2023/2866(RSP) Resolution on the revision of the European Labour Authority mandate
Lead committee dossier:
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | RADTKE Dennis ( EPP), JONGERIUS Agnes ( S&D) | MIHÁL Jozef ( Renew), SATOURI Mounir ( Verts/ALE), RAFALSKA Elżbieta ( ECR), DEMIREL Özlem ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 132-p2
Legal Basis:
RoP 132-p2Subjects
Events
2024/01/18
EP - Text adopted by Parliament, single reading
Documents
2024/01/18
EP - Decision by Parliament
Documents
2024/01/15
EP - Debate in Parliament
Documents
2024/01/12
EP - Motion for a resolution
Documents
2023/10/27
EP - Amendments tabled in committee
Documents
2023/09/19
EP - RADTKE Dennis (EPP) appointed as rapporteur in EMPL
2023/09/19
EP - JONGERIUS Agnes (S&D) appointed as rapporteur in EMPL
Documents
- Text adopted by Parliament, single reading: T9-0052/2024
- Decision by Parliament: T9-0052/2024
- Debate in Parliament: Debate in Parliament
- Motion for a resolution: B9-0059/2024
- Amendments tabled in committee: PE754.935
- Amendments tabled in committee: PE754.935
- Motion for a resolution: B9-0059/2024
- Text adopted by Parliament, single reading: T9-0052/2024
Activities
- Dragoş PÎSLARU
Institutional Motions (1)
Votes
B9-0059/2024 – § 1 – Am 1 #
2024/01/18 Outcome: -: 320, +: 90, 0: 22
SE | HU | MT | EL | CZ | LV | SK | DK | BE | EE | FI | AT | HR | SI | LU | LT | BG | IT | IE | NL | RO | PL | PT | ES | FR | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
13
|
11
|
1
|
5
|
19
|
3
|
9
|
10
|
13
|
7
|
10
|
14
|
8
|
8
|
6
|
7
|
9
|
42
|
8
|
18
|
17
|
30
|
18
|
31
|
58
|
57
|
|
ID |
43
|
1
|
3
|
1
|
3
|
Germany IDFor (8) |
|||||||||||||||||||||
ECR |
29
|
1
|
4
|
1
|
1
|
1
|
2
|
2
|
3
|
2
|
|||||||||||||||||
NI |
29
|
Hungary NIFor (7)Against (1) |
1
|
1
|
1
|
1
|
1
|
1
|
Italy NIFor (2)Against (6) |
3
|
2
|
2
|
|||||||||||||||
The Left |
17
|
1
|
1
|
1
|
1
|
1
|
1
|
2
|
2
|
France The LeftAgainst (5) |
2
|
||||||||||||||||
Verts/ALE |
49
|
2
|
3
|
2
|
1
|
2
|
3
|
1
|
1
|
3
|
1
|
3
|
1
|
3
|
France Verts/ALEAgainst (10) |
Germany Verts/ALEAgainst (13) |
|||||||||||
Renew |
80
|
2
|
2
|
1
|
4
|
1
|
2
|
4
|
3
|
3
|
3
|
1
|
1
|
2
|
2
|
1
|
3
|
2
|
2
|
Netherlands RenewAgainst (5) |
Romania RenewAgainst (6) |
1
|
Spain RenewFor (1)Against (5) |
France RenewAgainst (17) |
Germany RenewFor (1)Against (5) |
||
S&D |
82
|
2
|
1
|
1
|
1
|
1
|
3
|
2
|
2
|
1
|
Austria S&DAgainst (5) |
3
|
2
|
1
|
1
|
1
|
Italy S&DAgainst (6) |
2
|
Romania S&DAgainst (5) |
Poland S&DAgainst (6) |
Portugal S&DAgainst (9) |
Spain S&DFor (1)Against (13) |
France S&DAgainst (5) |
Germany S&DFor (1)Against (7) |
|||
PPE |
103
|
5
|
1
|
1
|
Czechia PPEFor (1)Against (1)Abstain (2) |
1
|
4
|
2
|
1
|
2
|
2
|
2
|
4
|
2
|
4
|
3
|
Italy PPEAgainst (7) |
5
|
Netherlands PPEAgainst (5) |
Romania PPEFor (1)Against (5) |
Poland PPEFor (1)Against (10) |
Portugal PPEAgainst (6) |
1
|
France PPEAgainst (6) |
Germany PPEAgainst (18) |
B9-0059/2024 – § 2 – Am 2 #
2024/01/18 Outcome: -: 325, +: 120, 0: 11
HU | SE | PL | SK | MT | CZ | LV | EL | BG | AT | HR | BE | LU | EE | IT | LT | SI | FI | DK | IE | NL | FR | RO | PT | ES | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
13
|
15
|
42
|
11
|
1
|
17
|
3
|
3
|
9
|
15
|
8
|
12
|
6
|
6
|
42
|
8
|
8
|
11
|
11
|
11
|
20
|
61
|
16
|
17
|
32
|
58
|
|
ID |
44
|
1
|
3
|
3
|
Germany IDFor (9) |
||||||||||||||||||||||
