Activities of Pascal DURAND related to 2018/0064(COD)
Legal basis opinions (0)
Amendments (85)
Amendment 57 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authority and Social Security (text with relevance for the EEA and for Switzerland)
Amendment 63 #
Proposal for a regulation
Recital 1
Recital 1
(1) The free movement of workerpersons, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).
Amendment 65 #
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 as well as discrimination, and the promotion of a high level of education, training and the protection of human health.
Amendment 71 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour and Social Security Authority (the ‘Authority’) should be established in order to help strengthen fairnesssocial justice and trust in the Single Market. 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 in cross- border labour mobility and other situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application and enforcement of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 81 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationalundeclared work and restrictions on rights and benefits, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 87 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fairsocially just and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’ as well as facilitating access to all other relevant services in the Member State of residence or stay, such as healthcare. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . _________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 96 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fairjust, 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.
Amendment 97 #
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity, to ensure protection of people exercising their free movement rights and to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities and social partners in carrying out national concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the national concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the national concerted and joint inspections according to national law.
Amendment 101 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes, gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The 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 to in Article 10 of Directive 2014/67/EU. 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 102 #
(17) The Authority should provide a 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 and 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. TIn those cases, the Authority should ohear the Member States as well as the persons concerned to ensure it has a full picture of the situation. The Authority should mainly deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should primarily 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. TWhe SOLVIT network should also be able ton, however, the Authority, following a prima facie assessment, considers it would be better to directly deal with the case concerned, it should do so. Upon its own initiative or at the request of a person concerned, the SOLVIT network refer to the Authority for its consideration cases brought to their attention in which the problem canis not being solved, for example due to differences between national administrations or when no solution has been provided to the person concerned in due time. _________________ 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 106 #
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions. The Authority should also facilitate such cooperation to address structural problems in access to labour and social rights due to inconsistencies between national schemes, such as differences in pension age, access to benefits for self- employed persons or in assessing to what extent a person with a disability is fit for work.
Amendment 108 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, the social partners, experts nominated by the European Parliament, 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-Chairs, should respect the principles of gender balance, experience and qualification. 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 114 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners and civil society organisations as part of the transparent and regular dialogue with representative associations and civil society in accordance with Article 11(1)and (2) TFEU. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 125 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workerpersons and services and to contribute to strengthening fairnesssocial justice in the internal market cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities and the need for increased cooperation between Member States, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 126 #
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union, as well as in full respect of applicable international labour and human rights law,
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour and Social Security Authority (‘the Authority’).
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall contribute to the consistent, efficient and effective application of European labour and social legislation as well as equal access to social security and adequate social protection for all persons using their free movement rights. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall facilitate and support a reinforced cooperation between Member States, social partners, other stakeholders and the Commission in all labour and social matters with a cross- border dimension.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labnon-precariours mobility in the internalEuropean Union market. To this end, the Authority shall:
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions, labour market disruptions or cross-border enforcement problems.
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate and improve access to information by individuals and employers on rights and obligations in cross-border situations as well as access torelated to free movement as well as access to relevant services, including social services, in particular health care and cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobilityrelated to persons exercising their right of free movement, and propose follow-up policy measures and operational actions, in accordance with Article 11;
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) support Member States and all relevant social partners and stakeholders with capacity-building regarding the effective enforcement of relevant Union law, in accordance with Article 12;
Amendment 170 #
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) mediate in disputes between persons and Member States' authorities on the application of relevant Union law, in accordance with Article 13a;
Amendment 172 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) facilitate cooperation between relevant stakeholders in the event of structural problems in access to labour and social rights due to gaps or inconsistencies between Member States’ systems, in accordance with Article 14a;
Amendment 173 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) advise the European Parliament, the Council and the Commission on any initiative which it considers to be appropriate to encourage the effective enforcement of Union law in relation to people exercising their right of free movement;
Amendment 175 #
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Information on cross-border labour mobility
Amendment 177 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 178 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on theall rights and obligations of individuals in cross-border labour mobility situations especially with regard to social security rights, taxation, rights at work and social protection;
Amendment 185 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employsocial partners, relevant stakeholders and employers, workers and job seekers on labour rules, and the living and working conditions applicable to workers in cross-borderfree movement labour mobility situations, including postedfrontier and posted workers, EU Blue Card holders, intra-corporate transferees, long-term residents, and the family members of those workers;
Amendment 194 #
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Access to cross-border labour mobility services and other relevant services
Amendment 196 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall in particular:
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point as well as civil society organisations active in the field, in particular to identify and overcome cross- border obstacles to labour mobility;
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States , social partners and relevant stakeholders, and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 214 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13 and Article 13a.
