68 Amendments of Anthea McINTYRE related to 2018/0064(COD)
Amendment 57 #
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health. The exercise of EU competences is subject to two fundamental principles laid down in Article 5 TEU on proportionality and subsidiarity.
Amendment 61 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The proclamation states that the Principles should be implemented at both Union level and Member State level within their respective competences, taking due account of different socio- economic environments and the diversity of national systems, and in accordance with the principles of subsidiarity and proportionality. At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers. The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels.
Amendment 69 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to provide added value at Union level to help strengthen fairness and trust in the Single Market. For the Authority to add value it must respect the competence of Member States labour enforcement mechanisms and compliment their work. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations iparticularly on cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member Sta, employment and social security matters to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruption taking into account the different traditions and structures within member states.
Amendment 87 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities to support a better functioning of the single market including in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services that fall within the scope of Union legislation. It should also enhance cooperation between Member States in tackling fraud and undeclared work. In cases where tThe Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third- country nationals, it should be able to report them and cooperate on these matters with the Commission should cooperate on these matters with the member states authorities, competent Union bodies, and national authoritiesocial partners where appropriate.
Amendment 101 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Authority should help create a competitive and productive Union in which the conditions for mobility are improved as part of a well-functioning Single Market. In this regard, the Authority in its activities should provide reliable, easily accessible, up to date information in all languages for companies, especially SMEs, wishing to provide services across the EU avoiding duplication and reducing the administrative barriers.
Amendment 103 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute tosupport Member States in the effective application of existing rights and obligations in the area of cross-border mobility, facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 115 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Without prejudice to the role of the Administrative Commission, the Authority should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council ,Regulation (EC) No 987/2009 of the European Parliament and the Council ,Regulation (EU) No 1231/2010 of the European Parliament and the Council; as well as Council Regulation (EC) No 1408/71 and Council Regulation (EC) No 574/72.
Amendment 117 #
Proposal for a regulation
Recital 8
Recital 8
(8) In certain instances, sector-specific Union law has been adopted in order to respond to specific needs in that sector, such as the area of international transport. The Authority should also, upon request by the Member States’ authorities, assist in dealing with the cross-border aspects of the application of such sector-specific Union law, in particular Regulation (EC) No 561/2006 of the European Parliament and the Council49 , Directive 2006/22/EC of the European Parliament and the Council50 , Regulation (EC) No 1071/2009 of the European Parliament and the Council51 and Directive (Amending Directive 2006/22/EC – COM(2017)278)52 . __________________ 49 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 50 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 51 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 52 COM(2017)278 – Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.
Amendment 118 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons whoAuthority should only act in areas that are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members. In all other cases it should support cooperation between Member States where appropriate in areas that fall outside of this scope including working conditions, health and safety and fraud.
Amendment 135 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 142 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Authority shall promote the use of existing tools including the EURES portal, which establishes a framework for cooperation to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU.
Amendment 146 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 157 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities making information more accessible for citizens, companies and in particular SMEs.
Amendment 165 #
Proposal for a regulation
Recital 14
Recital 14
(14) To here is a need to improve sincerease Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspection cooperation among Member States' in order to increase their capacity to tackle breaches of Union law with a cross-border dimension. The Authority should support the national authorities in combating fraud, improving cooperation, sharing best practices and identifying common principles, including by facilitasupporting the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law and in accordance with national law and practice. The Authority should provide strategic, logistical, and technical support to Member States who request it.
Amendment 173 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Different national enforcement authorities are involved with cases of fraud and breaches of legalisation in the labour market, including labour inspectorates, other authorities dealing with health and safety at work, social security inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities and authorities in charge of implementation of the common transport policy, the police, the public prosecutor's office and the social partners may also be involved.
Amendment 175 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should provide a platform for Member States to develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. TWhe authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. The Authority should also support the risk assessment referred ton making such a risk assessment, the carrying out of large infrastructural projects, the existence of long chains of subcontractors, geographic proximity, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers may in Aparticle 10 of Directive 2014/67/EUular be taken into account. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.
Amendment 186 #
Proposal for a regulation
Recital 17
Recital 17
(17) TWithout prejudice to the role of the Administrative Commission as set out in Regulation (EC) No 883/2004, the Authority should provide an independent platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue anduse existing conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrationswhich have been agreed and developed by the Member States and put in place for this purpose. The Authority should only provide a platform for mediation when disputes between Member States has been reported by a Member States using the standard procedure. Individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 199 #
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should, upon a request by a Member State facilitate cooperation among relevant stakeholders in order to address labour market disruptions elements falling within the scope of Union law affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions.
Amendment 207 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification as well as gender balance. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 222 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In the processing of personal data the Authority must ensure that data protection remains a priority. In a time when large, well-protected organisations are vulnerable to cyber-attacks the sharing of data must be strictly regulated.
Amendment 231 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities ofsupport cross-border cooperation and the activities of Member States authorities, the European Commission and other existing bodies in the areas of cross-border labour mobility, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 238 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatoryits tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacthe Technical Commission for Data Processing, the function ofConciliation Board, and the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulation. The Authority may participate in their meetings.
Amendment 244 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility that fall within the scope of Union legislation and the coordination of social security systems within the Union.
