and circumvention ~~with~~of the ~~platform against undeclared work in order to limit the financial burden involved;~~ applicable rules by undertakings should be justified and proportionate so as not to create undue administrative burdens on SMEs or to limit their potential to create new jobs, while protecting posted workers.

Amendment 191 #

Motion for a resolution
Paragraph 3

3. Calls for ~~the creation of a European body of cross-border labour inspectors to carry o~~better and more efficient cooperation and exchange of information between Member States' administrations responsible for labour inspections and for distribution of social security contribut ion~~-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would~~s in order to detect in a timely and efficient ways cases of breach of labour and social law; calls on Member States to use all possibilities given by the Enforcement Directive on the posting of workers 2014/67/EU in order to identify and penalise 'letterbox companies'; recommends to the Commission to consider changing the Eurodetachement projects into a permanent platform of exchange, common training and collaboration for labour inspectors and public officials of liaison offices on Posting involved in control and monitoring, which could be included or work in coordination with the platform against undeclared work in order to limit the financial burden involved;

Amendment 192 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 3

3. Calls ~~for the creation~~on Member States in the context of athe European ~~body of cross-border labour inspect~~Platform for Undeclared Worsk to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involvedonsider ways to step up efforts for the exchange of information in order to curb undeclared work and fraud while recognising the importance of data protection and the special status of tax information;

Amendment 193 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying ‘letterbox companies’, which body would work in coordination with the platform against undeclared workEncourages Member States to focus on labour inspector training concerning issues pertaining to the posting or workers and on good cooperation between their services; with that aim in view, welcomes the forthcoming launch of the European platform for combating undeclared work; hopes that this platform will address the issue of fraud linked to the posting of workers, by identifying ‘letterbox companies’, but also by encouraging labour inspectorates to cooperate more closely with each other, and to share in for~~der to limit the financial burden involved~~mation about their good practices;

Amendment 194 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involvedNotes that the recent decision to establish a European platform to combat undeclared work supports the Member States and their labour inspectorates and therefore reduces the financial burden on them and increases the cross-border effectiveness of the measures to combat the grey economy;

Amendment 195 #

Motion for a resolution
Paragraph 3

3. ~~Calls for the creation of a European body of cross-border labour inspect~~Welcomes the goals laid down by the European Platforsm to ~~carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woul~~enhance cooperation in the prevention and deterrence of undeclared work in coord~~ination with the platform against undeclared work in order to limit the financial burden involved~~er to mitigate the consequences of undeclared work, to learn from the best practices as well as to share and exchange information of how to tackle it;

Amendment 196 #

Motion for a resolution
Paragraph 3

3. Calls for ~~the creation of a European body of~~measures to promote cross- border ~~labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in~~cooperation between labour inspectors in close coordination with the work of the platform ~~agains~~to combat undeclared work in order to limit the financial burden involved;

Amendment 197 #

Motion for a resolution
Paragraph 3

3. Calls ~~for~~on the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying ‘letterbox companies’, which body would work in coordination with the platform against undeclared work in order to limit the financial burden involvedMember States to combat social dumping, including by identifying ‘letterbox companies’;

Amendment 198 #

Motion for a resolution
Paragraph 3

3. Calls ~~for the creation of a European body of cross-border labour inspectors~~on the Commission and the Member States to foster enhanced cooperation and improved and more rapid exchanges of information between their national supervisory authorities and social security institutions in connection with cross-border work, in order to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies'~~, which body would work in~~; notes that enhanced coordination with the platform against undeclared work i~~n order to limit the financial burden involved~~s also necessary;

Amendment 199 #

Motion for a resolution
Paragraph 3

3. ~~Calls for the creation of a European body of cross-border~~Puts the emphasis on the importance of closer cooperation between national labour inspectorates to carry out on-the- spot checks in suspected cases of social ~~dumping~~fraud, including by identifying 'letterbox companies', ~~which body would work~~ in coordination with the platform against undeclared work in order to limit the financial burden involved;

Amendment 2 #

Marian HARKIN, Renate WEBER

Motion for a resolution
Citation 1 a (new)

- having regard to the fundamental freedom of movement of workers (Article 45 TFEU) and the free movement of services (Article 56 TFEU),

Amendment 20 #

Motion for a resolution
Citation 11 a (new)

- having regard to the Eurofound report entitled “Posted workers in the European Union” (2010) and the national reports,

Amendment 200 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of ~~social dumping, including by identifying 'letterbox companies'~~work under illegal conditions, which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved;

Amendment 201 #

Motion for a resolution
Paragraph 3

3. Calls ~~for the creation of a European body of~~on Member States to establish channels for dialogue between their labour inspectorates with regard to cross- border ~~labour inspectors to~~work, so that they can carry out on- the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', ~~which body would work~~ in coordination with the platform for combating undeclared work ~~in order to limit the financial burden involved~~;

Amendment 202 #

Tom VANDENKENDELAERE, Ivo BELET, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 3

3. Calls for the ~~creation of a European bod~~enhancement of the cooperation between Member States entities responsible for labour inspections, especially ofn cross-border labour inspect~~ors~~ions, to carry out on-the-spot checks in suspected cases of social dumping, including by identifying '"letterbox companies~~', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved;~~" and by helping other countries transmitting its national information.

Amendment 203 #

Motion for a resolution
Paragraph 3

3. Calls ~~for the creation of a European body of cross-border~~on the Member States for the improved cross-border cooperation between inspection services and an electronic exchange of information and data, in order to set up more efficient controls to combat and prevent social fraud, bogus self-employment and undeclared work; encourages the competent labour inspectorates to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', ~~which body would work~~ in coordination with the platform against undeclared work in order to limit the financial burden involved;

Amendment 204 #

Motion for a resolution
Paragraph 3

3. Calls ~~for the creation of a European body of cross-border labour inspectors to~~on Member States to step up cooperation in carrying out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies'~~, which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved~~;

Amendment 205 #

Motion for a resolution
Paragraph 3

3. Calls for ~~the creation of a European body of cross-border~~improvement of coordination between national labour inspectorates and the creation of bilateral and where needed multilateral teams of labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies'~~, which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved~~;

Amendment 206 #

Motion for a resolution
Paragraph 3

3. Calls for ~~the creation of a European body of cross-border labour inspector~~on-the-spot checks to be carryied out ~~on-the-spot checks~~ in suspected cases of social dumping, including by identifying ‘letterbox companies’~~, which body would work in coordination with the~~; draws attention to the existence of structures such as the Senior Labour Inspectors Committee or the European platform ~~against~~to tackle undeclared work ~~in order to limit the financial burden involved~~and the need to make use of them;

Amendment 207 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border social and labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work, for the sake of efficiency, in coordination with the platform for combating undeclared work ~~in order to limit the financial burden involved~~; regards effective cooperation between national authorities and the social partners as a vital part of the effort to end social dumping and ensure that competition in the single market is fair;

Amendment 208 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Emilian PAVEL, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Ole CHRISTENSEN, Flavio ZANONATO

Motion for a resolution
Paragraph 3

3. Calls for the creation of a ~~European body of cross-border labour inspecto~~task force including respective national competent actors or authorities such as social partners to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which ~~body~~task force would work in coordination with the platform against undeclared work in order to limit the financial burden involved;

Amendment 209 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks ~~in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against~~regarding the undeclared work ian ~~order to limit the financial burden involved~~legality of work contracts;

Amendment 21 #

Motion for a resolution
Citation 11 a (new)

- having regard to the Eurofound report entitled "Posted workers in the European Union" (2010),

Amendment 210 #

Motion for a resolution
Paragraph 3

3. Ccalls for the creation of a European body of cross-border labour inspectors, composed of at least one expert per Member State seconded to EU level, subject to guarantees of their independence in relation to their Member State of origin, to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved;

Amendment 211 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', said body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved; this European body of inspectors would create a network of national social inspection services in order to promote information exchange;

Amendment 212 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved; calls for increasing controls of recruitment agencies which are often involved in different forms of abuse and labour exploitation;

Amendment 213 #

Motion for a resolution
Paragraph 3

3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved; at the same time, emphasises that these wrong practices may not serve as a basis reference for taking of protectionist national measures, which could otherwise be counterproductive, and could lead to the fragmentation of the internal market of the European Union and the reduction of competitiveness;

Amendment 214 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Recognizes that social dumping very often is a result of various forms of undeclared work and calls for the issues regarding social dumping to be discussed by the European Platform to enhance cooperation in tackling undeclared work;

Amendment 215 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Calls on Europol to set up a unit to investigate financial crimes related to social dumping, such as the setting up of letterbox companies and cross border social security fraud,

Amendment 216 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Calls on the Member States to ensure exchange of information and to improve coordination between labour inspectorates in order to improve cross-border cooperation; urges the Commission to further strengthen the cooperation of national labour inspectors in the Senior Labour Inspectors Committee (SLIC);

Amendment 217 #

Motion for a resolution
Paragraph 3 a (new)

3a. Urges Member States to foster exchanges of information between labour inspectors and, following proper training, with the European body of cross-border labour inspectors, and to create a joint database of ‘letter box companies’, their holding companies and their commercial partners; (Information-exchange and data-sharing in the European Union are an essential precondition to combating all illegal activity.)

Amendment 218 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Calls for means of effective cooperation between labour inspections via standards documents.

Amendment 219 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Calls for the establishment of a confidential reporting system, with the aim of facilitating the inspectorates tasks and their effectiveness;

Amendment 22 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Citation 11 a (new)

- having regard to the Eurofound Industrial Relations Dictionary1a, __________________ 1a https://www.eurofound.europa.eu/observa tories/eurwork/industrial-relations- dictionary

Amendment 220 #

Motion for a resolution
Paragraph 4

~~4. Calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions;~~deleted

Amendment 221 #

Motion for a resolution
Paragraph 4

4. Calls for the implementation by Member States of ~~electronic systems for the r~~the current EU legistrlation o~~f the prior declaration of posting missions~~n Posting;

Amendment 222 #

Martina DLABAJOVÁ, Renate WEBER

Motion for a resolution
Paragraph 4

4. Calls for the implementation by Member States of ~~electronic systems for registering the prior declaration of posting missions;~~ standardised databases to register prior declarations of posting missions; declarations should include the following information: a) General information concerning a worker or a self-employer worker: particulars of the worker or the self- employed worker, start and end dates of the posting, interim sector or construction sector, actual place of employment where services will be provided, particulars of the client or commissioner b) Specific and additional information concerning a worker particulars of the employer, worker’s working hours

Amendment 223 #

Motion for a resolution
Paragraph 4

4. Calls for the implementation by Member States of electronic systems for the registration ~~of the prior declaration of posting missions~~, welcomes the functionalities of the EU IMI system;

Amendment 224 #

Motion for a resolution
Paragraph 4

4. Calls for the ~~implementation by~~Member States to pay attention to the Court of Justice of the European Union's case C-577/10 Commission v Belgium of 19 December 2012 (Limosa-case) in terms of conditions to improve Member States of' electronic systems for the registration of the prior declaration of posting missions;

Amendment 225 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 4

4. Calls ~~for the implementation by Member States of~~on Member States in the context of better regulation to make electronic systems available for the registration of the ~~prior~~ declaration of posting missions;

Amendment 226 #

Motion for a resolution
Paragraph 4

4. Calls ~~for the implementation by~~on Member States ofto make electronic systems available for the registration of the ~~prior~~ declaration of posting missions;

Amendment 227 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 4

4. Calls for checking whether i~~mplementation by~~t would be effective and efficient if Member States ofwere to set up electronic systems for the registration of the prior declaration of posting missions;

Amendment 228 #

Motion for a resolution
Paragraph 4

4. ~~Calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions~~Notes that non-declaration or irregular declarations are among the most common types of fraud; recommends that the prior declaration be made mandatory in all Member States; also calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions, which would make declarations easier to consult, facilitate coordination between Member States and limit the current legal uncertainties linked to the differences in procedures and documents from one country to another;

Amendment 229 #

Motion for a resolution
Paragraph 4

4. Calls for the implementation by Member States of electronic systems for the registration of the prior declaration of posting missions; recommends, in that connection, appropriate training to create an effective system and avoid further burdensome red tape;

Amendment 23 #

Motion for a resolution
Citation 11 a (new)

- having regard to the common statement of the Commission and Member States (10048/96 ADD 1) which defines clearly that international passenger or freight transport by rail, road, air and water does not fall under posting,

Amendment 230 #

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on Member States to guarantee the interoperability of systems and direct access to said systems;

Amendment 231 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Stresses the need for urgent extension of the joint and several liability of the construction sector in Directive 2014/67/EU to all economic sectors, and at least to the agricultural, food processing, transport, care and domestic services sectors, for a comprehensive approach against social dumping,

Amendment 232 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Calls on the European Commission to launch a new report on progress made by Member States in making the necessary improvements to their national tax administrations and systems for the purposes of tackling tax fraud, as was proposed in the Commission Communication "An Action Plan to strengthen the fight against tax fraud and tax evasion1 a, __________________ 1a COM (2012)0722 final

Amendment 233 #

Tom VANDENKENDELAERE, Jeroen LENAERS

Motion for a resolution
Paragraph 4 b (new)

4 b. Calls on the ad hoc administrative working group on the A1 form to step up their efforts by improving possibilities for enforcement through inserting prior declaration of posting to the A1 form and to introduce the possibility for oversight by collecting the A1 forms in one digital system,

Amendment 234 #

Motion for a resolution
Paragraph 5

~~5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workers;~~deleted

Amendment 235 #

Mara BIZZOTTO

Motion for a resolution
Paragraph 5

5. Calls on the ~~Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workers~~Member States to take action to combat the illegal and unfair practices that mark the employment sector and domestic work; urges the Member States to draw up proposals that, in line with ILO Convention No. 189 concerning decent work for domestic workers, make it possible to combat undeclared work and expose these contracts, by encouraging families into regular employment and making employers’ contributions tax- deductible;

Amendment 236 #

Danuta JAZŁOWIECKA, Heinz K. BECKER, Claude ROLIN, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Paragraph 5

5. Calls on the ~~Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic work~~Member States to establish legal frameworks allowing for lawful employment of domestic workers and carers, in order to provide legal certainty for both the workers and their potential employers;

Amendment 237 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT

Motion for a resolution
Paragraph 5

5. ~~Calls on the Commission to submit a proposal for a directive based~~ Notes the Council decision authorising Member States to ratify, for the parts falling within the competence of the EU, International Labour Organisation (ILO) Convention ~~No.~~ 189 con~~cerning~~ decent work for domestic workers; Stresses that the EU cannot itself ratify any ILO Convention, as this is the preserve of individual Member States;

Amendment 238 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 5

5. ~~Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workers~~Notes the Council of Ministers Decision authorising the EU Member States to ratify ILO Domestic Workers Convention No. 189 and calls on the Member States follow the decision;

Amendment 239 #

Thomas MANN

Motion for a resolution
Paragraph 5

5. Calls on the ~~Commission to submit a proposal for a directive based~~ Member States to ratify the International Labour Organisation (ILO) Convention No 189 of 2011 concerning decent work for domestic workers and to ensure fair and decent working conditions for domestic workers; abuse and violence must be prevented; calls on the Commission to investigate the situation of domestic workers in the EU;

Amendment 24 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Citation 11 b (new)

- having regard to the Commission's Better Regulation Agenda: Enhancing transparency and scrutiny for better EU law-making1a __________________ 1ahttp://europa.eu/rapid/press-release_IP- 15-4988_en.htm

Amendment 240 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission ~~to submit a proposal for a directive based o~~and the Member States to enforce the working conditions laid down in ILO Convention No. 189 concerning decent work for domestic workers, and to ensure that inspections are properly conducted so that possible breaches of the rules or abuses are identified;

Amendment 241 #

Motion for a resolution
Paragraph 5

5. Calls on ~~the Commission to submit a proposal for a directive based on~~all the Member States to ratify ILO Convention No. 189 on decent work for domestic workers;

Amendment 242 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to ~~submit a proposal for a directive based on ILO Convention No 189 concerning decent work for domestic workers~~monitor the working conditions of domestic workers and, if necessary, submit proposals for improvement;

Amendment 243 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to ~~submit a proposal for a directive~~help Member States to improve their activities based on ILO Convention No. 189 concerning decent work for domestic workers in accordance with the current Treaties (Article 153 (1) TFEU in particular);

Amendment 244 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workers; urges, in that connection, that this directive should provide for appropriate training and information on the rights and obligations of this category of workers;

Amendment 245 #

Renate WEBER

Motion for a resolution
Paragraph 6

Amendment 246 #

Motion for a resolution
Paragraph 6

Amendment 247 #

Motion for a resolution
Paragraph 6

Amendment 248 #

Motion for a resolution
Paragraph 6

Amendment 249 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 6

6. ~~Takes the view that the competent authorities should be able to suspend the~~Highlights the importance of provisions of ~~services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contribution~~the Enforcement Directive 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines which will safeguard against unfair competition and help eliminate breaches of the legislation by employers;

Amendment 25 #

Motion for a resolution
Citation 12 a (new)

- having regard to the study carried out by the European Parliament (2015) 'EU Social and Labour Rights and EU Internal Market Law' (IP/A/EMPL/ST/2014-02),

Amendment 250 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to ~~suspend the provision of servic~~implement discouraging fines in cases of serious breaches of legislation on postings; ~~considers that the amount of the fines should exceed employees' contribution~~stresses the importance of provisions of the Enforcement Directive on Posting of workers 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines, guaranteeing the effective, proportionate and dissuasive character of the latters;

Amendment 251 #

Motion for a resolution
Paragraph 6

6. Takes the view that, if needed and justified, the competent authorities should be able to ~~suspend the provision of service~~impose proportionate and proper sanctions in cases of serious breaches of legislation on postings; ~~considers that the amount of the fines should exceed employees' contributions;~~

Amendment 252 #

Tom VANDENKENDELAERE, Tomáš ZDECHOVSKÝ, Jeroen LENAERS

Motion for a resolution
Paragraph 6

6. ~~Takes the view that the competen~~Considers that authorities should be able to ~~suspend~~interrupt the provision of services ~~in cases of serious~~should a serious and recurrent breaches of the legislation ~~on postings; considers that the amount of the fines should exceed employees' contributions~~relating to worker posting be determined or presumed, or such a breach of social and employment provision in the wider sense, as applicable on the territory of the Member State where the breach is (or is presumed to be) committed; considers, further, that the interruption of the provision of services must be coupled with a monetary penalty in an amount much higher than the cost of social charges paid, or to be paid, for the provision of the services in connection with which the breach occurred;

Amendment 253 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; ~~considers that the amount of the fines should exceed employees' contributions;~~

Amendment 254 #

Martina DLABAJOVÁ, Ulla TØRNÆS

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings~~; considers that the amount of the fines should exceed employees' contribution~~ that endangers the life or health of workers;

Amendment 255 #

Motion for a resolution
Paragraph 6

Amendment 256 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should ~~exceed~~be no less than double the employees' contributions; (The original wording of the article provides for penalties that are higher than employees'’ contributions;, without setting a minimum which, in principle, could also be a higher but nominal amount, and thus not constitute a deterrent for breaching the rules.)