ECR |
39
|
2
|
Poland ECRFor (21)Adam BIELAN, Anna ZALEWSKA, Beata KEMPA, Beata MAZUREK, Beata SZYDŁO, Bogdan RZOŃCA, Dominik TARCZYŃSKI, Elżbieta RAFALSKA, Grzegorz TOBISZOWSKI, Izabela-Helena KLOC, Jacek SARYUSZ-WOLSKI, Jadwiga WIŚNIEWSKA, Joachim Stanisław BRUDZIŃSKI, Joanna KOPCIŃSKA, Kosma ZŁOTOWSKI, Krzysztof JURGIEL, Patryk JAKI, Rafał ROMANOWSKI, Tomasz Piotr PORĘBA, Witold Jan WASZCZYKOWSKI, Zdzisław KRASNODĘBSKI
Abstain (1) |
1
|
2
|
2
|
2
|
1
|
4
|
3
|
|||||||||||||||||
NI |
35
|
Hungary NIFor (10) |
3
|
1
|
1
|
2
|
1
|
Italy NIFor (1)Against (7) |
1
|
3
|
3
|
2
|
|||||||||||||||
The Left |
17
|
1
|
1
|
1
|
1
|
1
|
3
|
1
|
4
|
1
|
2
|
1
|
|||||||||||||||
Verts/ALE |
52
|
1
|
3
|
3
|
2
|
1
|
3
|
1
|
3
|
2
|
1
|
3
|
France Verts/ALEAgainst (12) |
1
|
2
|
Germany Verts/ALEAgainst (14) |
|||||||||||
Renew |
76
|
2
|
2
|
1
|
2
|
Czechia RenewAgainst (2)Abstain (2) |
1
|
1
|
3
|
1
|
1
|
2
|
2
|
3
|
2
|
1
|
2
|
3
|
Denmark RenewFor (1)Against (4) |
2
|
Netherlands RenewAgainst (4) |
15
|
Romania RenewAgainst (6) |
Spain RenewAgainst (5) |
Germany RenewFor (1)Against (5) |
||
PPE |
106
|
Sweden PPE |
Slovakia PPEFor (1)Against (1)Abstain (2) |
1
|
Czechia PPEFor (1)Against (1)Abstain (2) |
1
|
1
|
3
|
3
|
2
|
1
|
2
|
1
|
Italy PPEAgainst (6) |
4
|
4
|
2
|
5
|
Netherlands PPEAgainst (5) |
France PPEFor (6)Abstain (1) |
Romania PPEAgainst (6) |
Portugal PPEAgainst (6) |
2
|
Germany PPEAgainst (17) |
|||
S&D |
87
|
1
|
3
|
Poland S&DAgainst (6) |
1
|
1
|
1
|
1
|
Austria S&DAgainst (5) |
3
|
2
|
1
|
2
|
Italy S&DAgainst (7) |
1
|
2
|
1
|
3
|
3
|
France S&DAgainst (6) |
4
|
Portugal S&DAgainst (9) |
Spain S&DAgainst (15)
Alicia HOMS GINEL,
César LUENA,
Domènec RUIZ DEVESA,
Eider GARDIAZABAL RUBIAL,
Ibán GARCÍA DEL BLANCO,
Inma RODRÍGUEZ-PIÑERO,
Iratxe GARCÍA PÉREZ,
Isabel GARCÍA MUÑOZ,
Javi LÓPEZ,
Javier MORENO SÁNCHEZ,
Jonás FERNÁNDEZ,
Juan Fernando LÓPEZ AGUILAR,
Laura BALLARÍN CEREZA,
Lina GÁLVEZ,
Nicolás GONZÁLEZ CASARES
|
Germany S&DFor (1)Against (8) |
B9-0059/2024 – § 4 – Am 3 #
2024/01/18 Outcome: -: 345, +: 85, 0: 39
HU | SE | MT | CZ | EL | LV | HR | SK | EE | SI | LU | DK | LT | BG | FI | BE | AT | IT | IE | NL | PT | RO | PL | FR | ES | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
13
|
15
|
1
|
19
|
5
|
3
|
8
|
11
|
7
|
7
|
6
|
11
|
7
|
9
|
10
|
14
|
14
|
43
|
12
|
18
|
17
|
18
|
40
|
64
|
37
|
60
|
|
ID |
45
|
1
|
1
|
3
|
3
|
Germany IDFor (8) |
|||||||||||||||||||||
ECR |
37
|
1
|
4
|
1
|
1
|
2
|
1
|
2
|
3
|
Poland ECRAbstain (19)
Adam BIELAN,
Andżelika Anna MOŻDŻANOWSKA,
Anna ZALEWSKA,
Beata KEMPA,
Beata MAZUREK,
Beata SZYDŁO,
Bogdan RZOŃCA,
Dominik TARCZYŃSKI,
Elżbieta RAFALSKA,
Grzegorz TOBISZOWSKI,
Izabela-Helena KLOC,
Jacek SARYUSZ-WOLSKI,
Jadwiga WIŚNIEWSKA,
Joanna KOPCIŃSKA,
Kosma ZŁOTOWSKI,
Patryk JAKI,
Tomasz Piotr PORĘBA,
Witold Jan WASZCZYKOWSKI,
Zdzisław KRASNODĘBSKI
|
3
|
||||||||||||||||
NI |
34
|
Hungary NIFor (10) |
1
|
1
|
1
|
1
|
3
|
1
|
1
|
Italy NIFor (1)Against (7) |
3
|
3
|
1
|
||||||||||||||
The Left |
21
|
1
|
1
|
1
|
1
|
1
|
4
|
1
|
2
|
France The LeftAgainst (5) |
2
|
2
|
|||||||||||||||
Verts/ALE |
54
|
2
|
3
|
1
|
2
|
2
|
2
|
2
|
3
|
2
|
3
|
1
|
France Verts/ALEAgainst (12) |
3
|
Germany Verts/ALEAgainst (16) |
||||||||||||
Renew |
79
|
2
|
2
|
Czechia RenewAgainst (2)Abstain (2) |
1
|
1
|
1
|
2
|
3
|
2
|
2
|
Denmark RenewFor (2)Against (3) |
1
|
3
|
3
|
3
|
1
|
2
|
1