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote and monitor 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 221 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 231 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States, and/or social partners and relevant stakeholders with a legitimate interest and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement mayshall include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall develop binding guidelines for concerted and joint inspections and establish a model agreement.
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authority shall provide operative, legal, logistical and technical support, which may include translation and interpretation services, to Member State and legal assistance, to Member States or social partners carrying out concerted or joint inspections.
Amendment 242 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities or social partners carrying out a concerted or joint inspection 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. The Authority shall establish a template for their reports, taking into account the necessity to avoid unnecessary administrative burden. The results of joint inspections may be used as evidence in the Member State with the same legal value of information collected within their own territory.
Amendment 244 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board and to the Stakeholder Group. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. This report shall include a list of cases in which Member States refused to participate in a joint inspection.
Amendment 248 #
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Cross-border labour mobility analyses and risk assessment and recommendations
Amendment 249 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility, undeclared work, fraud and exploitations as well as analysis related to cross-border social security matters, including portability of pensions. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issuesThe Authority shall carry out focused in- depth analyses and studies to investigate specific mobility issues. The Authority shall also assess risks and carry out analyses regarding cross-border social security coordination in order to identify possible gaps and areas of improvement. The Authority shall conduct any assessment making full use of the work of other Agencies and in particular the work of Eurofound. The Agency shall avoid duplication of work. When completing risk assessments, the Authority shall always take into account the cost of non- action.
Amendment 252 #
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(ca) formulate recommendations addressed to both the Commission and the Member States to ensure the effective enforcement of Union law in relation to the work of the Authority, including in relation to fighting undeclared work, ensuring fair decent working conditions, fighting tax evasion and ensuring proper social protection for all.
Amendment 253 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report, after discussion with the Stakeholder Group, its findings to the Commission and the European Parliament, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. The report shall be published by 15th March of the following year at the latest, and taken into account by the country-specific recommendations, when relevant.
Amendment 256 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Authority shall collect statistical data, disaggregated by gender, age, income level, occupation and labour marked status, compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.
Amendment 257 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Authority shall support Member States, social partners and civil society organisations with capacity building aimed at promoting the consistent enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:
Amendment 258 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop common guidelines for use by Member States, social partners and civil society organisations including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level, in accordance with ILO Labour Inspection Convention No 81;
Amendment 261 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities, social partners and civil society organisations;
Amendment 262 #
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) improve the knowledge and mutual understanding of the different national systems and practices related to free movement of persons and access to adequate social protection and the methods and legal framework for action;
Amendment 263 #
Proposal for a regulation
Article 12 – paragraph 1 – point e a (new)
Article 12 – paragraph 1 – point e a (new)
(ea) increase the capacity of enforcement bodies to better tackle cross- border aspects including sufficient staff resources, training and financial resources.
Amendment 266 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation where no agreement was reached between the institutions concerned, the Authority may perform a mediation role.
Amendment 268 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. The Authority shall reconcile the points of view within three months of the date on which the matter was brought before it.
Amendment 271 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Member States shall inform the persons concerned about the dispute and about the case being brought to the Authority.
Amendment 274 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States and all other parties that are heard by the Authority or involved in the case shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure.
Amendment 277 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. To ensure the Authority is fully informed about the situation, it shall hear the Member States as well as the persons concerned, under the condition that these persons have agreed to this, before taking a decision. Within one week after the matter was brought before the Authority, Member States shall ask the persons concerned in written if they want to address the Authority in person and ask for a reply within another month.
Amendment 278 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority, unless all parties concerned have agreed to this. In such cases, all court proceedings will be suspended until the mediation procedure has been finalised.
Amendment 282 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. The competent authorities and institutions shall take the necessary measures to apply the decision of the Authority without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by national or Union legislation.
Amendment 285 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Mediation between Member States and persons concerned 1. In the event of disputes between one or more Member States and one or more persons concerned regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. 2. Upon receiving a request for mediation from an individual, the Authority shall perform a prima facie assessment of the case, following which it may decide to launch a mediation procedure or to refer the case to SOLVIT. 3. SOLVIT shall, upon its own initiative or at the request of a person concerned, refer cases to the Authority in which no solution was found, in particular due to differences between national administrations or when no solution has been provided to the person concerned within three months after the dispute has emerged. 4. Article 13(3) to (6) shall also apply in cases of mediation concerning a dispute between Member States and persons concerned.
Amendment 289 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Cooperation in case of structural problems in access to labour and social rights The Authority shall facilitate cooperation between relevant stakeholders in order to provide solutions for people experiencing problems in accessing labour and social rights in cross-border situations, including social security benefits, as a result of structural differences between the systems of different Member States concerned.