Amendment 257 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation and collective agreements on postings; considers that the amount of the fines should exceed employees' contributions; and that it should be possible to exclude companies that repeatedly violate labour law, collective agreements and other working standards from public procurement procedures;

Amendment 258 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent national authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions;

Amendment 259 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; calls on the European Commission to develop guidelines under the form of a positive list, of what is considered as a "serious breach" of legislation on postings; considers that the amount of the fines should exceed employees' contributions;

Amendment 26 #

Motion for a resolution
Citation 12 b (new)

- having regard to the study carried out by the European Commission (2015) 'Wage setting systems and minimum rates of pay applicable to posted workers in accordance with Directive 96/71/EC in a selected number of Member States and sectors' (VC/2015/0334),

Amendment 260 #

Motion for a resolution
Paragraph 6

6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions; calls on the Commission to submit a proposal to harmonise the minimum penalties for social fraud in connection with the posting of workers, so that, on the basis of the penalties imposed, an EU- wide list can be drawn up of companies found guilty of breaching the law in this area; calls on the Commission to assess the scope for broadening the remit of the future European Public Prosecutor's Office to cover social fraud;

Amendment 261 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings that endangers the life or health of workers;

Amendment 262 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 6 a (new)

6 a. Stresses the importance of ensuring that such safeguards do not amount to barriers for genuine businesses and workers doing business in another Member State;

Amendment 263 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 7

Amendment 264 #

Motion for a resolution
Paragraph 7

Amendment 265 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the eventEven though requests related to information on postings are entered in a European electronic register if requested by Member States and A1 documents in practice are sent to receiving Member States automatically; withdrawing an administrative document issued by another MS on the grounds of "serious doubts ~~about whether a posting is genuine;~~" goes against basic principles such as legal certainty and security which is also confirmed by well-established case- law of the European Court of Justice of the European Union;1 a __________________ 1aHerbosch Kiere-case (C-2/05) of 26 January 2006

Amendment 266 #

Tom VANDENKENDELAERE, Ivo BELET, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 7

7. Requests th~~at information on postings should not be retroactive and should be entered in a European electronic register; stresses that the~~e Member States to exchange the information on postings immediately and without delay; calls on the Member States for the further implementation of the planned electronic data exchange initiatives which are based on mutual comope~~tent authoritie~~ration; calls ofn the ~~host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine~~Commission to send proposals to improve the efficiency of the A1 form;

Amendment 267 #

Motion for a resolution
Paragraph 7

7. Requests th~~at information on postings should not be retroactive and should be entered in a European electronic register~~e Member States to exchange the information on postings immediately and without delay; calls the Member States for the further implementation of the planned electronic data exchange initiatives which are based on mutual cooperation ; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine;

Amendment 268 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuineCalls on Member States to exchange information in a timely and efficient manner especially in cases where competent authorities of the host Member State may have serious doubts about whether a posting is genuine and about the reliability of A1 forms provided; stresses that the improved access to information for workers, employers and labour inspectors such as single national website is a key tool in the fight against abuses of rules;

Amendment 269 #

Motion for a resolution
Paragraph 7

7. ~~Requests that~~Calls for information on postings ~~should not be retroactive and should~~to be entered in a ~~Europea~~n electronic register; ~~stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious~~calls for an effective mechanism to be developed for checking posting certificates in order to effectively eliminate doubts about whether a posting is genuine;

Amendment 27 #

Motion for a resolution
Citation 12 c (new)

- having regard to the study carried out by the University Ghent and financed by the European Commission (2015) 'Atypical Forms of Employment in the Aviation Sector' (VS/2013/0346),

Amendment 270 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings ~~should not be retroactive and~~must be supplied to the host Member State a reasonable time in advance of the performance of any services on the territory of said Member State; considers, further, that this information should be ~~entered~~kept in a European electronic register~~; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine~~, and regularly updated throughout the duration of the posting; finally, emphasises that in the event of serious doubt as to the validity of the posting, the competent authorities of the host Member State should be able to re-classify the status of the posted worker (and thus disregard form A1);

Amendment 271 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should ~~not be retroactive and should~~ be entered in a European electronic register; ~~stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine;~~

Amendment 272 #

Motion for a resolution
Paragraph 7

Amendment 273 #

Marian HARKIN

Motion for a resolution
Paragraph 7

7. Requests that in~~formation on postings should not be retroa~~ case of posting, data and information should be made available before the posting starts effectively and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine;

Amendment 274 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should ~~not be retroactive~~be up-to-date and correct and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; ;

Amendment 275 #

Marita ULVSKOG, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 7

7. ~~Requests that information on postings should not be~~Calls for an assessment of the opportunities and risks which would arise if information on postings were not to be submitted retroactively and ~~that it is~~if it were to be entered in an electronic register; stresses that care should be taken to check that the competent authorities of the host Member State shwould be able to revise form A1 in the event of serious doubts about whether a posting is genuine;

Amendment 276 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; considers furthermore that the country of posting must be the country where the workers normally perform their work;

Amendment 277 #

Motion for a resolution
Paragraph 7

7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State, in cooperation with those of the sending State, should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; calls on the Commission and the Member States to take all the measures required to ensure that the European Electronic Signature Standardisation Initiative (EESSI) is fully operational and used by all Member States;

Amendment 278 #

Motion for a resolution
Paragraph 7 a (new)

7a. Emphasises that the failure on the part of companies and foreign posted workers to pay contributions damages pension schemes in the host country and that country’s own companies, which not only lose market share, but also have to cover the social cost of foreign competitors’ failure to pay contributions;

Amendment 279 #

Motion for a resolution
Paragraph 8

Amendment 28 #

Motion for a resolution
Recital -A (new)

-A. Whereas the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty on the Functioning of the European Union (TFEU),

Amendment 280 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 8

Amendment 281 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of ~~'a forgery-proof~~an European social ~~security card (...)~~network managed by the European Union on which could be stored all ~~the~~ data needed to verify the bearer’'s employment relationship~~'11 ; wishes all the information associated with the worker's postings to feature on this card~~; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 282 #

Motion for a resolution
Paragraph 8

8. ~~Recalls its appeal for the creation~~Welcomes looking into the efficiency of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’'s employment relationship~~'11 ; wishes all~~ as well as storing the information associated with the worker's postings ~~to feature on this card~~; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 283 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 8

8. ~~Recalls its appeal for the creation of ‘~~Calls on the Member States to improve considerably information exchange concerning social security for posted workers; recalls its appeal to the Commission to ‘look into the opportunity, and, if necessary, to provide a forgery- proof European social security card (...), on which could be stored all the data needed to verify the bearer’s employment relationship’1~~; wishes all~~ and which could take into account the information associated with the ~~worker's postings to feature on this card~~posting missions of the worker; __________________ 1 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR

Amendment 284 #

Motion for a resolution
Paragraph 8

8. ~~Recalls its appeal for~~Invites the Commission to consider evaluating the feasibility of the creation of 'a forgery-proof European social security card ~~(...)~~or other EU-wide electronic document on which could be stored all the data needed to verify the bearer’'s social security status based on an employment relationship'11 [1]; wishes all the necessary information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 285 #

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’'s employment relationship'~~11 ; wishes~~ including all the information associated with the worker's postings ~~to feature on this card~~; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 286 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes ~~all the~~that information on the social protection issues associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 287 #

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes all the information associated with the worker's postings to feature on this card; underlines however that this provision must not restrict or undermine in any way the right of the host countries' authorities and social partners to review and to carry out controls and verifications on the data content of such a card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 288 #

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'1; wishes all the information associated with the worker's postings to feature on this card, and for the protection of this personal data to be guaranteed; __________________ 1 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR

Amendment 289 #

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of '‘a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'1’1, for example concerning social security and working hours, in strict compliance with data protection rules, in particular where sensitive personal data are processed; wishes all the information associated with the worker'’s postings to feature on th~~is card;~~ e card, also in order to protect his or her rights and guarantee social protection and the provision of working conditions as stipulated, while facilitating checking by the competent authorities; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR

Amendment 29 #

Motion for a resolution
Recital -A a (new)

-Aa. Whereas, the case-law of the Court of Justice of the European Union has established that the freedom to provide services implies, in particular, the abolition of any discrimination against a service provider on account of its nationality or the fact that it is established in a Member State other than the one in which the service is provided,

Amendment 290 #

Motion for a resolution
Paragraph 8

8. ~~Recalls its appeal for~~Stresses that in order to improve enforcement of existing legislation the creation of 'a forgery-proof European social security card (...) is necessary on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes all the information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN

Amendment 291 #

Motion for a resolution
Paragraph 8

8. REmphasises the need to certify data concerning the payment of social security contributions in the Member State of origin; in that connection, recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11; wishes all the information associated with the worker's postings to feature on this card; in the meantime, calls on the Commission to immediately harmonise Form A1; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR

Amendment 292 #

Motion for a resolution
Paragraph 8

8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11; wishes all the information associated with the worker's postings to feature on this card; calls, further, for all the information and data to be processed in the interests of the workers and in a manner consistent with their right to privacy; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR

Amendment 293 #

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 294 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 295 #

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 296 #

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 297 #

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 298 #

Motion for a resolution
Paragraph 9

~~9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;~~deleted

Amendment 299 #

Motion for a resolution
Paragraph 9

9. CRecalls ~~for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation~~that attention should be drawn to serious breaches of EU and national legislation relating to posting of workers;

Amendment 3 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT

Motion for a resolution
Citation 1 a (new)

- having regard to the fundamental freedom of movement of workers (Article 45 TFEU) and the free movement of services (Article 56 TFEU),

Amendment 30 #

Motion for a resolution
Recital A

A. ~~having regard to the increased trend towards~~whereas the nature and scale of undeclared work, and bogus self- employment~~, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection~~ varies significantly between Member States,

Amendment 300 #

Tom VANDENKENDELAERE, Ivo BELET, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 9

9. Calls for a ~~public~~n EU-wide list to be drawn up of enterprises responsible for serious breaches of EU legislation which can be consulted by the relevant inspections authorities;

Amendment 301 #

Motion for a resolution
Paragraph 9

9. Calls for a ~~public~~ list to be drawn up and published of enterprises responsible for serious breaches of EU legislation, and of enterprises within which at least one worker has been the subject of a social and/or labour inspection which led to a breach of EU legislation being established; proposes, however, that enterprises which meet certain conditions to be determined should be able to have their name removed from the list;

Amendment 302 #

Motion for a resolution
Paragraph 9

9. Calls for a public list ~~to be drawn up~~ of enterprises responsible for serious breaches of EU legislation to be drawn up, after they have received a prior warning;

Amendment 303 #

Motion for a resolution
Paragraph 9

9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation; related to employment, such as undeclared work;

Amendment 304 #

Motion for a resolution
Paragraph 9

9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation;, and of members of the board of directors, members of the board of statutory auditors, associated companies and their commercial partners; (The enterprise list alone is not an adequate instrument, given that companies can easily be dissolved and replaced with another company.)

Amendment 305 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 9

9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation, and for these enterprises to be denied access to public contracts, public subsidies and EU funds for a statutory period;

Amendment 306 #

Motion for a resolution
Paragraph 9 a (new)

9a. Calls for the main contractor to be held fully liable in the event of social fraud in the organisation, at all levels;

Amendment 307 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Invite the Commission to promote an European social labelling system for services providers;

Amendment 308 #

Motion for a resolution
Paragraph 9 a (new)

9 a. notes that introducing a principle of "equal pay for equal work at the same place" would constitute a serious barrier to the free movement of services; such principle has no legal basis and does not comply with TFEU, it is legally and practically unattainable,

Amendment 309 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 9 a (new)

9 a. Highlights that the freedom to provide services is central to the proper functioning of the single market; recognises at the same time that safeguards against unfair competition and protections for vulnerable workers are necessary and support the functioning of the single market; stresses however, that such safeguards must be proportionate and respect the principle of subsidiarity;

Amendment 31 #

Danuta JAZŁOWIECKA, Heinz K. BECKER, Claude ROLIN, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Recital A

A. having regard t~~o the increased trend towards undeclared work, bogus self- employment, outsourcing and sub~~he need to fight against undeclared work at all its forms in many sectors such as constraucti~~ng, leading to an increase in precarious jobs and deteriorating levels of worker protection~~on, industry and agriculture,

Amendment 310 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Stresses the need to complement the action against the breaches of social rights with a fight against tax fraud and tax evasion, in order to guarantee a fair competition and a level playing field for the enterprises;

Amendment 311 #

Tom VANDENKENDELAERE, Georges BACH, Claude ROLIN, Ivo BELET, Jeroen LENAERS

Motion for a resolution
Paragraph 9 a (new)

9 a. Calls on the Member States for the efficient implementation and enforcement of Directive 96/71/EC and Directive 2014/67/EU, in order to ensure a fair treatment of posted workers and prevent abuses; stresses, however, the need for a continuing and detailed assessment of the effectiveness of the legal framework for the posting of workers;

Amendment 312 #

Motion for a resolution
Paragraph 9 a (new)

9a. Calls on Member States to combat social dumping by imposing penalties that are not less than double the profit made from breaching European Union legislation, for which the company guilty of the breaches, the members of its board of directors, the members of its board of statutory auditors, and its associated companies should jointly and severally liable; (Deterrent and punitive penalties should be significant and, not just the company, but also those responsible for their administration, including de facto, and supervision should be jointly and severally liable.)

Amendment 313 #

Tom VANDENKENDELAERE, Thomas MANN, Georges BACH, Claude ROLIN, Ivo BELET, Tomáš ZDECHOVSKÝ, Jeroen LENAERS

Motion for a resolution
Paragraph 9 b (new)

9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;

Amendment 314 #

Motion for a resolution
Paragraph 9 b (new)

9 b. Calls for reasoned procedures, efficient and safe, and non-carriers of unnecessary administrative burdens.