|
3
|
Romania RenewAgainst (6) |
1
|
France RenewAgainst (17) |
Spain RenewFor (1)Against (6) |
Germany RenewFor (1)Against (5) |
||
S&D |
87
|
1
|
3
|
1
|
1
|
3
|
1
|
2
|
1
|
1
|
3
|
1
|
1
|
1
|
2
|
Austria S&DAgainst (5) |
Italy S&DAgainst (7) |
3
|
Portugal S&DAgainst (8) |
Romania S&DAgainst (5) |
Poland S&DAgainst (7) |
France S&DAgainst (5) |
Spain S&DAgainst (16)
Alicia HOMS GINEL,
César LUENA,
Domènec RUIZ DEVESA,
Eider GARDIAZABAL RUBIAL,
Ibán GARCÍA DEL BLANCO,
Inma RODRÍGUEZ-PIÑERO,
Iratxe GARCÍA PÉREZ,
Isabel GARCÍA MUÑOZ,
Javi LÓPEZ,
Javier MORENO SÁNCHEZ,
Jonás FERNÁNDEZ,
Juan Fernando LÓPEZ AGUILAR,
Laura BALLARÍN CEREZA,
Lina GÁLVEZ,
Mónica Silvana GONZÁLEZ,
Nicolás GONZÁLEZ CASARES
|
Germany S&DAgainst (9) |
|||
PPE |
112
|
Sweden PPE |
1
|
Czechia PPEAgainst (2)Abstain (2) |
2
|
1
|
2
|
4
|
1
|
4
|
2
|
4
|
3
|
2
|
2
|
3
|
Italy PPEAgainst (7) |
5
|
Netherlands PPEAgainst (5) |
Portugal PPEAgainst (6) |
Romania PPEAgainst (7) |
France PPE |
3
|
Germany PPEAgainst (18) |
B9-0059/2024 – § 5 – Am 4 #
2024/01/18 Outcome: -: 337, +: 113, 0: 15
HU | SE | SK | MT | CZ | EL | LV | BG | HR | EE | PL | BE | AT | LU | IT | SI | LT | FI | DK | NL | IE | PT | RO | FR | ES | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
13
|
17
|
11
|
1
|
17
|
5
|
3
|
8
|
9
|
6
|
41
|
12
|
14
|
6
|
41
|
7
|
8
|
11
|
10
|
19
|
12
|
17
|
18
|
65
|
36
|
58
|
|
ID |
45
|
1
|
1
|
3
|
3
|
Germany IDFor (8) |
|||||||||||||||||||||
ECR |
38
|
2
|
1
|
3
|
2
|
1
|
Poland ECRFor (17)Adam BIELAN, Anna ZALEWSKA, Beata KEMPA, Beata MAZUREK, Beata SZYDŁO, Bogdan RZOŃCA, Dominik TARCZYŃSKI, Elżbieta RAFALSKA, Grzegorz TOBISZOWSKI, Joachim Stanisław BRUDZIŃSKI, Joanna KOPCIŃSKA, Kosma ZŁOTOWSKI, Patryk JAKI, Rafał ROMANOWSKI, Tomasz Piotr PORĘBA, Witold Jan WASZCZYKOWSKI, Zdzisław KRASNODĘBSKI
Abstain (2) |
2
|
1
|
4
|
3
|
||||||||||||||||
NI |
35
|
Hungary NIFor (10) |
3
|
1
|
1
|
1
|
2
|
1
|
Italy NIFor (1)Against (6) |
1
|
3
|
3
|
2
|
||||||||||||||
The Left |
21
|
1
|
1
|
1
|
1
|
1
|
1
|
4
|
2
|
France The LeftAgainst (5) |
2
|
2
|
|||||||||||||||
Verts/ALE |
54
|
2
|
3
|
1
|
3
|
1
|
3
|
1
|
3
|
2
|
2
|
2
|
1
|
France Verts/ALEAgainst (12) |
3
|
Germany Verts/ALEAgainst (15) |
|||||||||||
Renew |
79
|
2
|
3
|
2
|
3
|
1
|
1
|
3
|
1
|
3
|
1
|
3
|
1
|
2
|
2
|
2
|
1
|
3
|
Denmark RenewAgainst (3)Abstain (1) |
Netherlands RenewAgainst (4) |
2
|
Romania RenewAgainst (6) |
France RenewAgainst (17) |
Spain RenewAgainst (6) |
Germany RenewFor (1)Against (5) |
||
PPE |
107
|
Sweden PPE |
4
|
1
|
Czechia PPEFor (1)Against (1)Abstain (2) |
2
|
1
|
2
|
2
|
2
|
3
|
2
|
Italy PPEAgainst (7) |
4
|
4
|
2
|
Netherlands PPEAgainst (5) |
4
|
Portugal PPEAgainst (5) |
Romania PPEAgainst (7) |
France PPE |
3
|
16
|
||||
S&D |
86
|
1
|
3
|
1
|
1
|
1
|
3
|
2
|
Poland S&DAgainst (7) |
2
|
4
|
1
|
Italy S&DAgainst (6) |
1
|
1
|
1
|
3
|
3
|
Portugal S&DAgainst (9) |
Romania S&DAgainst (5) |
France S&DAgainst (6) |
Spain S&DAgainst (16)
Alicia HOMS GINEL,
César LUENA,
Domènec RUIZ DEVESA,
Eider GARDIAZABAL RUBIAL,
Ibán GARCÍA DEL BLANCO,
Inma RODRÍGUEZ-PIÑERO,
Iratxe GARCÍA PÉREZ,
Isabel GARCÍA MUÑOZ,
Javi LÓPEZ,
Javier MORENO SÁNCHEZ,
Jonás FERNÁNDEZ,
Juan Fernando LÓPEZ AGUILAR,
Laura BALLARÍN CEREZA,
Lina GÁLVEZ,
Mónica Silvana GONZÁLEZ,
Nicolás GONZÁLEZ CASARES
|
Germany S&DAgainst (9) |
Amendments | Dossier |
122 |
2023/2866(RSP)
2023/10/27
EMPL
122 amendments...
