54 Amendments of Rosa D'AMATO related to 2018/0064(COD)
Amendment 82 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness 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 situations as well as access to relevant services, support compliance andpromote cooperation between the Member States 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 disruptionputes.
Amendment 92 #
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 servicethe posting of workers. It should also enhance cooperation between Member States in tackling undeclared work, letterbox companies and the phenomenon of bogus self-employment. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, andcompetent national authorities where appropriate.
Amendment 105 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to 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 facilitatefacilitate access to information with regard to 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) 2016/2016 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 120 #
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.
Amendment 129 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. Increased cooperation with the Authority should not place an excessive administrative burden on employers, and in particular on micro, small and medium-sized enterprises.
Amendment 133 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 137 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and supportprovide assistance in concerted and joint inspections, in accordance with Articles 9 and 10;
Amendment 145 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputesfacilitate a solution between Member States' authorities on the application of relevant Union law, in accordance with Article 13;
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 156 #
Proposal for a regulation
Article 6
Article 6
Amendment 172 #
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) promote the development of initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) enable the cross-border matching of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (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, 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. The Authority shall manage the 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
Amendment 177 #
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 develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The aAuthority 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 188 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform forssistance in 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 tocontact the Authority for mediationin order to receive assistance 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 administrations. __________________ 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 194 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 196 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 208 #
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 the utmost transparency. 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 210 #
Proposal for a regulation
Recital 22
Recital 22
(22) Without prejudice to the powers of the Commission, tThe Management Board and the Executive Director should be independent in the performance of their duties and act in the public interest.
Amendment 218 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 223 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The decision on the seat of the Authority should involve the European Parliament, fully respecting its role as co-legislator, and should be based on objective and substantive criteria, which should exclude random methods such as the drawing of lots and should ensure full transparency throughout the decision- making process.
Amendment 224 #
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 andwith the support of the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establishdraw up a model agreement.
Amendment 226 #
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and, maximising synergies and avoiding duplication, thus achieving financial savings: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust).
Amendment 230 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they wiall bthe providing their assistance to the inspectionarticipating Member States.
Amendment 234 #
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. Those reports shall be made public and shall contain information about those cases where the authority of a Member State does not participate in or conduct the concerted or joint inspection referred to in paragraph 1. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.
Amendment 252 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workers and services and to contribute to strengthening fairness 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 thoseat activitiesy and the need for increased cooperation between Member States, be better achieved at Union level, the Union may adopt measures in accordfull compliance 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 thoseat objectives.
Amendment 262 #
Proposal for a regulation
Article 13 – title
Article 13 – title
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, the Authority may perform a mediation rolehelp find a solution.
Amendment 269 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation byapplying to the Authority, Member States 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 272 #
Proposal for a regulation
Article 14
Article 14
Amendment 290 #
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 once only.
Amendment 318 #
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.
Amendment 353 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and supportprovide assistance in concerted and joint inspections, in accordance with Articles 9 and 10;
Amendment 365 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputesfacilitate a solution between Member States' authorities on the application of relevant Union law, in accordance with Article 13;
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 390 #
Proposal for a regulation
Article 6
Article 6
Amendment 436 #
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 498 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
Amendment 587 #
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 andwith the support of the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establishprepare a model agreement.
Amendment 619 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they wiall bthe providing their assistance to the inspectionarticipating Member States.
Amendment 639 #
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. Those reports shall be made public and shall contain information about those cases where the authority of a Member State does not participate in or conduct the concerted or joint inspection referred to in paragraph 1. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.
Amendment 643 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 702 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 705 #
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, the Authority may perform a mediation rolhelp resolve the dispute.
Amendment 714 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. UponAt the request of oneall of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for that 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 thatmay provide assistance with a view to resolving the dispute.
Amendment 730 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation byapplying to the Authority, Member States 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 736 #
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 mediationassistance by the Authority.
Amendment 743 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 749 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 757 #
Proposal for a regulation
Article 14
Article 14
Amendment 774 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate, in order to ensure coordination, promote synergies and avoid duplications in their activities for the sake of resource and cost efficiency.
Amendment 785 #
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 825 #
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 once only.
Amendment 894 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s’ organisations, and two representatives of the Commission, and the Union sectoral organisations that participate in the Committee of Experts on Posting of Workers and the European Platform to enhance cooperation in tackling undeclared work.
Amendment 970 #
Proposal for a regulation
Article 49
Article 49
Regulation (EU) 2016/589
Articles 1, 3, 4, 7, 8, 9, 14, 29
Articles 1, 3, 4, 7, 8, 9, 14, 29