Amendment 315 #

Motion for a resolution
Subheading II

~~II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'~~deleted

Amendment 316 #

Motion for a resolution
Subheading II

~~II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'~~deleted

Amendment 317 #

Motion for a resolution
Subheading II

II. ~~Addressing regulatory gaps in order to implement~~Improving the fight against the fraud in posting and in particular addressing the principle of 'equal ~~pay and equal social protection for the same work'~~treatment

Amendment 318 #

Motion for a resolution
Subheading II

II. Addressing ~~regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'~~the implementation of the posting of workers in the EU

Amendment 319 #

Motion for a resolution
Subheading II

II. Addressing regulatory gaps ~~in order to implement the principle of 'equal pay and equal social protection for the same work'~~

Amendment 32 #

Motion for a resolution
Recital A

A. ~~having regard to the increased trend toward~~whereas undeclared work, and bogus self- employment~~, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels~~ lead to distortions of competition which result in long-term damage to social insurance systems and to the erosion of worker protection;

Amendment 320 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Subheading II

II. Addressing regulatory gaps ~~in order to implement the principle of 'equal pay and equal social protection for the same work'~~and improving enforcement and coordination between Member States

Amendment 321 #

Motion for a resolution
Subheading II

II. Addressing regulatory gaps in order to ~~implement the principle of 'equal pay and equal social protection for the same work'~~enforce national and European labour and social law

Amendment 322 #

Motion for a resolution
Subheading II

II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work' and to prevent exploitation of mobile workers

Amendment 323 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 10

10. Calls on the Commission to ~~combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on E~~effectively monitor the on-going imployement ~~and Social Affairs of the proposal for a directive on single-person limited liability compani~~ation of Directive 2014/67 EU by the Member States;

Amendment 324 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission ~~to combat the phenomen~~, before considering legislation ofn letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability, the scale of practice of this kind of companies and its actual impact on the road transport and labour markets must be identified and determined in order to effectively tackle the problem as well as to combat the phenomenon of letterbox companies which were exclusively established for the purpose of tax evasion. In relation to this, on using hired vehicles in the framework of the current provisions of Directive 2006/1/EC, simplification of the existing rules should not exclude normal residence as a criterion for registration of a hired vehicle. Keeping of the place of residence criterion is a prerequisite to combat the phenomenon of letterbox companies;.

Amendment 325 #

Motion for a resolution
Paragraph 10

10. ~~calls on the Commission to combat the~~Expresses its concern at the increasing phenomenon of letterbox companies ~~by applying mor~~, which enable some genter~~ally the principle that each company should have a single corporate headquarters; re~~prises to minimise or even avoid their responsibilities as regards labour law, social security contributions and tax; calls on the ~~rejection by the Committee on Employment and Social Affair~~Commission, therefore, to combat the phenomenon of letterbox companies by setting strict conditions, such as a requirement to conduct a minimum volume of activities ofn the ~~proposal for a directive on single-person limited liability companies;~~ territory of a given Member State inorder to be recognised as being established there; also encourages Member States to foster initiatives by the social partners and social and labour institutions designed to step up checks designed to prevent all these abuses of the rules;

Amendment 326 #

Motion for a resolution
Paragraph 10

10. Ccalls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liabilityand the Member States to intensify their efforts to combat letterbox companies;

Amendment 327 #

Motion for a resolution
Paragraph 10

10. CRecalls on the ~~Commission to combat~~objectives of Directive 2014/67/EU in fighting the phenomenon of letterbox companies by, calls on applying more generally the principle that each company should ~~have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies~~be able to exercise the fundamental freedom to establish itself and provide services across the EU;

Amendment 328 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to combat the phenomenon of letterbox companies ~~by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs~~and all forms of abuses in order to ensure a climate of fair competition on the single market. This would also be essential in case of the adoption of the proposal for a dDirective on single-~~person~~member private limited liability companies, that would facilitate cross-border business and allow SMEs to take full advantage of the opportunities of the single market;

Amendment 329 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to c~~ombat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarter~~arefully monitor the implementation of the Enforcement Directive on the posting of workers in terms of its effectiveness in combating the phenomenon of letterbox companies; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies as some of the provisions suggested could facilitate creation of this kind of entities;

Amendment 33 #

Motion for a resolution
Recital A

A. ~~hav~~whereas there is no data ing re~~gard~~lation to the allegedly increased trend towards, by the way, illegal undeclared work, bogus self- employment, outsourcing and subcontracting, ~~lead~~claiming to an increase in precarious jobs and deteriorating levels of worker protection, the Commission cannot neglect the obligation to apply clear definitions and to provide relevant data and proof,

Amendment 330 #

Tom VANDENKENDELAERE, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 10

10. Calls on the Commission and the Member States to combat the phenomenon of letterbox companies by, a~~pplying more generally the principle that each company should have a single corporate headquarters~~mong other things, making a clear distinction between the right of establishment and the freedom to provide services, so that activities of an enterprise in another Member State in which it is not established are clearly seen as temporary in nature; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 331 #

Motion for a resolution
Paragraph 10

Amendment 332 #

Motion for a resolution
Paragraph 10

Amendment 333 #

Motion for a resolution
Paragraph 10

10. calls on the Commission to combat the phenomenon of letterbox companies ~~by applying more generally the principle that each company should have a single corporate headquarters~~; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 334 #

Marian HARKIN, Renate WEBER

Motion for a resolution
Paragraph 10

10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that ~~each company should have a single corporate headquarter~~in cases of free provision of services with temporary posted workers, each company involved should perform a 'genuine 'activity', and therefore be genuine undertakings; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 335 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that ~~each company should have a single corporate headquarter~~, in cases of free provision of services with temporary posted workers, each company involved should perform a genuine 'activity' and therefore be genuine undertakings; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 336 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 10

10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the importance of enterprises having a ‘genuine activity’ in their Member State of origin as a justification for the posting or workers; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 337 #

Siôn SIMON

Motion for a resolution
Paragraph 10

10. Calls on the Commission to co~~mbat~~ntinue combatting the phenomenon of letterbox companies by monitoring and re- evaluating progress made through new enforcement tools as those being developed in the framework of the Posting of Workers Enforcement Directive (2014/67/EU) and in the Platform for undeclared work and by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 338 #

Jérôme LAVRILLEUX, Anne SANDER

Motion for a resolution
Paragraph 10

10. calls on the Commission to combat the phenomenon of letterbox companies ~~by applying more generally the principle that each company should have a single corporate headquarter~~, whose social and economic activities are bogus, which constitute a breach of their obligations under agreements and the law, and which result in the loss of billions of euros in tax revenue, by generalising the principle of a single headquarters for businesses; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 339 #

Motion for a resolution
Paragraph 10

10. calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; calls for consideration to be given to urgent measures to suspend a company’s operations in order to prevent fraudulent petitions for bankruptcy; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 34 #

Danuta JAZŁOWIECKA, Georges BACH, Claude ROLIN, Heinz K. BECKER, Eduard KUKAN

Motion for a resolution
Recital A

A. having regard to the ~~increased trend towards~~existing phenomena of undeclared work, and bogus self- employment~~, outsourcing and subcontracting,~~ which lead~~ing~~ to an increase in precarious jobs and deteriorat~~ing~~e levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;

Amendment 340 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Emilian PAVEL, Agnes JONGERIUS, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Paragraph 10

10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; calls for the development of a transparent and accessible business register of all EU- companies and a mandatory use of the Electronic Exchange of Social Security Information ; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 341 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Morten MESSERSCHMIDT

Motion for a resolution
Paragraph 10 a (new)

10a. Recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;

Amendment 342 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Firmly believes that a revision of the posting of workers directive in advance of the transposition of Directive 2014/67/EU will not only create legal uncertainty for businesses but will also have a negative effective on growth and job creation;

Amendment 343 #

Emilian PAVEL, Guillaume BALAS

Motion for a resolution
Paragraph 10 a (new)

10 a. Calls for an effective enforcement of existing legislation, enhanced cross- border cooperation between relevant authorities, a renewed focus on administrative and stakeholder collaboration, and transparency, in order to tackle issues like undeclared work and bogus self-employment;

Amendment 344 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to establish a clear definition of the difference between employees and self-employed persons so that consistent action can be taken against bogus self-employment;

Amendment 345 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Notes that the European Court of Human Rights has ruled in the Demir and Baykara and in the Enerji Yapi-Yol Sen cases, that the exercise of the right to form and join trade unions in accordance with Article 11 on the European Convention on Human Rights, is inextricably linked to the right to collective bargaining and the right to strike; regrets in this regard the current jurisprudence of the European Court of Justice in the cases of Viking and others, where the Court has rigorously limited the right to collective action in case of conflict with the economic freedoms of the internal market, and obliged trade unions to justify the proportionality of their collective action; considers that this will dissuade trade unions from using their right to collective action, also in order to initiate collective bargaining, and thus ultimately hinder the exercise of the fundamental right of freedom of association; considers therefore that the European Court of Justice must adapt its case law relating to the right to take collective action in order to bring it in line with essential human rights requirements;

Amendment 346 #

Motion for a resolution
Paragraph 11

Amendment 347 #

Motion for a resolution
Paragraph 11

Amendment 348 #

Motion for a resolution
Paragraph 11

Amendment 349 #

Motion for a resolution
Paragraph 11

Amendment 35 #

Motion for a resolution
Recital A

A. having regard to the ~~increased trend towards~~existence of undeclared work~~, bogus~~ and false self- employment, ~~outsourcing and subcontracting,~~ leading to ~~an in~~decrease ~~in precarious jobs and deteriorating~~d levels of worker protection,;

Amendment 350 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 11

Amendment 351 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEUthere is need to distinguish between the posting of workers in the context of the provision of services, in accordance with Directive 96/71/EC, and the freedom of movement of workers;

Amendment 352 #

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC refers ~~only~~ to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; ~~believes that its legal basis must be complemented by Articles 151 and 153 TFEU~~draws attention, further, to the importance of Articles 151 and 153 TFEU, which set the goals for the EU and its Member States concerning the promotion of employment, the improvement of living and working conditions, adequate social protection, the promotion of social dialogue and the fight against exclusion;

Amendment 353 #

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC refers ~~only~~ to Articles 57 and 66 TFEU ~~relating to~~because it regulates the freedom to provide services ~~and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEU~~on the internal market;

Amendment 354 #

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC ~~refers only to~~have as a basis Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; ~~believes that its legal basis must be complemented by Articles 151 and 153 TFEU;~~

Amendment 355 #

Tom VANDENKENDELAERE, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; ~~believes that its legal basis must be complemented by Articles 151 and 153 TFEU;~~

Amendment 356 #

Motion for a resolution
Paragraph 11

Amendment 357 #

Marita ULVSKOG, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 11

11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that the main aim of this Directive is to protect workers and considers therefore that its legal basis must be complemented by Articles 151 and 153 TFEU;

Amendment 358 #

Motion for a resolution
Paragraph 12

Amendment 359 #

Tom VANDENKENDELAERE, Ivo BELET, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 12

Amendment 36 #

Motion for a resolution
Recital A

A. having regard to the ~~increased trend towards~~need to combat undeclared work, bogus self- employment~~, outsourcing and subcontracting,~~ and all other forms of social fraud leading to an increase in precarious jobs and deteriorating levels of worker protection,;

Amendment 360 #

Motion for a resolution
Paragraph 12

Amendment 361 #

Motion for a resolution
Paragraph 12

Amendment 362 #

Motion for a resolution
Paragraph 12

Amendment 363 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneratRegulations (EC) No 883/2004 and (EC) No 987/2009 need to be analysed in order to know how to improve them in terms of understanding and clarification of their provision;s.

Amendment 364 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 12

12. Considers that the ~~notion~~setting of 'minimum wages' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by this a Member States competence; stresses that introducing the notion of equal pay for equal work in the same place at EU level will have significant unintended consequences and undermine Mem~~ployer; recalls that specific postings bonuses should be paid on top of remuneration~~ber States economic and social models;

Amendment 365 #

Motion for a resolution
Paragraph 12

12. ~~Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and loc~~Emphasises that Directive 96/71/EC has its legal basis in the internal womarke~~rs in similar positions; stress~~t rule and that it thus regulates the nfreedom to ~~respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earn~~provide services; considers, therefore, that the country-of-origin principle should be retained in order to avoid reverse discrimination and discrimination within the workforce of the postings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific posting bonuses should be paid on top of remunerationmpany; states that a switch to the country-of-destination principle (“same pay in the same job in the same place”) represents an infringement of the national wage setting system and thus also of the principle of free collective bargaining and that the EU has no powers to take such a measure;

Amendment 366 #

Motion for a resolution
Paragraph 12

12. ~~Consider~~Recalls that the ~~notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions~~Directive 96/71/EC on the posting of workers contains a very important safeguard clause which obliges employers to apply minimum terms and conditions of employment applicable in the receiving country unless they are less favourable to posted workers; notes that this safeguard clause guarantees fair competition; calls on all posting companies to fully apply this principle, on Member States to control its application and on the European Commission to control its enforcement; stresses the need to respect the universally applicable collective agreements of the host country and t~~o ensure, through the revision of~~he Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; notes the recent ECJ ruling C-396/13 Sähköalojen ammattiliitto ry v Elektrobudowa Spółka Akcyjna clarifying the concept of 'minimum rates of pay' for posted workers;

Amendment 367 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding toEmphasises the safeguard clause laid down in Directive 96/71/EC according to which Member States must ensure that a posted worker is guaranteed the minimum working and employment conditions provided for in the rMemuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific posting bonuses should be paid on top of remunerationber State on whose territory the work will be performed;

Amendment 368 #

Motion for a resolution
Paragraph 12

12. Considers that the ~~notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collectiv~~respect for minimum rates of pay as established in Directive 96/71/EC is paramount, and that this would be agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remunerationatly facilitated by more accessible information to service providers and posted workers on the terms and conditions of employment from host Member States;

Amendment 369 #

Motion for a resolution
Paragraph 12

12. ~~Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; s~~Stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;

Amendment 37 #

Motion for a resolution
Recital A

A. ~~having regard to the increased trend toward~~whereas undeclared work, or bogus self- employment~~, outsourcing and subcontracting,~~ lead~~ing~~ to an increase in precarious jobs and deteriorating levels of worker protection,;

Amendment 370 #

Tom VANDENKENDELAERE, Georges BACH, Ivo BELET, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC ~~should be revised to ensure equal pay for posted workers and local workers in similar positions~~is fundamental; stresses the ~~need~~importance to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;

Amendment 371 #

Motion for a resolution
Paragraph 12

12. Considers that the nodefinition of ~~'minimum wage'~~the terms and conditions of employment contained in Directive 96/71/EC should be ~~revis~~clarified to ensure equal pay for posted workers and local workers in similar positions ; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;

Amendment 372 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonusesclarified; stresses the need to respect the collective agreements of the host country; recalls that sums to cover expenses relating to posting, such as board and lodging, should be paid on top of remuneration;

Amendment 373 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 12

12. Considers that ~~the notion of 'minimum wage' contained in~~ Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;

Amendment 374 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal ~~pay~~remuneration for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment ~~of gross earnings corresponding to the remuneration paid by the employer before the~~to the posted worker of gross earnings before tax but subject to deduction of t~~axes and~~he social security contributions ~~payable by employees and withheld by the employer; recalls that specific postings bonuses should be p~~calculated in accordance with the rate applied in the territory of the host Member State and which are still withheld at source by the employer, who then pays them into the social security fund of the host Member State; the latter , after checking that the posting is valid, shall transfer said con ~~top of remuneration~~tributions to the social security fund of the Member State of origin of the posted worker;

Amendment 375 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be ~~revised to ensur~~supplemented to promote equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;

Amendment 376 #

Motion for a resolution
Paragraph 12

Amendment 377 #

Guillaume BALAS, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; considers that the wage of the posted worker should be at least aligned to the gross wage applied in the host Member State; the posting company could then transfer the due social contributions to the competent authority of the home Member State of the posted worker and the outstanding amount could be paid as a an additional complement to him;

Amendment 378 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; considers that the wage of the posted worker should be at least aligned to the gross wage applied in the host Member State; the posting company should transfer the difference in social contributions to the competent authority of the home Member State of the worker so the outstanding amount will be used to provide additional social security benefits;

Amendment 379 #

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No. 883/2004 and (EC) No. 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; stresses that the notion of ‘minimum wage’, like that of equal pay for posted workers and local workers in similar positions, are conditions that can be guaranteed by applying homogeneous economic and tax rules, which are the primary condition for fighting unfair competition and therefore social dumping;

Amendment 38 #

Danuta JAZŁOWIECKA, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Recital A

A. having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in ~~precarious jobs and deteriorating levels of worker protection;~~ atypical and flexible working relationships, deteriorating levels of worker protection and distortions of competition as a result of unfair competition;

Amendment 380 #

Csaba MOLNÁR

Motion for a resolution
Paragraph 12

12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; notes that the application of automatic stabilisers, which could efficiently compensate the impact of recessions in the individual countries to varying degrees, has been raised several times; European unemployment benefit could be one such stabiliser;

Amendment 381 #

Motion for a resolution
Paragraph 12 a (new)