Amendment 1 #
Citation 4 a (new) – having regard to the resolution of the European Parliament of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe,
Amendment 10 #
Recital B a (new) B a. whereas the Union and the Member States, in the development of their social policy, take account of the diverse forms of national practices;
Amendment 100 #
Paragraph 7 7. Notes the increase in workers from
Amendment 101 #
Paragraph 7 7. Notes the increase in workers from
Amendment 102 #
Paragraph 7 7. Notes the increase in workers from
Amendment 103 #
Paragraph 7 7. Notes the increase in workers from
Amendment 104 #
Paragraph 7 7. Notes the increase in workers from
Amendment 105 #
Paragraph 7 a (new) 7 a. Regrets that the Commission has not followed up to the European Parlimanet's Resolution 2021/2620 and to its repeated call for a legislative proposal for the creation of a digital EU social security number; reiterates, however, its request to make such a proposal in view to facilitate social security coordination and safeguard fair labour mobility; calls for the conclusion of the negotiations on the 883 Directive by the end of the ongoing legislature;
Amendment 106 #
Paragraph 8 8. Points out that exploitative and fraudulent practices by international actors are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying problematic practices and involved entities; re
Amendment 107 #
Paragraph 8 8. Points out that exploitative and fraudulent practices by international actors and certain abusive corporate practices, such as letterbox companies are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying and exposing problematic practices and involved entities; regrets that the current ELA regulation provides neither a sufficient legal basis for conducting operational risk analyses nor any follow-up procedures; recalls that any infringement of EU law, including in the area of labour mobility, should entail investigations and, where appropriate, dissuasive sanctions;
Amendment 108 #
Paragraph 8 8. Points out that exploitative and fraudulent practices by international actors are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying problematic practices and involved entities; regrets that the current ELA regulation provides neither a sufficient legal basis for conducting operational risk analyses nor any follow-up procedures; recalls that any breach or infringement of EU law, including in the area of labour mobility, should entail investigations and, where appropriate,
Amendment 109 #
Paragraph 8 8. Points out that exploitative and fraudulent practices by international actors are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying
Amendment 11 #
Recital B b (new) B b. whereas the European Parliament has repeatedly called on the creation of a social security number allowing for an easy identification of the workers, their employment status and social security rights;
Amendment 110 #
Paragraph 8 a (new) 8 a. Calls for clarifying of the procedures on the involvement of the social partners on all levels in cross- border cases, as ELA is not the remedy of last resort on breaches of workers´ rights like laid down in the guidelines of cross- border inspections;
Amendment 111 #
Paragraph 8 a (new) 8 a. Calls for a public list published by ELA of companies that have been sanctioned for breaches of relevant Union and national law in the area of labour mobility, which would have a deterrent effect and contribute to fair labour mobility;
Amendment 112 #
Paragraph 9 9. Calls for
Amendment 113 #
Paragraph 9 9. Calls for a clear provision allowing ELA to process
Amendment 114 #
Paragraph 9 9. Calls for a clear provision allowing ELA to process sensitive and personal data related to investigations and operational analyses in cooperation with national authorities; considers it important that ELA have access to the IMI System and other relevant databases; stresses that ELA also needs access to
Amendment 115 #
Paragraph 9 9. Calls for a
Amendment 116 #
Paragraph 9 a (new) 9 a. Calls for the competences to request data related to cross-border inspections of affected workers and means, for example tachographs similar to the Banking Authority;
Amendment 117 #
Paragraph 9 a (new) 9 a. Stresses the need for an efficient cooperation between Union agencies in order to create synergies;
Amendment 118 #
Paragraph 9 b (new) 9 b. Calls for expanding the cooperation in cases of crimes and the involvement of organised crime for example in the construction sector regarding the exchange of information with Europol, Eurojust and in cases where European subsidies are affected with EPPO;
Amendment 119 #
Paragraph 10 10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional challenges to its operations in the medium and long term; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency and jeopardise operational continuity when inspectorates are not carry out independent and neutral; calls, therefore, for the conversion of a sufficient number of SNE posts to permanent posts and to provide sufficient resources to reach this objective and to contribute to realise as many as possible cross-border inspections;
Amendment 12 #
Recital C C. whereas labour mobility creates
Amendment 120 #
Paragraph 10 10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional challenges to its operations in the medium and long term; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency and jeopardise operational continuity;
Amendment 121 #
Paragraph 10 10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional
Amendment 122 #
Paragraph 10 10. Notes that the
Amendment 13 #
Recital C C. whereas labour mobility creates economic growth and benefits for the whole EU and offers opportunities for workers and undertakings in the single market; whereas ensuring fair mobility and fair competition remains a challenge as a result of the 27 different labour market regimes with national regulations and practices as well as the lack of revision of social security coordination; whereas EU legislation must be duly implemented and enforced in all Member States;
Amendment 14 #
Recital C C. whereas labour mobility creates economic growth and benefits for the whole EU and offers opportunities for workers and undertakings in the single market; whereas ensuring fair mobility and fair competition remains a challenge
Amendment 15 #
Recital C C. whereas labour mobility creates economic growth and benefits for the whole EU and offers opportunities for workers and undertakings in the single market
Amendment 16 #