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to provide input with added value at Union level in order to contribute to ensuring fair labour mobility in the internal market, while fully respecting national competences and procedures. To this end, the Authority shall:
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportenhance cooperation between Member States in' relevant authorities to improve more effectively the cross-border enforcement of relevant Union law, including facilitating joint inspections;
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solutionsupport Member States in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) facilitating the exercise of the rights conferred by Article 45 TFEU and by Regulation (EU) No 492/2011;
Amendment 337 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 344 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) facilitate access to up to date information by companies, especially SMEs, wishing to provide services across the EU, avoiding duplication and reducing administrative barriers;
Amendment 352 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint inspections,national authorities in combating fraud, including by supporting the implementation of inspections in accordance with Article 10 of Directive 2014/67/EU and in accordance with Articles 9 and 10;
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediatewithout prejudice to the role of the Administrative Commission in the application of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, mediate and support national authorities in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;
Amendment 392 #
Proposal for a regulation
Article 6
Article 6
Amendment 439 #
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcome cross- border obstacles to labour mobility; (d) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.rticle 7 deleted services The Authority shall provide promote the development of enable the cross-border matching cooperate with other Union The Authority shall manage the
Amendment 477 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to reasoned requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases subject to legal clearance;
Amendment 493 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) in line with Article 6 of Directive 2014/67/EC facilitate cross-border enforcement procedures of penalties and fines;
Amendment 516 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Authority shall support upon request of national authorities the work of the Administrative Commission for the Coordination of Social Security Systems with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.
Amendment 517 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promoteassist Member States with the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 538 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Coordination of concerted and joint inspections
Amendment 540 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectionsupport the national authorities in the implementation of inspections in accordance with Article 10 of Directive 2014/67/EU and in other the areas that fall under the scope of Union legislation and in respect to the competences of the Member States. The request may be submitted by one or several Member States. The Authority should provide strategic, logistical, and technical support to Member States who request it.
Amendment 562 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted ora joint inspection referred to paragraph 1, it shall inform the Aauthority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authof the requesting Member State(s) and the Authority in writing of the reasons for ities concerneds decision duly in advance.
Amendment 568 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or jJoint inspections shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential competent national authority.
Amendment 580 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Arrangements for concerted and joint inspections
Amendment 582 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 595 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and jJoint inspections and their follow- up shall be carried out in accordance with the national law of the Member States concerned.
Amendment 607 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authority shall provide logistical and technical support, which mayshall include translation and interpretation services, to Member States carrying out concerted or joint inspections.
Amendment 620 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. SUpon invitation by the national authorities of the participating Member States, staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.
Amendment 628 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities that carrying out a concerted or joint inspection in cooperation with another Member State shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.
Amendment 644 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularitibecomes aware of a breach in the application of Union law, it shall report those breaches to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 668 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Authority shall organise peer reviews in line with Member States competences amongst national authorities and services in order to:
Amendment 671 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Union law within the scope of the Authority’s competences, including in support of the role of the Administrative Commission on Social Security, as well as its enforcement in practice;
Amendment 676 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularlyon a yearly basis analyse statistical data collected, compiled and provided by the Member States and report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses.
Amendment 707 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In interpreting Union law, the Authority shall follow the decisions of the Administrative Commission in the event of disputes between Member States regarding the application orf Regulation (EC) No 883/2004. In the interpretation of Union law in all other areas covered by this Regulation, the Authority may perform a mediation role.
Amendment 765 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authoritiMember States, the Authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 779 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 788 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 797 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of onea list of senior representatives from each Member State and two representatives of the Commission, all of whom have voting rights. Every Member State and the Commission shall have one vote.
Amendment 827 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablmay be renewed once.
Amendment 853 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairperson shall be for a minimum period of one year and a maximum period of four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 855 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Management Board shall hold at least twofour ordinary meetings per year. In addition, it shall meet at the request of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members.
Amendment 919 #
Proposal for a regulation
Article 33
Article 33
Amendment 922 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In addition to the National Liaison Officers, tThe Authority may make use in any areas of its work of other seconded national experts or other staff not employed by the Authority.
Amendment 923 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Management Board shall adopt the necessary implementing arrangements for seconded national experts, including National Liaison Officers.
Amendment 927 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. No later than five years after the date referred to in Article 51, and every five years thereafter, the Commissionthe Commission's accounting officer shall submit the Authority's accounts to the Court of Auditors, together with a report on the budgetary and financial management. The Court of Auditors shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.
Amendment 929 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. Every five years thereafter, the Court of Auditors shall assess the Authority's performance in relation to its objectives, mandate and tasks. Based on this evaluation, the Commission together with the Member States shall propose that this Regulation be amended accordingly or repealed.
Amendment 930 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where the CommissionFollowing the evaluation referred to in Paragraph 1 and where the Court of Auditors considers that the continuation of the Authority is no longer justified with regard to its assigned objectives, mandate and tasks, it maythe Commission together with the Member States shall propose that this Regulation be amended accordingly or repealed.
Amendment 940 #
Proposal for a regulation
Article 46
Article 46
Amendment 957 #
Proposal for a regulation
Article 47
Article 47
987/2009
Articles 1, 5, 6, 65, 67, 69
Articles 1, 5, 6, 65, 67, 69