12a. Notes the intention of the European Commission to publish the Labour Mobility Package which will allegedly contain certain provisions with regards to posting of workers; calls on the European Commission to make sure new proposals continue to facilitate the freedom to provide services, while protecting workers' rights and are clear, proportionate, non- discriminatory and justified;

Amendment 382 #

Martina DLABAJOVÁ, Marian HARKIN, Renate WEBER

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the Commission to monitor the progress on the on-going implementation of the Enforcement Directive and to facilitate and assist Member States´ authorities with its implementation;

Amendment 383 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses the need for more clarification on the terms and conditions of employment and especially the making up of the minimum rates of pay within Directive 96/71/EC;

Amendment 384 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the Commission and the Member States to introduce legislation for compulsory and automatic inclusion of posted workers in the relevant collective agreements at their place of work; where no local collective agreement exist, posted workers shall covered by the relevant sectorial collective agreement or law of the country they work in;

Amendment 385 #

Motion for a resolution
Paragraph 12 a (new)

12 a. Calls on the Commission and the Member States to reflect, in the Administrative Commission for the Coordination of Social Security Systems, on allowing Member States to repay to another Member State contributions unduly withheld and to collect the original contributions in another Member State when that Member State allows them to do so;

Amendment 386 #

Motion for a resolution
Paragraph 12 a (new)

12a. Is concerned about improper use of outsourcing by principals to evade their legal and financial obligations, with the sole aim of reducing labour costs; stresses the growing number of cases of social security fraud in long and complicated outsourcing chains; asks the Commission to propose a suitable legislative vehicle to address the cross-border dimensions of outsourcing, such as the risks of human rights violations, corruption, serious physical injury or environmental damage, and breaches of ILO conventions; proposes, to that end, a mechanism extending a principal’s joint and several liability in all economic sectors to the whole outsourcing chain, including its own subsidiaries;

Amendment 387 #

Motion for a resolution
Paragraph 12 b (new)

12b. Stresses the need for proof of a significant employment relationship before posting, in order to prevent social security abuse and the undermining of a level playing field for companies,

Amendment 388 #

Motion for a resolution
Paragraph 12 c (new)

12c. Stresses the need to include sector specific and company level collective agreements in Directive 96/71/EC in order to establish a level playing field for workers based on equal pay for equal work at the same workplace,

Amendment 389 #

Motion for a resolution
Paragraph 13

~~13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;~~deleted

Amendment 39 #

Motion for a resolution
Recital A

A. having regard to the increased trend towards undeclared work, bogus self- employment, ~~outsourcing and subcontracting,~~ leading to an increase in precarious jobs and deteriorating levels of worker protection,

Amendment 390 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 13

~~13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;~~deleted

Amendment 391 #

Motion for a resolution
Paragraph 13

~~13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;~~deleted

Amendment 392 #

Motion for a resolution
Paragraph 13

~~13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;~~deleted

Amendment 393 #

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive~~Stresses the need to take a nuanced view of the temporary employment industry and its collective agreements in particular; the Commission and Member States should support all forms of temporary employment, particularly those which act as a bridge to permanent employment ;

Amendment 394 #

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive~~Calls for better cooperation between competent authorities in each Member State involved in case of posting situations, as exchanges of information are essential to fight against posting frauds;

Amendment 395 #

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;~~Calls for a more clear definition of the notion of posted worker, especially in what regards the temporary nature of the work carried out.

Amendment 396 #

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive~~Calls for a clear definition of the duration of posting in Directive 96/71/EC;

Amendment 397 #

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive~~Calls on Member States to recognize and apply in practice that Directive 96/71/EC provides that postings are "temporary", and there is a strong limitation, which is the validity of the A1 form, issued for a maximum of 2 years. This is already a form of limitation, because after this time the employee needs to return to the country of origin, or his/her employer needs to start paying social insurance contributions in the host country. Currently temporary agencies are included in the scope of posting. In addition, temporary agencies, if they want to apply for A1 forms for their employees, have to meet very strict requirements as well (substantial activity etc.);

Amendment 398 #

Motion for a resolution
Paragraph 13

13. ~~Wishes~~Stresses that periods of posting~~s to~~ should be limited ~~in Directive 96/71/EC and~~to a maximum of one year within the framework of Directive 96/71/EC , in order to prevent uprooted workers and families travelling from one work place to another and in order to prevent labour market distortion in sectors such as construction in which work is per definition temporary; considers that temporary employment agencies toshould be excluded from the scope of the directive;

Amendment 399 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 13

13. ~~Wishes periods of post~~Calls on competent authorities in Member States to carefully control, accordings to ~~be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive~~existing rules, whether provision of services, making use of posted workers, is temporary; underlines importance of elements listed in article 4 of the Enforcement Directive in this respect;

Amendment 4 #

Motion for a resolution
Citation 1 a (new)

- having regard to the fundamental freedom to provide services laid down in Article 56 TFEU,

Amendment 40 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Recital A

A. whereas the increased trend towards undeclared work, and bogus self- employment, ~~outsourcing and subcontracting,~~ leading to an increase in precarious jobs and deteriorating levels of worker protection;

Amendment 400 #

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be limited in Directive 96/71/CE~~C and temporary employment agencies to be excluded from the scope of the directive~~;

Amendment 401 #

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be limited in Directive 96/71/CE~~C and temporary employment agencies to be excluded from the scope of the directive~~;

Amendment 402 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be limited in Directive 96/71/EC ~~and temporary employment agencies to be excluded from the scope of the directive~~;

Amendment 403 #

Motion for a resolution
Paragraph 13

13. Wishes maximum periods of postings to be ~~limited~~laid down in Directive 96/71/EC and t~~emporary employment agencies to be excluded from the scope of the directive~~he posting of workers in the country in which they reside to be forbidden;

Amendment 404 #

Motion for a resolution
Paragraph 13

13 Wishes periods of postings to be limited in Directive 96/71/EC ~~and temporary employment agencies to be excluded from the scope of the directive~~; considers that the social partners could determine the maximum limit on postings, in accordance with the special characteristics of each economic sector;

Amendment 405 #

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be ~~limit~~specified in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;

Amendment 406 #

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be further limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;

Amendment 407 #

Helga STEVENS

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be limited in Directive 96/71/EC without jeopardising the effectiveness of the freedom of services, and temporary employment agencies to be excluded from the scope of the directive;'

Amendment 408 #

Danuta JAZŁOWIECKA, Claude ROLIN, Heinz K. BECKER, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Paragraph 13

13. Wishes periods of postings to be limited in Directive 96/71/EC, consistent with Regulation (EC) No 883/2004, and temporary employment agencies to be excluded from the scope of the directive;

Amendment 409 #

Motion for a resolution
Paragraph 13 a (new)

13a. Notes that due to differences in Member States labour laws it is difficulty to make a clear distinction between employees and self- employed workers at EU level; thus in order to combat bogus self- employment calls on the Commission to propose specific recommendations based on indicators of the existence of an employment relationship according to the ILO Convention 198 on Employment Relationship Recommendation;

Amendment 41 #

Motion for a resolution
Recital A

A. having regard to the increased trend towards unregulated miration from low- wage countries, undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection,;

Amendment 410 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 13 a (new)

13a. Recalls the formal prohibition contained in Article 12 of Regulation (EC) No 883/2004 on using a posted worker to carry out tasks previously performed by another posted worker;

Amendment 411 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls for the setting up of a framework to prevent fundamental social rights being weakened and argues for the establishment of a social progress clause during the revision of the Posted Workers Directive;

Amendment 412 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls for an ex-post evaluation on the implementation of the Directive 96/71/EC and an ex-ante evaluation on the "Labour Mobility package";

Amendment 413 #

Motion for a resolution
Paragraph 13 a (new)

13a. Believes that the forthcoming Labour Mobility Package should not re-open the Posting of Workers Directive without thorough prior consultation with businesses and social partners;

Amendment 414 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on Member States to improve transnational and local cooperation between public institutions, trade unions and NGOs to address the often very complex problems of migrant worker and to take into account labour conditions as well as all other elements related to the quality of life including general health, social inclusion and accommodation;

Amendment 415 #

Martina DLABAJOVÁ, Renate WEBER

Motion for a resolution
Paragraph 13 b (new)

13b. Calls for the improvement of reception and accommodation services offered to migrant workers by local institutions, to also protect migrant workers from the control exercised by employers within their accommodation;

Amendment 416 #

Motion for a resolution
Paragraph 13 b (new)

13b. Is of the view that the principle "equal pay for equal work in the same place" is unrealistic in terms of its applicability in practice and could seriously impact labour mobility and free movement of services in the EU;

Amendment 417 #

Motion for a resolution
Paragraph 13 b (new)

13b. Notes that the isolated increment of sanctions is not enough and that it's necessary to develop accompanying policies ahead.

Amendment 418 #

Danuta JAZŁOWIECKA, Georges BACH, Claude ROLIN, Eduard KUKAN

Motion for a resolution
Paragraph 13 b (new)

13b. Recalls the spirit in which Directive 96/71/EC was drafted, namely with the aim of organising the temporary posting of workers from an enterprise with its registered office in one Member State to one of its places of business in the territory of another Member State, but also with the aim of organising the temporary posting of workers from one Member State active in a particular sector to another Member State, with a view to providing a specific service there in the same economic sector; regrets that the legislation on posting has, largely, been hijacked through the operations of employment agencies, raising serious concerns as to the social impact and market distortions associated with their activities throughout Europe; considers it necessary, therefore, to exclude temporary employment agencies from the scope of Directive 96/71/EC;

Amendment 419 #

Motion for a resolution
Paragraph 13 b (new)

13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;

Amendment 42 #

Motion for a resolution
Recital A

A. having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and workers exploitation as well as deteriorating levels of worker protection and job quality in general,

Amendment 420 #

Motion for a resolution
Paragraph 13 c (new)

13c. Calls on Member States to make it mandatory for employers to provide an employment contract in a language known by EU mobile citizens, in order to make the labour contract understandable for workers;

Amendment 421 #

Motion for a resolution
Paragraph 13 c (new)

13c. Calls on all Member States to secure equal treatment of EU migrant workers with regards to their terms and conditions of employment in the host Member State;

Amendment 422 #

Motion for a resolution
Paragraph 13 c (new)

13c. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat ‘bogus self- employment’;

Amendment 423 #

Motion for a resolution
Paragraph 13 d (new)

13d. Calls on Member States to guarantee mobile workers' real access to the host country's justice system, by supporting them in legal and practical terms, including through free legal advice and reimbursement of transport expenses;

Amendment 424 #

Motion for a resolution
Paragraph 13 d (new)

13d. Calls on the Member States to review their laws to rule out the use of precarious contracts known as ‘zero-hour contracts’ or, more specifically, in the field of aviation, as ‘pay-to-fly’ contracts with respect to posting; takes the view that precarious working conditions are an additional safety risk;

Amendment 425 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Andor DELI, Markus PIEPER, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Subheading 3

~~Mobile workers: Combating social dumping in the transport industry~~deleted

Amendment 426 #

Motion for a resolution
Subheading 3

~~Mobile workers: C~~deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 427 #

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ; __________________ 12 www.europarl.europa.eu/sides/getDoc.do ?type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7deleted

Amendment 428 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Andor DELI, Markus PIEPER, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 14

Amendment 429 #

Motion for a resolution
Paragraph 14

~~14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls for the introduction of aut~~deleted (the deletion is necessary since combatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (must) be equipped with a smart tachograph” 12; __________________ 12 www.europarl.europa.eu/sides/getDoc.do ?type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.ng social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 43 #

Csaba MOLNÁR

Motion for a resolution
Recital A

A. having regard to the free movement of workers as a basic principle laid down in Article 45 of the Treaty on the Functioning of the European Union, which may not be the subject of political compromise; having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection,

Amendment 430 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expproper and efficient, non- discriminatory enforcement of the existing legislation to ensure uniform interpretation, and incresased in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 controls on the implementation of working time and rest times in transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 431 #

Motion for a resolution
Paragraph 14

14. Calls for ~~increased~~more efficient controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 on a swift implementation of the Regulation No 165/2014 on the tachographs in the road transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 432 #

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in the transport sector; ~~calls fo~~urges the Commission to analyse whether the introduction of automatic digital records and ~~the development of '~~“smart tachographs'” for all means of transport, including inland waterway transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (mutransport makes sense; in doing so, it should also take account of the administrative burdens and costs for honest) b~~e equipped with a smart tachograph” 12~~usinesses; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.

Amendment 433 #

Motion for a resolution
Paragraph 14

14. Calls for increased ~~controls~~enforcement on the implementation of working time and rest times in transport ; ~~calls for the introduction~~encourages the continued monitoring of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ´; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 434 #

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls, following a thorough analysis of the infrastructure situation and a weighing- up of the costs and administrative burdens, for the introduction of automatic digital records and ~~the development~~ of '“smart tachographs'” for all means of ~~transport, including inland waterway~~ transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (must) be equipped with a smart tachograph”12 ; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.

Amendment 435 #

Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Anne SANDER

Motion for a resolution
Paragraph 14

14. Calls for ~~increased~~effective controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 436 #

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in transport, a sector which has been hit particularly hard by unfair competition; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 437 #

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in transport; ~~calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport~~recommends that, in the event of acquisitions or the transfer of company property, it is clearly stated which requirements are not disregarded but carried over into the new contracts; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; stresses that instruments such as ‘smart tachographs’ and ‘GNSS systems’ used on all means of transport guarantee constant traceability in real time of the vehicle, in particular freight vehicles; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) with a smart tachograph’12 ; __________________ 12 www.europarl.europa.eu/sides/getDoc.do?t ype=TA&reference=P7-TA-2012- 0271&language=FR&ring=A7-2012- 0195#BKMD-7 (Regulations on working time, driving times, rest times and cabotage are often circumvented by transport companies looking to maximise profits to the detriment of their workers. Nonetheless, there are no effective instruments available to police authorities for carrying out the necessary checks. GNSS monitoring systems may be used to this end to check that the law is being abided by, with real time checks and the collection of data and information. These GNSS systems are also compatible with the GALILEO and EGNOS systems, which can ensure added benefits in terms of the precision and accuracy of data.)

Amendment 438 #

Guillaume BALAS, Maria João RODRIGUES, Christine REVAULT D'ALLONNES BONNEFOY, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Agnes JONGERIUS, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Ole CHRISTENSEN, Flavio ZANONATO

Motion for a resolution
Paragraph 14

14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway and rail transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes and that it is therefore possible that existing legislation is being evaded; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7

Amendment 439 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;

Amendment 44 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital A a (new)

Aa. whereas REFIT represents an important first step towards simplifying legislation and reducing administrative burdens of regulation for businesses and eliminating barriers to growth and job creation;

Amendment 440 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 14 a (new)

14a. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States' national electronic registers and in the European Register of Road Transport Undertaking (ERRU);

Amendment 441 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on all levels of government to use every means at their disposal to fight the phenomenon of foreign temporary agencies which, exploiting Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, engage in unfair competitive practices by offering local companies cheaper drivers, thus cancelling out the effects of investments in the competitiveness and economic and social growth of the haulage sector;

Amendment 442 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Member States to ensure the correct functioning of the internal market, a unified interpretation of existing EU law among Member States should be developed and maintained; measures for extension and coordination of road controls should be executed; and common rules and procedures for detection of infringements at EU level and common training practices for controllers should also be developed;

Amendment 443 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls for reinterpretation of the definition of ‘social dumping’; recalls that, under trade policy, the definition of dumping is different for transport than for the workforce in a wider sense;

Amendment 444 #

Motion for a resolution
Paragraph 14 b (new)

14a. Calls for the introduction of a guaranteed minimum wage set by Member States for all professional drivers and the elimination of different levels of taxation for both companies and employees of the sector;

Amendment 445 #

Motion for a resolution
Paragraph 14 b (new)

14b. Considers that the objective differences existing between the wage levels and social security systems of the Member States should be interpreted as competitive advantage and not defined as unfair practices;

Amendment 446 #

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 447 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 448 #

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 449 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 45 #

Motion for a resolution
Recital A a (new)

Aa. whereas the scale of mass unemployment in Europe, the difference in wage levels between countries and the tactic of pitting workers against one another necessarily leads to lower wages for everyone and an increase in unemployment;

Amendment 450 #

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 451 #

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 452 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 453 #

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted

Amendment 454 #

Motion for a resolution
Paragraph 15

15. Calls for ~~the creation of a European transport agency bringing~~an ongoing review tog dether ~~existing agencies; takes the view that, at the very least, a specific road transport agency is need~~mine how cooperation between the existing transport agencies can be improved;

Amendment 455 #

Motion for a resolution
Paragraph 15

15. Calls ~~for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road~~on a stronger cooperation of the national transport agenc~~y is needed~~ies;

Amendment 456 #

Motion for a resolution
Paragraph 15

15. ~~Calls for~~Firmly rejects the creation of a European transport agency ~~bringing together existing agencies~~; takes the view that ~~at the very least a~~no specific road transport agency is needed;

Amendment 457 #

Martina DLABAJOVÁ, Marian HARKIN, Renate WEBER

Motion for a resolution
Paragraph 15

15. Calls for the creation of a ~~European transport agency bringing together existing agencies; takes the view that at the very least a~~ specific road transport agency ~~is needed~~;

Amendment 458 #

Motion for a resolution
Paragraph 15

15. ~~Calls for the creation of a~~Believes that creating one European transport agency bringing together existing agencies~~; takes the view that at the very least a specific road transport agency is needed~~ could be looked into;

Amendment 459 #

Motion for a resolution
Paragraph 15

15. Calls fon the Commission to consider the creation of a European transport agency bringing together existing agencies; ~~takes the view that at the very least a specific road transport agency is needed;~~

Amendment 46 #

Motion for a resolution
Recital A a (new)

Aa. whereas the structural employment market reforms called for by the EU have resulted in casualisation and social security cuts in some Member States;

Amendment 460 #

Motion for a resolution
Paragraph 15

15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that ~~at the very least,~~ a specific road transport agency is ~~needed~~essential, recalling that this sector is heavily affected by social dumping;

Amendment 461 #

Kateřina KONEČNÁ

Motion for a resolution
Paragraph 15

15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed, particularly in relation to the approaching technological transition from today’s physical infrastructure to a smart transport network, which will take place over the coming years and decades;

Amendment 462 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission to set up a cooperation forum where prosecutors and law enforcement authorities can exchange information on best practices and cooperate more closely on improving implementation of social legislation in the field of road transport, at both national and transnational levels;

Amendment 463 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on a stronger cooperation of the national transport agencies;

Amendment 464 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on Members States and the Commission to mobilise the instruments and economic resources necessary for fighting, particularly in the shipping and air transport sectors, the phenomena of exceeding the maximum number of hours of work per day and the failure to respect the minimum number of rest hours, including weekly days of rest and public holidays; (In many Member States, staff (such as sailors and flight crews in Italy) are forced to work long hours without a break: the failure to respect working hours seriously impairs the safety of the workers and the means of transport, and - of course - constitutes a harmful form of unfair competition.)