Recital C a (new) C a. whereas the full functionality of the single market without obstacles to free movement is the prerequisite for the effective labour mobility. Whereas Covid- 19 pandemics exposed vulnerabilities of the single market in case of unforeseeable events. Whereas except for the safeguards for the free movement like Single market emergency instrument it is necessary to safeguards also rights of the mobile workers including workers who are able to work remotely but have to do so from a particular Member State due to legal obstacles;
Amendment 17 #
Recital C a (new) C a. whereas ensuring fair mobility and fair competition remains a challenge as a result of the 27 different labour market regimes with national regulations and practices; whereas EU legislation with respect to workers’ labour and social rights must be duly implemented and enforced in all Member States, also as a way to address the challenge of the permanent leave of high skilled and educated people due to numerous reasons leading to population decline and economic downturn;
Amendment 18 #
Recital C b (new) C b. whereas ELA should also encourage the use of innovative approaches to efficient cross-border cooperation, collection, analysis and exchange of information as well as jobs matching and should promote the use of digital tools including tools based on artificial intelligence to achieve its objectives and facilite exchange among national authorities;
Amendment 19 #
Recital C c (new) C c. whereas ELA has potential to gather information and analyse new challenges on the labour market connected to the fast technological development as well as opportunities brought by the use of digital tools including tools based on AI; whereas ELA could be a key actor behind analysing and identifying the potential of these tools for cross-border work including remote work conducted from a Member State other than the Member State of the employer;
Amendment 2 #
Citation 8 a (new) – having regard to Articles 79 and 151 of the Treaty on the Functioning of the European Union;
Amendment 20 #
Recital D D. whereas the European Pillar of Social Rights, proclaimed in Gothenburg in 2017, sets out 20 principles and establishes a social rulebook towards a
Amendment 21 #
Recital D D. whereas the European Pillar of Social Rights, proclaimed in Gothenburg in 2017, sets out 20 principles and establishes a social rulebook towards a strong, social Europe that is fair and inclusive; whereas equal rights and opportunities and access to the labour market, fair working conditions and social protection and inclusion are cornerstones of the EU anchored in the Treaties;
Amendment 22 #
Recital E E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law, especially in cross- border situations; whereas effective enforcement requires structured cooperation and information exchanges between Member States and all relevant stakeholders; Member States need to provide their inspectorates with the necessary means to carry out their tasks at national level and in particular because the cooperation with European Labour Authority (ELA) creates new tasks on top which requires new resources and capacities which could affect in particular smaller Member States;
Amendment 23 #
Recital E E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law, especially in cross- border situations; whereas effective enforcement requires structured cooperation and information exchanges between Member States and all relevant stakeholders; whereas national enforcement authorities often lack the necessary resources in order to effectively enforce national and EU law, particularly with regard to cross-border co-operation and enforcement;
Amendment 24 #
Recital E E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections
Amendment 25 #
Recital E E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law, especially in cross- border situations; whereas effective enforcement requires structured cooperation and regular and secure information exchanges between Member States and all relevant stakeholders;
Amendment 26 #
Recital E E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law
Amendment 27 #
Recital F F. whereas the European Labour Authority (ELA) was established with the aim of facilitating fair mobility and effective enforcement of labour rights: whereas cross-border cooperation and the exchange of information between Member States
Amendment 28 #
Recital F F. whereas the European Labour Authority (ELA) was established with the aim of facilitating cross-border cooperation and the exchange of information between Member States, supporting fair and well- functioning labour markets and welfare systems, fair mobility, effective enforcement and ensuring fair competition in the single market;
Amendment 29 #
Recital F F. whereas the European Labour Authority (ELA) was established with the aim of facilitating cross-border cooperation and the exchange of information between Member States on labour mobility, supporting fair and well-
Amendment 3 #
Citation 9 – having regard to
Amendment 30 #
Recital F a (new) Amendment 31 #
Recital G G. whereas, based on its founding regulation, ELA
Amendment 32 #
Recital G G. whereas, based on its founding regulation, ELA carries out several tasks: facilitating access to information for individuals, social partners and employers on labour mobility, supporting Member States in promoting cross-border job matching and coordinating the European Employment Services (EURES), facilitating cooperation and the exchange of information between Member States, coordinating and supporting concerted and joint inspections, carrying out analyses and risk assessments on issues related to cross- border labour mobility, supporting Member States with capacity building in the field of labour mobility and tackling undeclared work, and mediating disputes between Member States on the application of relevant EU law;
Amendment 33 #
Recital G G. whereas, based on its founding regulation, ELA carries out several tasks: facilitating access to information for individuals and
Amendment 34 #
Recital G a (new) G a. whereas the objective of establishing ELA was to address challenges such as, but not limited to, lack of appropriate support and advice for workers and employers in cross-border situations, insufficient exchange of information between national authorities responsible for the different aspects of worker mobility and coordination of social security systems, and insufficient cooperation structures at EU level in this domain;
Amendment 35 #