Amendment 290 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Authority shall coordinate, develop and apply interoperability frameworks to guarantee the exchange of information between Member States and also with the Authority. Those interoperability frameworks shall be based on and supported by the European Interoperability Framework70 and by the European Interoperability Reference Architecture referred to in Decision (EU) 2015/2240 of the European Parliament and of the Council71 . At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely. _________________ 70 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions: European Interoperability Framework – Implementation Strategy - COM(2017) 134 final. 71 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).
Amendment 294 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of (a) one senior representative from each Member State and(b) two representatives of the Commission, all of whom have voting rights. (c) six social partner representatives and (d) three independent experts appointed by the European Parliament, all of whom have voting rights. The senior representatives of each Member State and their substitutes shall present professional competences in both labour law and social security regulations.
Amendment 296 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Members of the Management Board representing Member States, social partners and their alternates shall be appointed by the Council on the basis of lists of candidates submitted by the Member States and the European employers’ and employees’ organisations respectively. Where, based on proposals by the Member States and the social partners, the gender balance is highly disproportionate, i.e. less than 30% of one gender, the Council shall delay the appointment until this is rectified, and invite Member States to bring forward more balanced proposals. The Commission shall appoint the members who are to represent it with due respect to gender balance. The responsible Committee of the European Parliament shall appoint, respecting gender balance, the experts referred to under point 1(d) after verifying that the appointments raise no conflicts of interest.
Amendment 298 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2 a (new)
Article 18 – paragraph 3 – subparagraph 2 a (new)
Union level social partners shall appoint all social partner representatives
Amendment 300 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States, the social partners and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
Amendment 303 #
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 extendable renewable once.
Amendment 304 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard.
Amendment 305 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. Members of the Stakeholder Group may attend all meetings of the Management Board as observers.
Amendment 308 #
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2) as well as seconded national experts in accordance with Article 34, and shall publish annually on its website the declaration of interests of the Management Board members;
Amendment 309 #
Proposal for a regulation
Article 19 – paragraph 1 – point h a (new)
Article 19 – paragraph 1 – point h a (new)
(ha) discuss proposals and recommendations by the Stakeholder Group and provide a reasoned answer;
Amendment 311 #
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Chairpersons of the Management Board
Amendment 314 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect atwo Chairperson and a Deputy Chairpersons from among the members with voting rights, andwho shall strive forbe elected respecting the gender balance. The Chair person and the Deputy Chairpersons shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 315 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.
Amendment 316 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 3
Article 20 – paragraph 1 – subparagraph 3
Amendment 317 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairpersons shall be 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 319 #
Proposal for a regulation
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7a. The minutes of the meetings of the Management Board shall be published on the Authority’s website. The agenda of the meetings of the Management Board shall be provided in advance to the Stakeholder Group.
Amendment 327 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Directoits elected chair and shall meet at least twice a year on the initiative of the Executive Director or at the request of the Commission or at the request of 20% of its members.
Amendment 328 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six(a) ten representatives of Union- level and/or national social partners equally representing trade unions and employer’s organisations, of which at least six represent a sectorial interest, 6 representatives of civil society organisations; (b) eight representatives of civil society organisations; (c) and two representatives of the Commission.
Amendment 333 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. (a) The members and alternate members of the Stakeholder Group referred to in 4(a), shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically rep European Social Partners with due respect to gender balance and ensuring adequate representation of SMEs and appointed by the Management Board. (b) The members and alternate members of the Stakeholder Group referred to in 4(b), shall be nominated by the European Economic and Social Committee. EES will pay particular attention to geographic balance, gender balance and representation of the different fields of activity of CSOs (inter alia pensions, health care, gender equality, migration, youth and disability) and appointed by the Management Board. (c) The members and alternate members of the Stakeholder Group referred to in 4(c), shall be nominated by the European Commission with due respect to gender balance any members who are absent or indisposed. To the extent possible, an appropriate gender balance shall be respected, as well as adequate representation of SMEs. d appointed by the Management Board. (d) Where based on nominations under point (a-c) gender balance is highly disproportionate, i.e. less than 30% of one gender, the Management Board shall delay the appointment until this is rectified and invites nominating organisations to bring forward more balanced proposals. (e) All members of the Stakeholder Group must demonstrate relevant professional knowledge and skills. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed.
Amendment 335 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The Authority shall make public the opinions, and advice and recommendations of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.
Amendment 339 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure. When there are two candidates of equal merit, the Management Board shall give preference to the under-represented gender.
Amendment 343 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Authority. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Authority.
Amendment 346 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The activities of the Authority as well as activities, national, concerted or joint inspections carried out with the involvement of staff of the Authority shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.
Amendment 347 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a Whistleblower protection Persons bringing cases to the Authority, including on labour or social security fraud, either directly or via national enforcement authorities, shall be protected against any unfavourable treatment by their employer.