Amendment 465 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 16

16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;deleted

Amendment 466 #

Motion for a resolution
Paragraph 16

16. asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 467 #

Motion for a resolution
Paragraph 16

16. Asks the ~~Commission~~Member States to clarify the provisions ~~so that a distinction can be draw~~regarding the distinction between employees and self- employed ~~workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work~~in the transport sector, also in view of combatting 'bogus self employment';

Amendment 468 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 16

16. Asks the Commission to ~~clarify the provisions so that a distinction can be drawn~~broker an exchange of views between Mem~~ployees and self- employed w~~ber States in orkders to combat 'bogus self employment'; ~~emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;~~

Amendment 469 #

Motion for a resolution
Paragraph 16

16. Asks the Commission toand Member States to work on clear~~ify the provisions so that a distinction can be drawn~~ and transparent distinctions between employees and self- employed workers ~~to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work~~which are practicable and which cover the many forms which employment relationships can take, and which also do not discriminate against genuinely self-employed workers with a small number of clients, which create legal certainty and which prevent abuse of the rules;

Amendment 47 #

Motion for a resolution
Recital A a (new)

Aa. Whereas as a consequence of the crisis there and the high unemployment rates in the majority of the Member States there are deepening inequalities and pressure on job-seekers to accept any job on offer;

Amendment 470 #

Motion for a resolution
Paragraph 16

16. Asks the ~~Commission to clarify~~Member States to implement the provisions so that a distinction can be drawn between ~~employees and~~ self- employed workers to combat ‘bogus self- employment’; emphasises that ~~airline pilots and train drivers cannot be considered to be independent of the companies for which they work~~this problem has significant consequences with regard to the social protection of workers and could have an effect on free competition;

Amendment 471 #

Motion for a resolution
Paragraph 16

16. ~~Asks the Commission~~Emphasises that the Member States are competent, if necessary, to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat '“bogus self employment'”; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;

Amendment 472 #

Motion for a resolution
Paragraph 16

16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'~~; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;~~,

Amendment 473 #

Motion for a resolution
Paragraph 16

16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; ~~emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;~~

Amendment 474 #

Motion for a resolution
Paragraph 16

16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that workers such as airline pilots and train drivers cannot be considered to be independent of the companies for which they work;

Amendment 475 #

Motion for a resolution
Paragraph 16

16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; stresses, in this regard, that low-cost airlines in particular use self- employment contracts for pilots, which often provide for the employment of pilots at the end of their careers, who are often hired through temporary agencies based outside the EU; recommends to this end to establish, where this is the case, urgent regulations limiting the abuse of this practice; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;

Amendment 476 #

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on the Commission to introduce measures to prevent the manipulation of employment status with the aim of avoidance of employment rights and social protections;

Amendment 477 #

Motion for a resolution
Paragraph 16 a (new)

16a. Asks the Commission to put forward a legislative proposal demanding that at least 75 per cent of all employees in an airline company must be directly employed by the airline company, to ensure a high level of competence, safety and a clear employer's liability.

Amendment 478 #

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on the Commission and the Member States to promote, among others in the relevant Directives and EASA regulations, direct employment as the standard model and to put an end to the use of atypical employment for safety professionals in transport;

Amendment 479 #

Amjad BASHIR

Motion for a resolution
Paragraph 16 a (new)

16a. Recalls that legitimate self employment represents a growing trend across the EU and highlights the value of independent professionals and one-man SMEs in boosting innovation and economic growth;

Amendment 48 #

Motion for a resolution
Recital A a (new)

Aa. whereas Article 9 TFEU lays down the promotion of a high employment rate, the guarantee of adequate social protection, combating social exclusion and a high level of education, training and human health protection as fundamental principles of the Union;

Amendment 480 #

Motion for a resolution
Paragraph 16 a (new)

16a. Recommends that the Commission carefully monitors acquisitions by airlines from outside the EU to provide for urgent regulations in this area to fight the largely widespread phenomenon of ‘selling off’ social safeguards in exchange for economic conditions that only appear to be more advantageous; calls on the Commission to ensure that the social safeguards provided for by the contracts of workers from the European Union are the ‘conditio sine qua non’ for these acquisitions;

Amendment 481 #

Motion for a resolution
Paragraph 16 b (new)

16b. Recommends to the Commission that a national collective agreement be drawn up and applied correctly in all Member States in cooperation with the social partners, to guarantee certain rules on rest times and suitable social safeguards, above all in the event of acquisitions by airlines outside the EU;

Amendment 482 #

Motion for a resolution
Paragraph 16 b (new)

16b. Asks the Commission to consider proposals to ensure that airline companies registered in EU employ EU citizens or people from third countries with work permission in EU;

Amendment 483 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 17

Amendment 484 #

Motion for a resolution
Paragraph 17

~~17. Believes that the rules on cabotage are not sufficiently precise, which facilitates~~Deleted (the deletion is necessary since combating social dumping in the ptra~~ctice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;~~nsport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 485 #

Motion for a resolution
Paragraph 17

Amendment 486 #

Motion for a resolution
Paragraph 17

Amendment 487 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 17

Amendment 488 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificationCalls for the effective application of the rules on posting to all transport workers covered by Directive 96/71 EC, whatever the implementing rules for transport services and, in particular, cabotage;

Amendment 489 #

Motion for a resolution
Paragraph 17

17. Believes that the ~~rules on cabotage are not sufficiently precise, which facilitates the pra~~guiding principle for any action in relation to cabotage should be the White Paper on Transport objecticve ~~of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;~~to pursue the elimination of remaining restrictions on cabotage in order to complete step-by-step the Single European Transport Area.

Amendment 49 #

Motion for a resolution
Recital A a (new)

Aa. having regard to the multiplication of opportunities for workers exploitation, in employment relations presenting extraterritorial features, such as the transnational posting of workers, cross border transport –by road, by air and by inland and maritime waterways;

Amendment 490 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificationegulations for operations concerning the application of cabotage need to be further clarified;

Amendment 491 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise~~, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificatio~~ and therefore should be simplified and clarified in order to improve compliance without increasing the administrative burden;

Amendment 492 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage ~~are not sufficiently precise, which facilitates the practice of some road op~~in the current legislation should be clarified and simplified in ordera to~~rs of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notific~~ facilitate correct implementation;

Amendment 493 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise~~, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification~~; calls for clarity in this respect in order to make sure which terms and conditions of employment and administrative requirements should apply;

Amendment 494 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage a~~re not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification~~s to their practicability and effectiveness, and improved where necessary;

Amendment 495 #

Motion for a resolution
Paragraph 17

17. ~~Believe~~Considers that the rules on ~~cabotage~~weekly in- cab rest periods are not sufficiently precise~~, which facilitates the practice of some ro~~; calls on the Commission to clarify these rules to prevent national legislation from being ad op~~erators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory~~ted that would fragment the internal market; wishes, as a general principle, that drivers should be able to spend rest perio~~r notification~~ds at home;

Amendment 496 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; ~~wishes cabotage operations to be subject to mandatory prior notification;~~

Amendment 497 #

Motion for a resolution
Paragraph 17

Amendment 498 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes ~~cabotage operations to be subject to mandatory prior notific~~that road operators notify of their intention of engaging in cabotage operations prior to their initial operation;

Amendment 499 #

Motion for a resolution
Paragraph 17

Amendment 5 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Citation 1 a (new)

- having regard to Article 5 TEU, Article 56, 153(5) and 154 TFEU,

Amendment 50 #

Motion for a resolution
Recital A a (new)

Aa. having regard to the multiplication of opportunities for "social dumping", in presence of employment relations presenting extraterritorial features, such as the transnational posting of workers and cross border transport;

Amendment 500 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are currently not sufficiently precise or harmonised at European level, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification; calls for the European register to be made accessible to the police forces of Member States so that they may carry out the appropriate checks;

Amendment 501 #

Motion for a resolution
Paragraph 17

17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification; wishes combined transport to be brought within the scope of Regulation (EC) No 1072/2009 to eliminate exceptions and establish rules on cabotage that are easier to apply; believes that the Member States should commit themselves to allocating sufficient resources to ensure that inspections are frequent and fair, and conducted at least every two years;

Amendment 502 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission together with the transport industry to consider the possibility of introducing legislative proposals establishing an obligation by employers in the transport industry to inform their employees on applicable law when they move across national borders in connection with their jobs;

Amendment 503 #

Motion for a resolution
Paragraph 17 a (new)

17a. Recalls that the road transport sector is essential to the society and economy of the European Union and constitutes almost three quarters (72%) of total domestic freight transport; recalls that the sector transports more passengers than over- and underground railways and trams combined, and employs more than 2.2% of the total working population of the EU (5 million people);

Amendment 504 #

Anne SANDER, Georges BACH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 17 a (new)

17a. calls on the Commission to apply in a collective manner, to mobile personnel in road transport, Article 8(2) of Regulation (EC) No 593/2008 (Rome I) designed to ensure adequate protection for employees, as interpreted by the ECJ ruling on the Koelzsch case1a , as this would be the most effective way to fight social dumping in road transport; __________________ 1aC-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011, Heiko Koelzsch v État du Grand Duché du Luxembourg

Amendment 505 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;

Amendment 506 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Member States and the Commission to consider the rule of 3 drives within 7 days for cabotage provided for in Regulation (EC) No 1072/2009 as the right step towards a future full liberalization. Even though the market share of cabotage within transport industry is overall very marginal, the next step in any forthcoming revision should therefore be the lifting of the limit on the number of drives within the period of 7 days;

Amendment 507 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission to include a clause on unfair commercial practices within the comprehensive aviation agreements;

Amendment 508 #

Motion for a resolution
Paragraph 17 b (new)

17b. Recalls that several measures have been adopted to enhance implementation of social regulations for the road transport sector, and that the Commission developed the related guidelines on this process, such as the European Register of Road Transport Undertakings (ERRU), a telematic network that enables exchanging of the information required for tachograph personal driver cards (TACHOnet), and a common training schedule for the implementing entities (TRACE project);

Amendment 509 #

Motion for a resolution
Paragraph 17 c (new)

17c. Considers that, despite such measures, differences in national interpretations of these common EU rules and related enforcement practices persist, and the number of breaches of the rules on driving times, breaks and rest periods remains high, with 3.9 million offences detected in the 2011-2012 implementation period;

Amendment 51 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Recital A a (new)

Aa. having regard to the EU competitiveness on the global market and the integrity of the EU internal market,

Amendment 510 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of flight cabin crews, in particular their rest periods;deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 511 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;deleted

Amendment 512 #

Motion for a resolution
Paragraph 18

Amendment 513 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 18

Amendment 514 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of flight cabin crews, in particular their rest periodat there is no need for ground-handling at airports;

Amendment 515 #

Motion for a resolution
Paragraph 18

18. Stresses the need ~~for a new regulation on groundhandling at airports~~ to ensure mandatory social and wage protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; ~~supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clar~~tendering authorities must include mandatory social standards in tender specifications ofn the ~~definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods~~basis of existing social standards in the place where the service is provided;

Amendment 516 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on groundhandling at airports to ensure ~~mandatory~~appropriate social and wage protection for workers in the event of new calls for tenders or the partial loss of work~~; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State~~ as well as a better quality of services and level playing field for service providers; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;

Amendment 517 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on groundhandling at airports to ensure ~~mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure~~social protection for workers; calls for the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for ~~the~~a clarification of the definition of '´home base'´ to better protect the social rights of cabin crews, in particular their rest periods;

Amendment 518 #

Jutta STEINRUCK, Guillaume BALAS

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on groundhandling at airports to ~~ensure mandatory~~reconcile the objectives of improved social and wage protection for workers ~~in the event of new calls for tenders or the partial loss of work~~, and greater flexibility and competitiveness in the provision of such services; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with ‘operational bases’ in the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;

Amendment 519 #

Motion for a resolution
Paragraph 18

18. Stresses the need ~~for a new regulation on groundhandling at airports~~ to ensure mandatory social and wage protection for ~~worker~~groundhandling workers at airports in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods, as well as to improve the definition and concept of 'principal place of business' so that the operating license is granted by a state only if a significant number of crews and airplanes are based in that country;

Amendment 52 #

Motion for a resolution
Recital A b (new)

A b. whereas austerity measures and attempts for deregulation on the labour market lead to deteriorating social and labour standards providing flexibility at the expense of the security of workers;

Amendment 520 #

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; s~~upport~~tresses, in this regard, the need for the social guarantees provided for in old contracts to be upheld whatever changes may take place in these companies; recommends the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;

Amendment 521 #

Motion for a resolution
Paragraph 18 a (new)

18a. Highlights the urgent need to better enforce the home base principle and prevent the creative circumvention of EU rules by some airline companies operating in the EU; urges the Commission to analyse the consequences and consider the possibility of introducing a rule stating that if a big share of the passengers on a specific route between two Member States has the nationality of one of the Member States, the airline operating on the route must have home base in this Member State;

Amendment 522 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 18 a (new)

18a. Deplores the fact that Regulation (EC) No 868/2004 has never been applied, and calls for it to be revised as soon as possible to combat unfair pricing practices in Europe, and to promote fair and sustainable intra- and intermodal competition in a more effective way, so as to ensure reciprocity and prevent unfair practices;

Amendment 523 #

Motion for a resolution
Paragraph 18 a (new)

18a. Highlights the results of the study 'Atypical Employment in Aviation' from the University of Ghent, which clearly illustrates that precarious working conditions for pilots and cabin crew have a negative impact on flight safety;

Amendment 524 #

Motion for a resolution
Paragraph 18 a (new)

18. Calls for social rights of flight and cabin crew to be protected;

Amendment 525 #

Motion for a resolution
Paragraph 18 b (new)

18b. Points out that, in accordance with the amendments made to the Rome I European rules on mobile workers in 2012, the applicable social law must be that ‘of the State from which’ the commercial operation or service takes place;

Amendment 526 #

Motion for a resolution
Paragraph 18 c (new)

18c. Calls for the concept of ‘the place of establishment’ to be made specific so that an operating permit is granted by a Member State if the volume of a company’s air transport business there is significant, while ensuring full coordination of social security systems in compliance with European labour law;

Amendment 527 #

Motion for a resolution
Paragraph 18 d (new)

18d. Calls for a revision of Regulation (EU) No 83/2014 to ensure compliance with labour law and rest time for airline companies’ flight crews;

Amendment 528 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety risk;deleted