Recital H H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities are restricted due to the
Amendment 36 #
Recital H H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities are restricted due to the voluntary nature of the cooperation and participation of Member States;
Amendment 37 #
Recital H H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities and impact are restricted due to the voluntary nature of the cooperation and participation of Member States; whereas
Amendment 38 #
Recital H H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities
Amendment 39 #
Recital H a (new) H a. whereas the Union's common immigration policy must ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States, and the prevention and combat of illegal immigration; whereas it is the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed;
Amendment 4 #
Citation 9 a (new) – having regard to its resolution on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (2020/2664),
Amendment 40 #
Recital H a (new) H a. whereas, in accordance with Regulation 2019/1149, ELA's objectives should be clearly defined, with a strong focus on a limited number of tasks, in order to ensure that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value;
Amendment 41 #
Recital H a (new) H a. whereas rules and practices on how to carry out labour inspections very significantly across member states, as well as does the cooperation between ELA and national authorities;
Amendment 42 #
Recital H a (new) H a. whereas the purpose of the revision clause of the founding regulation is to modify the mandate and not only to do an ex-post analysis of the work since 2019;
Amendment 43 #
Recital H b (new) H b. whereas ELA's mandate should not replace or interfere with competences of national authorities, but complement them in the relevant areas indicated in Regulation 2019/1149; whereas balance between ELA's and Member States' national authorities' competences regarding law application and enforcement should be preserved;
Amendment 44 #
Recital H b (new) Amendment 45 #
Recital I I. whereas the European Banking Authority was given the mandate of carrying out investigations on its own initiative; whereas some European agencies, such as Europol, have access to the database of the Internal Market Information (IMI) System and are allowed to process personal data; whereas the European Labour Authority is lacking similar rights;
Amendment 46 #
Recital J J. whereas social partners may bring cases to the attention of ELA without the necessity to first exhaust domestic enforcement instances; whereas such cases should lead to joint inspections; whereas the timely, systematic and structural involvement of EU, sectoral and national social partners is indispensable in improving the effectiveness of ELA;
Amendment 47 #
Recital J J. whereas social partners
Amendment 48 #
Recital J J. whereas social partners may bring cases to the attention of ELA with a view to initiating cross-border inspections; whereas the timely, systematic and structural involvement of EU, sectoral and national social partners is indispensable in improving the effectiveness of ELA;
Amendment 49 #
Recital J a (new) J a. Whereas ELA could be informed about cross-border law breaches not only after the exhaustion of national remedies;
Amendment 5 #
Citation 9 b (new) – having regard to Article 45(2) of the TFEU, forbidding any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 50 #
Recital J b (new) J b. whereas the procedures how to involve the social partners in the procedures is often not clarified;
Amendment 51 #
Recital J c (new) J c. whereas the analyses and surveys are often carried out by external contractors for ELA; whereas this external transfer of important tasks hinders the necessary continuity to build up expertise and it endangers the independence of the European Labour Authority;
Amendment 52 #
Recital K K. whereas by 1 August 2024, and every five years thereafter, the Commission shall assess ELA’s performance in relation to its objectives, mandate and tasks in compliance with Article 40 of Regulation (EU) 2019/1149; whereas the evaluation of ELA should, in particular, assess whether there is a need to modify its mandate and the scope of its activities, including the expansion of its scope to cover sector-specific needs in particular in the most affected sectors such as construction, transport and agriculture; whereas the evaluation should also explore further synergies and opportunities to streamline with other agencies in the area of employment and social policy;
Amendment 53 #
Recital K K. whereas by 1 August 2024, and every five years thereafter, the Commission shall assess ELA’s performance in relation to its objectives, mandate and tasks in compliance with Article 40 of Regulation (EU) 2019/1149; whereas the evaluation of ELA should, in particular, assess whether there is a need to modify its mandate and the scope of its activities, taking into account the inputs of the authority and national agencies, including the expansion of its scope to cover sector-specific needs; whereas the evaluation should also explore further synergies and opportunities to
Amendment 54 #
Recital K K. whereas by 1 August 2024, and every five years thereafter, the Commission shall assess ELA’s performance in relation to its objectives, mandate and tasks in compliance with Article 40 of Regulation (EU) 2019/1149; whereas the evaluation of ELA should, in particular, assess whether there is a need to modify its mandate and the scope of its activities, including the expansion of its scope to cover sector-specific needs; whereas the evaluation should also explore further synergies and opportunities to streamline with other agencies in the area of employment and social policy as well as fundamental rights;
Amendment 55 #
Recital K a (new) K a. whereas the evaluation should further explore in cases of crimes and the involvement of organised crime for example in the construction sector regular cooperation and exchange with Europol, Eurojust and in cases where European subsidies are involved with EPPO;
Amendment 56 #
Recital L L. whereas in its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit, Parliament underlined the importance of a well-functioning and efficient ELA; whereas Parliament has already called on the Commission to make use of the opportunity presented by the forthcoming evaluation to submit a legislative proposal to review the scope of ELA’s founding regulation and allow it to realise its full potential, especially concerning ELA’s inquiry and investigation powers;
Amendment 57 #
Recital L L. whereas in its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit, the European Parliament underlined the importance of a well- functioning and efficient ELA; whereas Parliament has
Amendment 58 #
Recital L L. whereas in its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit, Parliament underlined the importance of a well-functioning and efficient ELA; whereas Parliament has already called on the Commission to make use of the opportunity presented by the forthcoming evaluation to submit a legislative proposal to review the scope of ELA’s founding regulation and allow it to realise its full potential, especially concerning ELA’s in
Amendment 59 #
Recital L a (new) L a. whereas labour shortages are on the rise in the EU; whereas EURES has the potential to become a key instrument to foster labour mobility and improve job matching across the EU but its potential is currently not fully tapped; whereas there is an insufficient use by national authorities, employment agencies and social partners of EURES;
Amendment 6 #
Recital A A. whereas, in 2021, there were about 10 million EU citizens of working age living in another Member State3 ; whereas the number of
Amendment 60 #
Recital L b (new) L b. whereas undeclared work remains an acute problem in the EU with some sectors, such as in the HORECA sector, construction, tourism, care and household support services sectors, being more at risk than others;
Amendment 61 #
Paragraph 1 1. Calls on the Commission to present a proposal for a targeted revision of ELA’s founding regulation, based on the lessons learned since 2019, with a view to
Amendment 62 #
Paragraph 1 – subparagraph 1 (new) Recalls that the original proposal of the regulation establishing a European Labour Authority (article 10(7))1a gave the agency the right to report suspected irregularities “in the application of Union law, including beyond the scope of its competences”, which would have allowed for the adding of core elements of the Single Market acquis to the scope of the ELA, such as investigations into the right of establishment; believes that a revision of ELA’s founding regulation should reintroduce that proposal; _________________ 1a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authority, COM/2018/0131 final - 2018/064 (COD)
Amendment 63 #
Paragraph 1 a (new) 1 a. calls for ELA to increase its effectiveness in terms of the objectives, tasks and functions assigned to it in Regulation 2019/1149; highlights the mandate entrusted to ELA to inform citizens and employers about their rights and obligations and to promote the exchange and sharing of good practices and knowledge, as well as to help mutual understanding of different national systems and practices; highlights the potential for significant improvements in reaching out to workers and providing them with information on their rights, thereby enhancing the quality of the exercise of internal market freedoms in the EU and strengthening enforcement in cross-border situations; calls for action to increase accessibility and quality of the general information provided to citizens, employers and social partner organisations on rights and obligations related to workers' mobility in the EU;
Amendment 64 #
Paragraph 2 2. Calls for ELA’s mandate to be
Amendment 65 #
Paragraph 2 2. Calls for ELA’s mandate to be substantially strengthened in order to allow it to investigate alleged breaches or non- application of EU law and to initiate inspections on its own initiative; stresses the need to keep national competent authorities informed of any ELA investigation in their jurisdiction and to ensure that national competent authorities provide ELA with any information that it considers necessary for its investigation, without delay; recalls the importance of ensuring that ELA and national competent authorities effectively cooperate with social partners, respecting their autonomy, rights and prerogatives in accordance with national industrial relations systems;
Amendment 66 #
Paragraph 2 2. Calls for ELA’s mandate to
Amendment 67 #
Paragraph 2 2. Calls for ELA’s mandate to
Amendment 68 #
Paragraph 2 2. Calls for ELA’s mandate to be substantially strengthened in order to allow it to investigate alleged breaches or non- application of EU law and to initiate and conduct inspections on its own initiative without having to obtain the approval of the Member States concerned; stresses the need to keep national competent authorities informed of any ELA investigation in their jurisdiction and to ensure that national competent authorities provide ELA with any information that it considers necessary for its investigation, without delay;
Amendment 69 #
Paragraph 2 2. Calls for ELA’s mandate to be
Amendment 7 #
Recital B B. whereas the free movement of workers and the freedom to provide services are two of the four basic freedoms of the EU; whereas these freedoms are among the main achievements of EU integration; whereas the objective to enhance quality of exercise of the freedoms of the internal market in the EU was one of fundamental reasons for the establishment of ELA;
Amendment 70 #
Paragraph 2 a (new) 2 a. Calls for the European Labour Authority (ELA) to become a powerful tool to tackle fraud and breaches of workers rights in mobile work with effective cross-border inspections and to inform about good and bad examples in the sectors and in the field of labour law and to issue risk assessment in particualar on the most affected sectors;
Amendment 71 #
Paragraph 2 b (new) 2 b. States that in some Member States labour inspections are carried out by Social Partners. Stresses that the autonomy of the Social Partners needs to be guaranteed at all levels and at all steps of the procedure;
Amendment 72 #
Paragraph 2 c (new) Amendment 73 #
Paragraph 2 d (new) 2 d. Calls the Commission and the Member States to take all necessary steps that labour mobility is no longer a business model in the Single Market on fraudulent construction of legal and unlegal instruments on cross-border and mobile work like Posting of Workers, Temporary Agency Work, Intra- Corporate Transfer, Seasonal Work with EU-workers and third-country nationals, letter box companies and subcontracting- chains based on wage competition, precarious working conditions, undeclared work and bogus-self- employment;
Amendment 74 #