Amendment 529 #

Motion for a resolution
Paragraph 19

Amendment 53 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Recital A b (new)

Ab. whereas there is a growing trend toward using vouchers instead of regular employment contracts, which is unfair and, very often, illegal and leads to increased job insecurity;

Amendment 530 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate precarious employment relationships called 'zero-hour-contracts' or 'pay-to-fly” contracts; believes that precarious working conditions are an additional safety risk;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 531 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS

Motion for a resolution
Paragraph 19

19. ~~Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that p~~Highlights the role of the European Aviation Safety Agency in ensuring that the maximum flying hours and health and safety regulations are fully respected and complied with recgar~~ious working conditions are an additional safety risk~~dless of the employment contract;

Amendment 532 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to ~~eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety risk~~provide sufficient flexisecurity at the labour market;

Amendment 533 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to ~~review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'~~make sure that flexible employment contracts have an appropriate social security coverage under national and EU law; believes that ~~precarious~~unsecure working conditions arcan be an additional safety risk;

Amendment 534 #

Motion for a resolution
Paragraph 19

19. Calls on Member States, where necessary, to review their laws so that instead of “zero-hour-contracts”, agreement can be reached on a set number of working hours which the employer can ask a worker to perform as required, provided that he meets the voluntary or mandatory deadlines for doing so; or to eliminate precarious employment relationships called ~~'zero-hour-~~“pay-to- fly” contracts' for ~~'pay-to-fly” contracts; points out that precarious working conditions~~the purpose of evading social security contributions; points out that such contract designs might represent an additional safety risk in aviation;

Amendment 535 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate precarious contracts called ~~'zero hour contracts' or~~ 'pay to fly contracts'; believes that precarious working conditions are an additional safety risk;

Amendment 536 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate on-call work models, such as precarious contracts called 'zero hour contracts' or 'pay to fly contracts', which can dramatically reduce workers´ income and security; believes that precarious working conditions are an additional safety risk;

Amendment 537 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission and Member States to review rules on initial training and on licensing of aircrew through eliminating the shortcomings leading to exploitation of pilots accessing the profession; calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety risk;

Amendment 538 #

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay-to-fly contracts'; believes that precarious working conditions are an additional safety risk; stresses that competitiveness should not come at the price of ‘selling off’ social safeguards for workers and the quality of services;

Amendment 539 #

Motion for a resolution
Paragraph 20

Amendment 54 #

Martina DLABAJOVÁ, Renate WEBER

Motion for a resolution
Recital A b (new)

Ab. whereas good working conditions, which protect physical and mental health, are a fundamental workers’ right1 a and have positive value in themselves; __________________ 1aCharter of Fundamental Rights of the European Union, Article 31(1): Every worker has the right to working conditions which respect his or her health, safety and dignity.

Amendment 540 #

Motion for a resolution
Paragraph 20

Amendment 541 #

Motion for a resolution
Paragraph 20

Amendment 542 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 20

Amendment 543 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 20

Amendment 544 #

Ulla TØRNÆS

Motion for a resolution
Paragraph 20

Amendment 545 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to shortly submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 546 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to shortly submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workersexamine whether an additional regulatory proposal governing working conditions in the shipping industry which goes beyond the existing agreement concluded by the social partners at EU level;

Amendment 547 #

Elisabeth MORIN-CHARTIER, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 20

Amendment 548 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels (regardless of the flag it flies) providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the ~~State applying the most favourable standards for workers~~Member State with which the seafarer's work is most closely connected;

Amendment 549 #

Marju LAURISTIN

Motion for a resolution
Paragraph 20

Amendment 55 #

Motion for a resolution
Recital A b (new)

A b. having regard to achievements of open economies and better economic results of in the EU in terms of growth based on the fundamental freedom of movement of persons, products and services,

Amendment 550 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to submit, shortly, a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers to guarantee the best economic and social conditions for the workers themselves;

Amendment 551 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers; calls on the Commission to progressively prohibit the practices of Member States that issue ‘European flags of convenience’; stresses, in order to ensure maritime safety, environmental protection and respect for social rights, that the Member States or the authorities responsible can ask for vessels carrying out commercial operations in port to be registered under the national flag of the Member State of the port concerned;

Amendment 552 #

Motion for a resolution
Paragraph 21

Amendment 553 #

Motion for a resolution
Paragraph 21

Amendment 554 #

Motion for a resolution
Paragraph 21

Amendment 555 #

Marju LAURISTIN

Motion for a resolution
Paragraph 21

Amendment 556 #

Motion for a resolution
Paragraph 21

Amendment 557 #

Motion for a resolution
Paragraph 21

Amendment 558 #

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 21

Amendment 559 #

Motion for a resolution
Paragraph 21

~~21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two Europe~~deleted (the deletion is necessary since combating social dumping in the tran sport~~s are built in Europe, fly a European flag and are owned by a European company; calls for the law that is applicable to be associated with the country in which the vessel owner is based;~~ sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

Amendment 56 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital B

B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to ~~combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ,~~ensure that the Posting of Workers Directive is strictly implemented and to initiate a targeted review of the Directive; __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm

Amendment 560 #

Elisabeth MORIN-CHARTIER, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 21

21. Calls on the Commission~~, drawing on the US Jones Act,~~ to take the necessary measures to ensure that vessels carrying goods between two or more European ports ~~are built in Europe,~~ fly an E~~uropean~~EA flag and are owned by a ~~European company~~company situated in the EEA and mainly manned by EEA-domiciled seafarers; calls for the ~~law that is applicable to be associated with the country in which the vessel owner is bas~~seafarers employment agreement to be governed by the Member State with which the seafarer's work is most closely connected;

Amendment 561 #

Guillaume BALAS, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Paragraph 21

21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two European ports are built in Europe, fly a European flag ~~and~~, are owned by a European company and mainly manned by European domiciled seafarers; calls for the law that is applicable to be associated with the country in which the vessel owner is based;

Amendment 562 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission, drawing on the US Jones Act, to ~~tak~~evaluate the necessary measures to ~~ensure that~~promote a situation where vessels carrying goods between two European ports are built in Europe, fly a European flag and are owned by a European company; calls for the law that is applicable to be associated with the country in which the vessel owner is based;

Amendment 563 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two European ports are built in Europe, fly a European flag and are owned by a European company; calls for the law that is applicable to be associated with the country in which the vessel owner is based and recommends that the main economic and tax regulations applied to vessel owners be based on transparency and the clamping down on any practices that expose these regulations to corruption;

Amendment 564 #

Guillaume BALAS, Joachim SCHUSTER, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Agnes JONGERIUS, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Flavio ZANONATO

Motion for a resolution
Subheading 3 a (new)

Anticipation of challenges linked to the digitalisation of the economy

Amendment 565 #

Motion for a resolution
Paragraph 22

~~22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital and sharing economy;~~deleted

Amendment 566 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 22

22. Calls on the ~~Commission rapidly to draw up proposals to combat unfair competition in~~Member States and the Commission to take the necessary measures to combat unfair competition while at the same time creating an open, flexible market with a regulatory framework that reflects the dynamic nature of the digital and sharing economy;

Amendment 567 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to ~~rapidly draw up proposals to combat unfair competition in the digital and sharing economy~~observe new phenomena in the digital world of work and, where necessary, to make proposals to rectify cases of abuse;

Amendment 568 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission ~~rapidly to draw up proposals to combat~~to initiate a consultation to identify unfair competition in the digital and sharing economy with special regards to automatisation and robotics;

Amendment 569 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to ~~rapidly draw up proposals to combat~~investigate the extent, and consequences, of unfair competition in the digital and sharing economy;

Amendment 57 #

Motion for a resolution
Recital B

B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to ~~combat '~~promote and safeguard ‘the free movement of citizens as a fundamental right of our Union, while avoiding cases of abuses and risks of social dumping'’ and reiterated this commitment in his 2015 State of the Union address2,; __________________ 2 http://europa.eu/rapid/press- release_SPEECH-15-5614_es.htm

Amendment 570 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 22

22. Calls on the Commission rapidly to draw up proposals ~~to combat unfair~~on the digital and sharing economy to ensure fair conditions for tax, labour and competition, in ~~the digital and sharing economy~~addition to customer protection;

Amendment 571 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission ~~rapidly to draw up proposals to~~to continue combatting unfair competition ~~in the~~; agrees that appropriate regulatory environment is needed for digital and shar~~ing~~ed economy;

Amendment 572 #

Motion for a resolution
Paragraph 22

22. ~~Calls on the Commission to rapidly~~Emphasises that Member States must adapt their legislation to the digital and sharing economy and calls on the Commission, Member States and social partners to draw up proposals to combat unfair competition in the digital and sharing economy;

Amendment 573 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 22

22. Calls on the Commission rapidly to draw up proposals to combat unfair competition ~~in the digital and sharing economy~~by undertakings with a background of digital platform capitalism;

Amendment 574 #

Motion for a resolution
Paragraph 22

22. ~~Calls on the Commission rapidly~~Recalls the importance of tying the development of the digital and sharing economy to the protection of workers in this new sector; calls on the Commission to evaluate the provisions of European legislation applying to this sector and, if necessary, to draw up proposals to combat unfair competition in the digital and sharing economy;

Amendment 575 #

Guillaume BALAS, Joachim SCHUSTER, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Agnes JONGERIUS, Evelyn REGNER, Maria ARENA, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Paragraph 22

22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital ~~and~~, sharing ~~economy~~and collaborative economy including the field of crowdworking;

Amendment 576 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital and sharing economy, where more flexible working practices may result in precarious forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; stresses that freedom of association and the right to collective bargaining must be applicable in the context of these new forms of employment;

Amendment 577 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital and sharing economy as well as addressing the blurring of employment status which leaves workers unprotected, and tackling avoidance of social security and tax payments;

Amendment 578 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to draw up, rapidly, proposals to combat unfair competition in the digital and sharing economy; also recommends transparency in establishing where the persons concerned are to pay their tax contributions;

Amendment 579 #

Guillaume BALAS, Joachim SCHUSTER, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Emilian PAVEL, Agnes JONGERIUS, Evelyn REGNER, Maria ARENA, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Sergio GUTIÉRREZ PRIETO, Flavio ZANONATO

Motion for a resolution
Paragraph 22 a (new)

22a. notes that digitalization has a crucial impact on European labour markets; highlights that, on the one hand, digitalisation can generate new business models and new jobs, especially for high- skilled but also for low-skilled workers, but on the other hand, it can also lead to precarious forms of employment; regrets, however, that Commission's Digital Single Market Strategy is primarily limited to technical considerations; stresses the need for social considerations to be taken on board in the Digital Single Market Strategy in order to take full advantage of the related employment and growth potential; calls on the Commission to shape the digital single market in a socially just and sustainable way;

Amendment 58 #

Motion for a resolution
Recital B

B. whereas on 15 July 2014 in his 2015 State of the Union address Jean-Claude Juncker, President of the Commission, ~~undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ,~~highlighted the need for a more fair and truly pan-European labour market that can be achieved through the promotion and safeguarding of the free movement of citizens as a fundamental right of the EU, while avoiding cases of abuses and risks of social dumping; __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm

Amendment 580 #

Motion for a resolution
Paragraph 22 a (new)

22a. Takes the view that existing social protection schemes should be adapted to fit the special characteristics of the digital and sharing economy to ensure appropriate social protection for the workers concerned;

Amendment 581 #

Motion for a resolution
Paragraph 22 a (new)

22a. Considers it important that the planned new provisions relating to the social and working conditions of the transport sector should not prejudice the fundamental freedoms of the EU (such as the freedom to provide services), and should not constitute artificial barriers for transport enterprises as regards competition within the internal market based on real competitive advantages;

Amendment 582 #

Motion for a resolution
Paragraph 22 a (new)

22a. Believes that in sectors, such as in agriculture, social dumping is not so much connected to abusive practices in posting of workers, but rather on undeclared work, with national or transnational relevance/significance (characterized of both national and transnational dimension); therefore calls on Member States for integrated approaches both of preventive nature, meant at providing simpler administrative burdens for managing employment relations and/or favouring the recourse to electronic means of salary payment, and of repressive nature, reinforcing labour inspections;

Amendment 583 #

Motion for a resolution
Paragraph 22 b (new)

22b. Considers that the issue of social harmonisation and the problem of social dumping extend far beyond the transport sector; considers that this sector already has problems with these matters in relation to economic, employment policy and social policy as regards the freedom to provide services within the internal market;

Amendment 584 #

Motion for a resolution
Paragraph 22 b (new)

22b. Recalls that in some economic sectors, like agriculture, the working hours system varies according with its seasonal constrains;

Amendment 585 #

Motion for a resolution
Subheading III

III. Towards upward social convergence

Amendment 586 #

Motion for a resolution
Subheading III a (new)

IIIa. Combating social dumping in agriculture

Amendment 587 #

Motion for a resolution
Paragraph 23

~~23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;~~deleted

Amendment 588 #

Motion for a resolution
Paragraph 23

~~23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;~~deleted

Amendment 589 #

Motion for a resolution
Paragraph 23

~~23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;~~deleted

Amendment 59 #

Motion for a resolution
Recital B

B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ; however, the phrase of social dumping is not scientifically evident, proved and adopted, __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm

Amendment 590 #

Anthea McINTYRE, Arne GERICKE, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 23

~~23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;~~deleted

Amendment 591 #

Helga STEVENS

Motion for a resolution
Paragraph 23

23. ~~Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;~~Wishes periods of posting to be limited in Directive 96/71/EC without jeopardising the effectiveness of the freedom of services, and temporary employment agencies to be excluded from the scope of the directive'

Amendment 592 #

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms~~the establishment of an internal market in which the free movement of goods, persons, services and capital is ensured is an essential objective of the Union;

Amendment 593 #

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms~~the fundamental freedoms of the EU, such as the right of establishment and the freedom of movement of services have to be safeguarded;

Amendment 594 #

Motion for a resolution
Paragraph 23

23. ~~Takes the view that a social protocol is necessary to ensure the primacy of~~Recalls that the EU law provides clear rules on the fundamental rights ~~over~~and economic freedoms and that this is further specified by existing ECJ rulings;

Amendment 595 #

Motion for a resolution
Paragraph 23

23. ~~Takes the view that a social protocol is necessary to ensure the primacy of~~Notes that fundamental rights ~~over~~make economic freedoms possible;

Amendment 596 #

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms~~urgent action is needed to help the social market economy become established in all the EU Member States, to protect the freedom of all market participants and, at the same time, to ensure social balance;

Amendment 597 #

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol~~continuous education is necessary ~~to ensure the primacy of fundamental rights over~~concerning the optimal dynamic equilibrium between the inalienable right to work and inalienable economic freedoms;

Amendment 598 #

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms~~the improving economic situation must be accompanied by more favourable labour relations for workers to deepen the social market economy further;

Amendment 599 #

Danuta JAZŁOWIECKA, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Eduard KUKAN, Anne SANDER

Motion for a resolution
Paragraph 23

23. ~~Tak~~Stresses the ~~view that a social protocol is necessary to ensure the primacy of~~importance of equality between fundamental rights ~~over~~and economic freedoms;

Amendment 6 #

Motion for a resolution
Citation 1 a (new)

- having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,

Amendment 60 #

Motion for a resolution
Recital B a (new)

B a. whereas the European Commission has announced in its' Commission work programme for 2016 the presentation of a labour mobility package, including measures for better enforcement and coordination of social security as well as a targeted revision of the Posting of Workers Directive to address unfair practices leading to social dumping and brain drain by ensuring the same work in the same place is rewarded by the same pay, and whereas no proposals have been presented so far,

Amendment 600 #

Tom VANDENKENDELAERE, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 23

23. Takes the view that ~~a social protocol is necessary to ensure the primacy of~~it is important to ensure equal treatment between fundamental rights ~~over~~and economic freedoms;

Amendment 601 #

Motion for a resolution
Paragraph 23

23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights ~~over~~and economic freedoms;

Amendment 602 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 23

23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms and that a social progress clause needs to be included in directives relating to working conditions for workers in the European Union;

Amendment 603 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 23

23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms; calls, in this respect, for the EU to complete the process of accession to the European Convention of Human Rights and to systematically align its legislative and policy-making proposals with the European Social Charter, while starting the process for a future accession of the EU to the European Social Charter;

Amendment 604 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 23 a (new)

23a. Highlights the Five Presidents' Report which recognises in the context of the convergence process that there is no "one-size-fits-all" template;

Amendment 605 #

Marita ULVSKOG, Ole CHRISTENSEN, Miapetra KUMPULA-NATRI

Motion for a resolution
Paragraph 23 a (new)

23a. calls for respect and promotion of cooperation among employers' and employees' representatives aimed at anticipating and reacting to the changes in the labour market and at reaching agreements on higher standards of employment;

Amendment 606 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Commission and the Member States to support and to enhance social dialogue, which plays a critical role in achieving decent and productive working conditions; underlines that high labour law and social standards have a crucial role to play in rebalancing economies, supporting incomes, and encouraging investment in capacities; stresses that all EU law and policy documents must respect trade union rights and freedoms, collective agreements and equal treatment of workers;

Amendment 607 #

Motion for a resolution
Paragraph 23 a (new)

23a. Underlines that inequalities in Europe are deepening thus undermining the achievement of Europe 2020 targets on poverty and employment;

Amendment 608 #

Motion for a resolution
Paragraph 23 a (new)

23a. Underlines the importance of establishing economic, fiscal and social mechanisms in the territory of the Union and/or the euro area, which will improve the living standards of citizens in the territory of the Union by reducing economic and social imbalances; in addition urges the Commission, in the specific recommendations it makes to the Member States in the context of the European semester, to incorporate opinions on social issues to ensure greater worker protection through convergence;

Amendment 609 #

Motion for a resolution
Paragraph 23 a (new)

23a. Noting the significant fall in the employment rate caused by the economic and financial crisis and in light of the progress in robotics and artificial intelligence and, therefore, the inevitable further fall in the number of jobs, proposes to the European Commission a change in the paradigm that puts the emphasis on ‘income’ rather than ‘work’ and, as a result, pursues the objective of guaranteeing a ‘minimum citizens’ income’ throughout the European Union that guarantees a free and dignified life; (We are on the brink of a new social and economic revolution that will lead to a decrease in jobs, and not only in the manufacturing sector. Politics must guide this ‘revolution’ with a clear change in the paradigm.)