Paragraph 2 e (new) 2 e. Calls on the Member States to enforce the national and EU labour law effective and treat breaches of workers´ rights seriously, especially in the field of labour mobility and to allow Trade Unions to go before the court on behalf of workers, especially of mobile workers and to ensure that workers receive the withheld wages and remunerations and compensation, ensure that social security contributions are paid since the fraud or withheld have started, establish a system of penalties and criminal law sanctions that employers are deterred to break the law, establish a European list of employers and companies where breaches of mobile labour law is registered;
Amendment 75 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to
Amendment 76 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to
Amendment 77 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and
Amendment 78 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to
Amendment 79 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that
Amendment 8 #
Recital B B. whereas the freedom of movement
Amendment 80 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to
Amendment 81 #
Paragraph 3 3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to
Amendment 82 #
Paragraph 4 4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of national and EU law in the area of labour mobility are properly addressed through administrative or legal procedures in the Member States; underlines that ELA should be
Amendment 83 #
Paragraph 4 4. Highlights the need to
Amendment 84 #
Paragraph 4 4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of national and EU law in the area of labour mobility are properly addressed through administrative or legal procedures in the Member States and should receive dedicated resources in order to be able to effectively pursue cases; underlines that ELA should be able to bring detected breaches in front of a court of the concerned Member State; stresses that cases brought to its attention by social partner organisations shall be thoroughly pursued by ELA; highlights that social partners should be able to request joint or concerted inspections by ELA, should receive information on how ELA is following up on the inspections and should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 85 #
Paragraph 4 4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of
Amendment 86 #
Paragraph 4 4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of
Amendment 87 #
Paragraph 4 4. Highlights the need to ensure adequate follow-up on concerted and joint
Amendment 88 #
Paragraph 4 – subparagraph 1 (new) Notes that the execution of effective and dissuasive EU-wide financial sanctions is needed to end cases of lack of compliance with labour legislation, the circumvention of social security payments and tax evasion in cross-border activities; highlights that the ELA should be empowered to develop the main rules for an EU-wide sanctions policy and procedures to deal with breaches of legislation;
Amendment 89 #
Paragraph 4 a (new) 4 a. Urges ELA to prioritise cross- border law enforcement and controls to tackle cross-border fraud and labour crime cases; emphasises the need to bolster support for national authorities and sectoral social partners in the cross- border collection of fines and recovery of unpaid wages;
Amendment 9 #
Recital B a (new) B a. whereas the mobility of workers can be hampered by an insufficient coordination of social security systems across Member States, whereas weaknesses in the application of workers’ portability of their rights and entitlements in the area of social protection can create protection gaps and disincentivise workers who want to move and work in another member state;
Amendment 90 #
Paragraph 5 5. Calls for the timely, systematic and structural involvement of EU, sectoral and national social partners to improve the effectiveness of ELA; calls for a clarification of the procedures in this regard; calls on national competent authorities to cooperate more
Amendment 91 #
Paragraph 5 5. Calls for the timely, systematic and structural involvement of
Amendment 92 #
Paragraph 5 5. Calls for the timely, systematic and structural involvement of EU, sectoral and national social partners to improve the effectiveness and efficiency of ELA; calls on national competent authorities to cooperate more closely with their national social partners in this regard;
Amendment 93 #
Paragraph 6 6. Calls on the Member States to recognise the added value of cooperating with ELA and to increase resources to ensure that national enforcement authorities have the means and capacity to cooperate with ELA; calls for the need to strengthen the cooperation and participation of Member States with the ELA by moving beyond the voluntary approach and by introducing the comply or explain principle; recalls that national experts seconded by the Member States, including national liaison officers, should help carry out ELA’s tasks and should not be working under the direction or supervision of their Member State; stresses the need to offer EU-level social partners the opportunity to also nominate one liaison officer each;
Amendment 94 #
Paragraph 6 6. Calls on the Member States to recognise the added value of cooperating with ELA
Amendment 95 #
Paragraph 6 6. Calls on the Member States to recognise the added value of cooperating with ELA; recalls that national experts seconded by the Member States, including national liaison officers,
Amendment 96 #
Paragraph 6 6. Calls on the Member States to
Amendment 97 #
Paragraph 6 6. Calls on the Member States to recognise the added value of cooperating with ELA; recalls that national experts seconded by the Member States, including national liaison officers, should help carry out ELA’s tasks
Amendment 98 #
Paragraph 6 a (new) 6 a. Highlights the essential role that EURES could play in addressing labour shortages and skills mismatch in certain countries and regions and enhancing fair mobility; calls on the Commission to make concrete proposals on how ELA could upscale the visibility and effectiveness of EURES, not least by creating a user-friendly system where job seekers and employers could easily find each other via a smart identification of skills; calls on the Commission to update ELA’s mandate accordingly;
Amendment 99 #
Paragraph 6 a (new) 6 a. Stresses that ELA needs sufficient resources and capacities with own staff to carry out its tasks in particular inspections in the field to detect breaches of workers´ rights, lacking enforcement and application of law, including workers from third countries;
source: 754.935
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