Amendment 61 #

Motion for a resolution
Recital B b (new)

Bb. whereas Commissioner Thyssen indicated that we cannot talk about social dumping when it comes to employees with free movement in the internal market at the debate on the European platform to enhance cooperation in the prevention and deterrence of undeclared work held in the plenary on 2/2/2016 in Strasbourg.

Amendment 610 #

Motion for a resolution
Paragraph 24

Amendment 611 #

Motion for a resolution
Paragraph 24

24. Recalls the ~~Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social system~~commitments of all the Member States under the EU Charter of Fundamental Rights can~~not provide such a basis, but can only serve as a preliminary analytical framework~~d the European Social Charter;

Amendment 612 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical frameworkrole to propose minimum legal requirements in view to achieve objectives set in the art.151 TFEU taking account of the diverse forms of national practice and the subsidiarity principle;

Amendment 613 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 24

24. ~~Recall~~Notes the Commission's ~~commitment~~intention to propos~~ing~~e a basis of minimum social rights~~; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework~~ by increasing the use of benchmarking and best practice;

Amendment 614 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical frameworkTakes the view that the establishment of a common set of EU minimum social rights would be useful. Recalls the Commission's commitment to proposing a basis of minimum social rights;

Amendment 615 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; ~~emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework;~~

Amendment 616 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems can~~not provide such a basis, but can only serve as a preliminary analytical framework~~ represent the first step towards such a basis;

Amendment 617 #

Motion for a resolution
Paragraph 24

24. Recalls th~~e Commission's commitment to proposing a basis of minimum social right~~at, in its 2016 work programme, the Commission planned to establish a Pillar of Social Rights to analyse existing gaps in order to make progress towards greater alignment between social and work issues; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework;

Amendment 618 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minim~~um social right~~al social rights; stresses the need for upward social convergence hence warns against making the lowest common denominator the rule for all Member States; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework;

Amendment 619 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission'’s commitment to proposing a basis of minimum social rights to guarantee minimum European standards, and to ensuring a minimum level of contributions and taxes to play a part in sufficient levels of social services and benefits; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework; notes that comparable social protection is required to achieve a European social model;

Amendment 62 #

Motion for a resolution
Recital B c (new)

B c. having regard to the fact that precise definition of problems is a prerequisite for any possible future action in this field,

Amendment 620 #

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework; hopes, therefore, that we can move, as quickly as possible, from words to a concrete proposal in this area;

Amendment 621 #

Tom VANDENKENDELAERE, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 24

24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework; stresses that the adoption of minimum social rights should not lead to lowering of already existing labour and social standards;

Amendment 622 #

Motion for a resolution
Paragraph 24 a (new)

24a. Recalls that in some economic sectors, the working hours system varies according with its seasonal constraints;

Amendment 623 #

Motion for a resolution
Paragraph 25

Amendment 624 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 25

Amendment 625 #

Motion for a resolution
Paragraph 25

Amendment 626 #

Motion for a resolution
Paragraph 25

25. ~~Desire~~Recalls that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workersMember States have the competence to establish minimum rates of pay via law and / or collective agreements; reminds that Article 153 TFEU excludes "pay" as EU competence;

Amendment 627 #

Motion for a resolution
Paragraph 25

25. ~~Desire~~Considers that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average nationals that enable workers to live a decent life are important for social cohesion and for maintaining a productive economy, but recalls that the setting of wage~~; c~~s falls ~~on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile worker~~within the competency of the Member States;

Amendment 628 #

Motion for a resolution
Paragraph 25

25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workersEncourages Member States to introduce, according to their national law and practice and after consulting social partners, a national minimum wage; invites Member States, where this is feasible, to make the minimum wage represent at least 60% of the average national wage;

Amendment 629 #

Guillaume BALAS, Maria João RODRIGUES, Marita ULVSKOG, Jutta STEINRUCK, Agnes JONGERIUS, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Maria ARENA, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO

Motion for a resolution
Paragraph 25

25. ~~Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legisla~~calls for the respect and promotion orf co~~nvention, in accordance with national practices, with du~~llective bargaining as well as the res~~pect for the role of the social partners; believes that these wage floors should represent~~tablishment of wage floors in the form of, where applicable, decent minimum wages, of at least 60% of the ~~averag~~respective national ~~wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some bord~~average wage with a view to end the competitive wage race to the bottom, to support aggregate demand and economic recovery a~~reas associated with highly mobile worker~~nd to reduce wage inequalities;

Amendment 63 #

Motion for a resolution
Recital B d (new)

B d. having regard to the better regulation agenda1a proclaimed by President Juncker on 19/5/15, legal acts have been introduced only recently and have been still being implemented cannot be revised without professional preparation and unbiased consultations, which means that impact assessment and competitiveness proofing test, which is part of the Commission's integrated impact assessment approach since 2012, are of utmost importance, __________________ 1a COM(2015) 215 final

Amendment 630 #

Motion for a resolution
Paragraph 25

25. ~~Wish~~Urges that ~~wage floors be established~~the introduction of wage floors be examined by Member States, possibly in the form of a minimum wage; emphasises that this instrument should be set up by Member States on the basis of legislation or convention, in accordance with national practices, with due respect for the role of ~~the~~ social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult social partners with a view to introducing, where appropriate, a minimum wage in certain cross-border sectors which are characterised by highly mobile worktakes the view that the level of the wage floor should be determined by the social partners;

Amendment 631 #

Motion for a resolution
Paragraph 25

25. Desires that wage ~~floors~~mechanism be established, ~~possibly in the form of a minimum wag~~where appropriate, to guarantee equal pay for equal work in the same place; emphasises that this instrument should be set up on the basis of legislation or co~~nvention~~llective agreement, in accordance with national practices, with due respect for the role and the autonomy of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners ~~with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers~~fully before presenting any measures to introduce a system for delivering equal pay for equal work in the same place;

Amendment 632 #

Motion for a resolution
Paragraph 25

25. Desires that national wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 633 #

Motion for a resolution
Paragraph 25

25. ~~Wishes that wage floors be established~~Supports the establishment of wage floors, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 634 #

Motion for a resolution
Paragraph 25

Amendment 635 #

Motion for a resolution
Paragraph 25

Amendment 636 #

Motion for a resolution
Paragraph 25

25. ~~Desires that wage floors b~~Encourages each Member State to adopt a national minimum wage, with due res~~tablished, possibly in the form of a minimum wage~~pect for national practice in that area and for the principle of subsidiarity; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; ~~believes that these wage floors should represent at least 60% of the average national wage;~~ calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 637 #

Motion for a resolution
Paragraph 25

Amendment 638 #

Motion for a resolution
Paragraph 25

25. Desires that wage floors be established, possibly in the form of a minimum wage with due respect for the practices of each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; ~~believes that these wage floors should represent at least 60 % of the average national wage;~~ calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers and in particular in the road transport sector;

Amendment 639 #

Motion for a resolution
Paragraph 25

Amendment 64 #

Motion for a resolution
Recital B e (new)

B e. whereas all proposals related to legislation the European Commission intends to examine and revise must be evidence-based, proportional, and under no circumstance must not go beyond of what is laid down in current Treaties,

Amendment 640 #

Motion for a resolution
Paragraph 25

25. Wishes that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; ~~believes that these wage floors should represent at least 60 % of the average national wage;~~ calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 641 #

Motion for a resolution
Paragraph 25

Amendment 642 #

Motion for a resolution
Paragraph 25

25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 6070 % of the average ~~national wage~~wage in the European Union; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers; (The threshold of 60% is also too low for fighting social and wage dumping, and should not be calculated on the basis of the average national wage, but on that of the EU.)

Amendment 643 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO

Motion for a resolution
Paragraph 25

25. Desires that wage floors be established, possibly in the form of a minimum wage per each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 644 #

Motion for a resolution
Paragraph 25

25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers, a compulsory and automatic inclusion of posted workers in the relevant collective agreements at their place of work; where no local collective agreement exist, posted workers shall covered by the relevant sectorial collective agreement or law of the country they work in;

Amendment 645 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Agnes JONGERIUS, Maria ARENA, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Flavio ZANONATO, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 25 a (new)

25a. calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;

Amendment 646 #

Jan KELLER, Olga SEHNALOVÁ

Motion for a resolution
Paragraph 25 a (new)

25a. Calls on the Commission to recommend that Member States reduce or eliminate differences in taxation and social security contributions between self- employed persons and employees;

Amendment 647 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Marita ULVSKOG, Agnes JONGERIUS, Evelyn REGNER, Edouard MARTIN, Brando BENIFEI, Flavio ZANONATO

Motion for a resolution
Paragraph 25 b (new)

25b. Stresses the recognised expertise of employees' representatives with regard to a business's strategic choices and decision-making to prevent unfair competition practises;

Amendment 648 #

Motion for a resolution
Paragraph 26

~~26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;~~deleted

Amendment 649 #

Motion for a resolution
Paragraph 26

~~26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;~~deleted

Amendment 65 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C-34/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumping, __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?t ext=&docid=71925&pageIndex=0&docla ng=EN&mode=lst&dir=&occ=first&part= 1&cid=498309deleted

Amendment 650 #

Motion for a resolution
Paragraph 26

~~26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;~~deleted

Amendment 651 #

Motion for a resolution
Paragraph 26

26. ~~Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area~~Takes note of the potential value of European automatic stabilisers for strengthening the sustainability of the EMU as a whole; stresses that such stabilisers should not lead to the creation of permanent transfers;

Amendment 652 #

Motion for a resolution
Paragraph 26

26. Supports the further development of ~~unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within~~existing support mechanisms such as the eEuro ~~area~~pean Globalisation Fund;

Amendment 653 #

Joachim SCHUSTER

Motion for a resolution
Paragraph 26

26. Supports the development of ~~unemployment benefit arrangements as a mechanism for~~a fiscal capacity for the euro area to absorb~~ing~~ asymmetric ~~social shocks within the euro area;~~shocks and to boost investment.

Amendment 654 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 26

26. Supports the development ~~of unemployment benefit arrangements as~~, after studying and analysing all the options, of a mechanism for absorbing asymmetric ~~social~~ shocks within the euro area;

Amendment 655 #

Motion for a resolution
Paragraph 26

26. ~~Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within~~Proposes that the Commission and the Member States give further thought to establishing European unemployment insurance for the euro area;

Amendment 656 #

Motion for a resolution
Paragraph 26

26. ~~Supports~~Even though the development of unemployment benefit arrangements debated between 2012-2014 without conclusion, as a mechanism for absorbing asymmetric social shocks within the euro area; can be questioned based on the fact that each Member State has its own traditions and practices and the fact that convergence in incomes was faster in Europe than elsewhere (GDP per capita levels in 1970 and growth from 1970 to 2009);1 a __________________ 1a Raiser, Martin; Gill, Indermit S.. 2012. Golden Growth : Restoring the Lustre of the European Economic Model. Washington, DC: World Bank. © World Bank. https://openknowledge.worldbank.org/han dle/10986/6016 License: CC BY 3.0 IGO., p. 41

Amendment 657 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 26

26. Supports the ~~development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area~~exchange of best practice between Member States on the development of unemployment benefit arrangements; stresses that the provision and management of social security systems is a Member State competence and are diversely structured which the Union coordinates but does not harmonise;

Amendment 658 #

Motion for a resolution
Paragraph 26

26. Supports the ~~development of~~ unemployment benefit arrangements a~~s a mechanism f~~t Member States level and their por tab~~sorbing asymmetric social shocks within the euro area~~ility under the EU social security coordination;

Amendment 659 #

Motion for a resolution
Paragraph 26

26. ~~Supports the development of unemployment benefit arrangement~~Emphasises the significance of national unemployment benefit arrangements, and encourages enhanced cooperation between national employment agencies as a mechanism for absorbing asymmetric social shocks within the euro area;

Amendment 66 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 20073 ~~highlighted the legitimacy of the struggle against~~ does not analyse or define the term 'social dumping' at all, __________________ 3 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 660 #

Motion for a resolution
Paragraph 26

26. Supports the development of effective and efficient national unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks ~~within the euro area~~;

Amendment 661 #

Motion for a resolution
Paragraph 26

26. Supports the development of ~~unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area~~a system of solidarity which enables countries undergoing an asymmetric economic shock to maintain their policy of compensation for people who have lost their jobs and to expand their return-to- work policies; this system should be temporary and dependent on an action plan validated by the Commission;

Amendment 662 #

Motion for a resolution
Paragraph 26

26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area, whilst taking into consideration standards for upcoming Member States legally binded to join the euro area;

Amendment 663 #

Motion for a resolution
Paragraph 26

26. Supports the development of European unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;

Amendment 664 #

Motion for a resolution
Paragraph 26

26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area; stresses the need to accompany social stabilisers with effective employment policies that have the main aim of creating quality jobs;

Amendment 665 #

Motion for a resolution
Paragraph 26 a (new)

26a.Sees no need to develop an EU-wide unemployment benefit system; fears that this would represent the first step towards the establishment of a transfer union;

Amendment 666 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors and the entire subcontracting chain;deleted

Amendment 667 #

Motion for a resolution
Paragraph 27

Amendment 668 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission to propose a legal instrument to address the cross- border dimensions of sub-contracting, extending the joint and several liability of the payer to include all economic sectors and the entire sub-contracting chain;deleted

Amendment 669 #

Motion for a resolution
Paragraph 27

Amendment 67 #

Danuta JAZŁOWIECKA, Georges BACH, Heinz K. BECKER, Eduard KUKAN

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted the ~~legitimacy of the struggle against social dumping~~right to undertake collective action against possible social dumping and emphasized that such action must be proportionate in order not to restrict the fundamental freedoms of the EU, such as the freedom to provide services, __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 670 #

Thomas MANN

Motion for a resolution
Paragraph 27

Amendment 671 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 27

27. Calls on the ~~Commission to propose a~~Member States together with the Commission to consider the need for taking action at EU legavel in~~strument~~ line with the principle of subsidiarity to address the cross- border dimensions of outsourcing~~, extending the joint and several liability of the payer to include all economic sectors and the en~~; highlights in the regard the benefits of non-legislatirve ~~subcontracting chain~~initiatives;

Amendment 672 #

Motion for a resolution
Paragraph 27

27. CRecalls ~~on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors a~~that Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds th~~e entire subcontracting chain~~at such a possibility was confirmed by the Enforcement Directive on the Posting of workers;

Amendment 673 #

Anne SANDER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 27

27. Calls on the Commission to propose a legal instrument to address the cross-border dimensions of outsourcing, ~~exten~~including the joint and several liability of the payer ~~to include all economic sectors and the entir~~for the working conditions and minimum income guaranteed by the subcontracting chain;

Amendment 674 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission to ~~propose a legal instrument to~~ address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors ~~and the entire subcontracting chain~~;

Amendment 675 #

Danuta JAZŁOWIECKA, Heinz K. BECKER, Georges BACH, Eduard KUKAN

Motion for a resolution
Paragraph 27 a (new)

27a. Calls on the Commission to increase economic resources and the number of instruments aimed at fighting speculation through the abuse of subcontracting agreements and, therefore, the subsequent suppression of the rights and safety of workers; (in certain cases, subcontracting, like the failure to respect working hours, constitutes a reprehensible speculative instrument.)

Amendment 676 #

Motion for a resolution
Paragraph 27 a (new)

27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;

Amendment 677 #

Motion for a resolution
Paragraph 28

28. CRecalls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventionthat the provisions of the Enforcement Directive on subcontracting liability are designed to ensure the security in the supply chain for workers;

Amendment 678 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 28

28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation ofMember States and the Commission where appropriate to consider the social and economic arguments in favour of ratifying and implementing ILO Conventions;

Amendment 679 #

Motion for a resolution
Paragraph 28

28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countriesall relevant stakeholders to put in place an appropriate cooperation in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;

Amendment 68 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted the ~~legitimacy of the struggle against social dumping,~~right to take collective action against possible social dumping without undermining the freedom to provide services as enshrined in the Treaties; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 680 #

Motion for a resolution
Paragraph 28

28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of ~~both their subsidiaries and~~ their subcontractors operating in third countries ~~in order to prevent the risk of human rights violations, corruption, severe physical injury or environmental damage or the violation of ILO Conventions~~;

Amendment 681 #

Motion for a resolution
Paragraph 28

28. Calls on the Commission to ~~also propose an appropriate legislative instrument providing that companies have a duty of care for which they may be held liable, in~~examine how companies can be required to have a greater duty of care with respect to~~f both~~ their subsidiaries ~~and their sub-contractors~~ operating in third countries in order to prevent the risk of violations of human rights, corruption, ~~severe~~ physical injury or environmental damage and the violation of ILO Conventions;

Amendment 682 #

Motion for a resolution
Paragraph 28

28. Calls on ~~the Commission to propose~~all levels of government and a~~ppropriate legislative vehicle providing that companies have a duty of care for which they may be held liable~~ll offices to increase the liability of companies, in respect of both their subsidiaries as well as their subcontractors operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;

Amendment 683 #

Motion for a resolution
Paragraph 28

28. Calls on ~~the Commission to propose an appropriate legislative vehicle providing that companies hav~~enterprises to assume a duty of care for which they may be held liable, in respect of both their subsidiaries and their ~~subcontracto~~outsourcers operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;

Amendment 684 #

Motion for a resolution
Paragraph 28

28. ~~Calls on the Commission to propose an appropriate legislative vehicle providing~~Recommends that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;

Amendment 685 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Paragraph 28

28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions; proposes, for this purpose, the inclusion in outsourcing contracts of a clause guaranteeing advance declaration and direct payment of sub-contractors by the principal, in order to ensure joint and several liability in the outsourcing chain;

Amendment 686 #

Motion for a resolution
Paragraph 28 a (new)

28a. Demands a thorough revision of the Posted Workers Directive, and calls for the principle of ‘equal pay for equal work’ to be laid down in black and white and for the host country to be entitled to apply to foreign workers its own legislation on working conditions and collective labour agreements;

Amendment 687 #

Motion for a resolution
Paragraph 28 a (new)

28a. Emphasises that in its resolution of 6 February 2013 on Corporate Social Responsibility, CSR, (2012/2097 (INI)), the European Parliament made it absolutely clear that charitable activities shall never be an obligation in a free society within the framework of CSR; firmly believes that a commitment to CSR would lead people to be less receptive to charity;

Amendment 688 #

Motion for a resolution
Paragraph 28 a (new)

28a. Considers it essential, in strict compliance with Article 9 TFEU, to include in any European Union trade agreements social and environmental standards for the parties to combat unfair competition and defend the European social model;

Amendment 689 #

Danuta JAZŁOWIECKA, Georges BACH, Elisabeth MORIN-CHARTIER, Eduard KUKAN

Motion for a resolution
Paragraph 28 b (new)

28 b. requests that enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement; emphasises that this leads to unreasonably high bureaucratic costs and would jeopardise social commitment instead of promoting it;

Amendment 69 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping, and delimitation of respective actions based on the provisions of the Treaty on the other; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 690 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Paragraph 29

~~29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revised before any trade agreement including provisions relating to 'Mode 4' can be concluded;~~deleted

Amendment 691 #

Motion for a resolution
Paragraph 29

Amendment 692 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX

Motion for a resolution
Paragraph 29

Amendment 693 #

Motion for a resolution
Paragraph 29

Amendment 694 #

Motion for a resolution
Paragraph 29

Amendment 695 #

Tom VANDENKENDELAERE, Tomáš ZDECHOVSKÝ, Jeroen LENAERS

Motion for a resolution
Paragraph 29

Amendment 696 #

Motion for a resolution
Paragraph 29

Amendment 697 #

Motion for a resolution
Paragraph 29

29. Considers that ~~Directive 96/71/EC and the rules coordinating social security systems must be revised before any trade agreement including provisions relat~~WTO Mode 4 (Mode 4) regulation of the employment of posted workers from a third country and taking place within the framework of trade agreements can only be achieved with reference to the regulations and directives regulating the internal mobility of workers employed by enterprises established in EU Member States; considers, in view of this, that a means for European investments ing t~~o 'Mode 4' can be concluded~~hird-country enterprises must be opened up, but it cannot lead to more favourable treatment of the interested parties than the enterprises and workers of EU Member States receive;

Amendment 698 #

Motion for a resolution
Paragraph 29

29. Considers that ~~Directive 96/71/EC and the rules coordinating social security systems must be revised before any trade agreement including provisions relating to 'Mode 4' can be concluded~~the social security systems must not be subverted by concluding trade agreements;

Amendment 699 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Paragraph 29

29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be ~~revi~~analysed before any trade agreement including provisions relating to 'Mode 4' can be concluded;

Amendment 7 #

Motion for a resolution
Citation 1 b (new)

- having regard to the fundamental freedom of movement of workers laid down in Article 45 TFEU,

Amendment 70 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05, Laval, of 18 December 20073 highlighted the legitimacy of the struggle against social dumping and that it must be viewed together with the fundamental freedoms; __________________ 3 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =DE&mode=lst&dir=&occ=first&part=1& cid=498309.

Amendment 700 #

Motion for a resolution
Paragraph 29

29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be ~~revis~~fully applied before any trade agreement including provisions relating to 'Mode 4' can be concluded;

Amendment 701 #

Motion for a resolution
Paragraph 29 a (new)

29a. Calls on the Commission and Member States to carefully consider the proposal to grant market economy status (MES) to China, and then act accordingly; believes that making this decision without involving the European Parliament, the only body that is democratically elected by European citizens, would put the economy, productivity and employment throughout the European Union at serious risk; therefore recommends considering this prospect as opening us up to the serious risk of unfair competition, the dumbing down of social guarantees and a huge loss of jobs, making the paradigm of social dumping more than just symbolic;

Amendment 702 #

Motion for a resolution
Paragraph 29 a (new)

29 a. Asks the Commission to take the recommendations in this resolution into account as far as possible in the ‘worker mobility package’;

Amendment 703 #

Motion for a resolution
Paragraph 29 a (new)

29a. Stresses the need for a better coordination of the different European policies;

Amendment 704 #

Motion for a resolution
Paragraph 29 b (new)

29b. Calls for a strengthened European coordination to move towards a social convergence, for the creation of a renewed European social model.

Amendment 71 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted th~~e legitimacy of the struggle against social dumping,~~ at the protection of workers against possible social dumping may constitute an overriding reason of public interest which could justify an infringement of free movement of services, but also that the EU Posted Workers Directive 96/71 EC cannot be interpreted as allowing the host Member State to make the provision of services in its territory conditional on the observance of terms and conditions of employment which go beyond the mandatory rules for minimum protection. __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 72 #

Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 20073 ~~highlighted the legitimacy of the struggle against social dumping;~~ pointed out inconsistencies in the national legislation with the provisions of European Union law which does not prohibit collective action if a trade union forces, under such legislation, undertakings established in other Member States, posting workers to work by providing services, to sign a collective agreement with it, or apply provisions of a collective agreement if these provisions are beyond the obligatory rules of Directive 96/71/EC on the posting of workers. In the case of such collective action, undertakings established in other Member States could feel forced to join a collective agreement the provisions of which are related to issues beyond the obligatory provisions of Directive 96/71/EC concerning the posting of workers from other Member States. This may make it more difficult for such undertakings to perform work in other Member States, which, according to Article 49 of the Treaty establishing the European Community, means the restriction of the freedom of provision of services; __________________ 3 http://curia.europa.eu/juris/document/docu ment.jsf?text=&docid=71925&pageIndex= 0&doclang=HU&mode=lst&dir=&occ=firs t&part=1&cid=587808.

Amendment 73 #

Motion for a resolution
Recital C

C. whereas the Court of Justice of the European Union, in its judgment in the C- 341/05 Laval case of 18 December 20073, highlighted the legitimacy of the struggle against social dumping, but whereas the first strikes and protest actions held to denounce this type of practice were sharply criticised by the Court of Justice of the European Union, which found that they ‘hampered the free movement of persons’; whereas the Laval judgment found against the Swedish trade unions that had paralysed the workshop of a Latvian construction company, which was building a school in Sweden and paying Latvian wages; __________________ 3 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =FR&mode=lst&dir=&occ=first&part=1& cid=498309

Amendment 74 #

Motion for a resolution
Recital C a (new)

C a. whereas the European Social Charter should be acknowledged as the most mature and most detailed expression of the consensus of the Member States in the area of fundamental social rights and hence needs to be put on equal footing with the freedom of movement in order to provide a tangible added value for all European citizens,

Amendment 75 #

Motion for a resolution
Recital C a (new)

C a. having regard to the interpretation of social rules in transport and the Commission guidelines allow for sufficient flexibility for businesses to operate, if any ambiguities occur as regard the interpretation of the current legal provisions, there are a lot of fora to clarify them, such as an international organisation Euro Contrôle Route (ECR),

Amendment 76 #

Guillaume BALAS, Maria João RODRIGUES, Jutta STEINRUCK, Miapetra KUMPULA-NATRI, Marita ULVSKOG, Agnes JONGERIUS, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Maria ARENA, Edouard MARTIN, Brando BENIFEI, Elena GENTILE, Ole CHRISTENSEN, Flavio ZANONATO

Motion for a resolution
Recital C a (new)

C a. whereas the concept of social dumping, without benefiting from a legally recognised and shared definition, covers a wide scope of abusive practices and situations enabling the development of unfair competition through tree main dimensions: - the economic aspect: the use by certain economic actors of illegal practices such as undeclared work or abusive practices such as bogus self employment can lead to major market distortions which are detrimental to bona fide companies, notably SMEs; agriculture, building, construction and food sectors, transport, care and domestic services are the main sectors concerned; - the social aspect: unfair competition can lead to a situation of inequality of treatment between European workers and deprive them from the effective exercise of their social and labour rights; - the financial aspect : the reduction of social contributions and taxes represent a threat for the financial sustainability of social security systems of Member States;

Amendment 77 #

Danuta JAZŁOWIECKA, Georges BACH, Heinz K. BECKER, Claude ROLIN, Eduard KUKAN

Motion for a resolution
Recital C a (new)

C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;

Amendment 78 #

Motion for a resolution
Recital C a (new)

C a. having regard to the fact that there is no legal definition of social dumping which may create confusion and stigmatise cases of legal competitiveness based on lower labour costs;

Amendment 79 #

Martina DLABAJOVÁ, Marian HARKIN, Ulla TØRNÆS, Renate WEBER

Motion for a resolution
Recital C a (new)

C a. having regard to the fact that there is no legal definition of social dumping which may create confusion and stigmatise cases of legal competitiveness based on lower labour costs;

Amendment 8 #

Motion for a resolution
Citation 3 a (new)

- having regard to the on-going implementation of Directive 2014/67/EU,

Amendment 80 #

Motion for a resolution
Recital C a (new)

C a. whereas there is no clear, universally accepted definition of social dumping, whereas as a rule, the activities relating to social dumping are considered not to be in compliance with the minimum requirements of labour standards;

Amendment 81 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Czesław HOC, Zdzisław KRASNODĘBSKI, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital C a (new)

C a. whereas there is no clear, universally accepted definition of social dumping;

Amendment 82 #

Motion for a resolution
Recital C a (new)

C a. having regard that there is a lack of legal clarity of the concept of social dumping and that activities associated with the term "social dumping" are illegal under all circumstances, such as undeclared work and bogus self- employment,

Amendment 83 #

Danuta JAZŁOWIECKA, Georges BACH, Heinz K. BECKER, Eduard KUKAN

Motion for a resolution
Recital C a (new)

C a. whereas "social dumping" constitutes illegal behaviour on behalf of an employer that disrupts the normal functioning of the market namely by failing to comply with the applicable labour and social protection legislation;

Amendment 84 #

Motion for a resolution
Recital C b (new)

C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;

Amendment 85 #

Motion for a resolution
Recital C b (new)

C b. whereas undefined terms in the EU acts favour arbitrary interpretation which may lead to different national solutions, aimed at fighting the abuses but contrary to fundamental freedoms of the single market;

Amendment 86 #

Danuta JAZŁOWIECKA, Georges BACH, Heinz K. BECKER, Eduard KUKAN

Motion for a resolution
Recital C b (new)

Amendment 87 #

Motion for a resolution
Recital C b (new)

C b. whereas the multiplication of abusive practices and exercise of unfair competition weakens support to the principle of the internal market and undermines confidence in European integration;

Amendment 88 #

Motion for a resolution
Recital C b (new)

C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;

Amendment 89 #

Motion for a resolution
Recital C c (new)

Cc. having regard to the balance between social and economic rights stipulated in the Treaty and confirmed by the European Court of Justice in its several judgements (Laval und Partneri (C- 341/05), Rüffert (C-346/06), Luxembourg (C-319/06), proving that the exercise of certain rights constituting a restriction to the basic freedoms of movement cannot always be justified with regard to the objective of protecting workers;

Amendment 9 #

Motion for a resolution
Citation 7

— having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council on establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market,6, __________________ 6 OJ L 300, 14.11.2009, p. 72. OJ L 300, 14.11.2009, p. 72.

Amendment 90 #

Motion for a resolution
Recital C c (new)

Amendment 91 #

Danuta JAZŁOWIECKA, Heinz K. BECKER, Georges BACH, Eduard KUKAN

Motion for a resolution
Recital D

D. whereas the ~~importance of the principle of “equal pay and social protection for the same work at the same place” for all European workers~~ever more frequent posting frauds undermining the rights of European workers and the ever more frequent instances of unfair competition resulting from the disparities in social standards in the European Union are affecting the competitiveness of businesses, in particular of SMEs, and making genuine social convergence essential;

Amendment 92 #

Motion for a resolution
Recital D

D. having regard to ~~the importance of the principle of 'equal pay and social protectio~~Article 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor ~~the same work at the same place' for all European workers,~~kers of the Member States as regards employment, remuneration and other conditions of work and employment;

Amendment 93 #

Anthea McINTYRE, Arne GERICKE, Amjad BASHIR, Helga STEVENS, Morten MESSERSCHMIDT, Jana ŽITŇANSKÁ

Motion for a resolution
Recital D

D. ~~having regard to the importance of the principle of 'equal pay and social protection for the same~~whereas the Commission is currently investigating ways to develop a formula introducing a principle of 'equal pay for equal work atin the same place' ~~for all European workers,~~at EU level;

Amendment 94 #

Motion for a resolution
Recital D

D. ~~having regard to the importance of the principle of 'equal pay and social protection for the same work at the same place' for all European~~whereas Directive 96/71/EC guarantees minimum wage rates for posted workers;

Amendment 95 #

Motion for a resolution
Recital D

D. having regard to the ~~importance of the~~ principle of 'equal pay and social protection for the same work at the same place' for all European workers would constitute a serious barrier to the free movement of services; such principle has no legal basis and does not comply with TFEU, it is legally and practically unattainable and pay is only one elements of running companies and entrepreneurship,

Amendment 96 #

Motion for a resolution
Recital D

D. ~~having regard to the importance~~whereas the EU has no regulatory powers under Article 153(5) TFEU in respect of the principle of ‘equal pay and the same social protection for the same work at the same place’ for all European workers, and whereas this principle violates the freedom to provide services;

Amendment 97 #

Thomas MANN

Motion for a resolution
Recital D

D. ~~having regard to the importance of~~whereas the principle of ‘ equal pay ~~and social protection~~ for the same work at the same place~~' for all European workers~~’ jeopardises the freedom to engage in collective wage bargaining;

Amendment 98 #

Motion for a resolution
Recital D

D. having regard to the importance of the principle of ~~'equal pay and social protection for the same work at the same place'~~freedom of movement and equal treatment for all European workers,

Amendment 99 #