Activities of Stephen HUGHES

Motion for a resolution
Recital L

L. wWhereas fiscal consolidation ~~must continu~~has to be a medium to long term objective in view of the high debt levels and long-term challenges to public finances; whereas fiscal consolidation can have negative growth and employment effects in the short term, especially in countries in recession or with marginal growth rates, compromising future growth and job-creation potential; wWhereas therefore fiscal consolidation ~~must therefor~~should take the state of the econ~~tinue in a growth-friendly manner~~omy and its position in the business cycle into account;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Recital M

M. whereas, in spite of the urgency of the situation, the European Union is failing on almost all of the Europe 2020 targets, and progress in Member States in delivering on the Europe 2020 objectives has been disappointing; whereas commitments set in the National Reform Programmes 2012 are insufficient to meet most of the EU-level targets;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Recital N

N. wWhereas investment in ~~research, innovation,~~ education and training, research and innovation – key areas for economic growth and job creation, – is still lower in the EU than in its main economic partners and competitors elsewhere in the world;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Recital O

O. whereas the gender dimension is crucial to achieving the EU 2020 headline targets, as women form the greatest reserve of as yet unused labour force; whereas women form the majority of those living in poverty in the EU; whereas cuts to public services such as child care and other dependants care will have a disproportionate impact on women and consequently their ability to participate in the labour market, 'whereas specific attention needs to be paid therefore to gender mainstreaming and specific policies targeted at women throughout the European Semester process;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 3

3. Points out that the economic situation and the social consequences of the crisis have further deteriorated during the last year and stresses therefore ~~stresses~~ the importance of stepping up the commitment of Member States~~' commitment~~ to follow~~ing~~ the 2013 policy guidance, in particular in the employment and social policy area.; and therefore stresses the importance of structurally reconsidering the strategy of austerity and the type of structural reforms in particular in the employment and social area that the AGS 2013 is recommending and which many member states have been implementing with dire consequences on economic performance, employment and social cohesion;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 11

11. Calls on ~~the~~ Member States to adopt measures favourable to job creation such as labour tax reforms that ~~provide~~incentives employment ~~incentives~~, promote and support self- employment and business start-ups, improve the framework for doing -business, and facilitate the access to financing for SMEs, transform informal and undeclared work into regular employment, reform labour markets ~~to make them more adaptive, dynamic and inclusive, modernise~~, if necessary and feasible and through social dialogue strictly respecting the European Social Aquis, strengthen the coordination of wage- setting systems to ensure fair wages and align real wages with productivity ~~development~~trends for the overall economy while respecting the autonomy of collective bargaining and the diversity of national models of industrial relations, exploit the high employment potential of sectors such as the green economy, health and social care, and ~~the~~ ICT sector to create jobs.;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 16

16. Recalls that the gap between Member States in employment and social indicators is widening; ~~points out~~Signals that Member States with relatively un-segmented labour markets, strong welfare systems and an ability to temporarily adjust working hours, working time and other flexible working arrangements (internal flexibility) ~~have proved more resilient in the fa~~and robust collective bargaining practice, have shown better resilience tof the employment and social consequences of the crisis;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 18

18. Warns that austerity measures ~~should not~~ compromise the quality of employment, ~~nor~~ social protection and health and safety standards.;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 20

20. Calls on ~~the~~ Member States~~, while pursuing fiscal consolidation, to secure efficient~~ to commit to increased investment in education and training.'

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 24

24. Acknowledges th~~e need to continue~~at fiscal consolidation programmes ~~in order to guarantee the sustainability of public finances, but warns about the negative short-term~~have negative growth and employment effects ~~thereof~~in the short term, especially in countries in recession or with marginal growth rates;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 25

25. Considers that the strategy of fiscal consolidation ~~must continue in a proport~~has pushed many Member States back into recessional and growth-friendly manner and that the rhythm of consolidation must be differentiated across countries according to their fiscal space, in order to achieve the proper balance between potential negative growth and employment effects and the risks to debt sustainabilit, through negative feedback effects, has been self defeating and unable to bring public debt ratios under control. Calls on the Commission, the ECB, and the Council to implement a temporary but immediate moratorium on new austerity measures, followed by a fundamental revision of deficit targets so as to adapt the rhythm of consolidation in function of the state of the real economy;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 26

26. Calls on the European Council to ensure coherence between the different priorities in its policy guidance, so ~~that fiscal consolidation does not~~as not to compromise growth and job creation potential, increase poverty and social exclusion, or prevents the provision of public services of quality; believes that the main priority must be to put into place integrated reform measures and investments that promote growth and job creation whilest guaranteeing the sustainability of public finances;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 30

30. Recalls that strengthening job-rich growth calls for employment policies that generate favourable conditions for job creation, facilitate positive transitions from job to job and from unemployment to employment, ~~increase the labour supply~~redistribute the volume of labour and improve its geographic and skills matching with labour market needs.

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 31

31. Stresses the need ofor reforms in the labour market to increase labour productivity and efficiency in order to improve ~~the~~ EU economy's competitiveness and guarantee a sustainable growth and job creation~~; b~~ while strictly respecting both the letter and spirit of the European Social Aquis and its principles; Believes that reforms in labour markets should be implemented in such a way as to promote job quality;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 36

36. Recalls that ~~the full exploitation of~~(deleted) the job creation potential of these new sectors will ~~require~~need adaptation, especially ~~among~~of lower skilled and older workers, and new skills; cCalls on the Commission and ~~the~~ Member States not only to anticipate skills needs ~~in these sectors and th~~(deleted) but also to increase investments in education and training to provide those skills;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 47

47. Calls on the EU and Member States to foster cooperation and synergies between the education ~~and~~ -training sector and enterprises to anticipate skills' needs and adapt education and training systems to the needs of the labour market, with the aim of providing the workforce with the necessary skills and facilitating the transition from education and training to workwithout being narrowed down to serve the needs of the labour market;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Paragraph 55

55. Calls on ~~the~~ Member States to simplify employment legislation with a view to promoting stable employment relationships and support and develop conditions for more flexible working arrangements, especially for older and younger workers, and to promote workers' mobility through mobility support schemes;

2012/12/17
Committee: EMPL

2012/2257(INI)

Motion for a resolution
Recommendation 1 a (new)

1 a. Structurally reconsiders the strategy of austerity and the type of structural reforms which have been pursued thus far. Ensure that labour markets reforms, if such reforms are necessary and feasible, are done through social dialogue and strictly respect the letter and the spirit of the European Social Aquis.

2012/12/17
Committee: EMPL

2012/2257(INI)

Liem HOANG NGOC, Stephen HUGHES, Elisa FERREIRA, Udo BULLMANN

Motion for a resolution
Recommendation 2.4 - 1st paragraph

~~Modernise~~Strengthen the coordination of wage- setting systems to ~~align wages with productivity development~~ensure fair wages and align real wages with productivity trends for the overall economy while respecting the autonomy of collective bargaining and the diversity of national models of industrial relations.

2012/12/17
Committee: EMPL

2012/2151(INI)

Motion for a resolution
Annex – part 2 – point 2.5 c (new)

Recommendation 2.5c on a golden rule for public finance The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: Fiscal rules for member states whose currency is the euro should be made anti- cyclical by introducing a distinction between operational government spending and public investments linked to the achievement of the Union's growth strategy; the latter should not be accounted for in the computation of deficits for the purpose of the correction and prevention of excessive deficits.

2012/10/02
Committee: ECON

2012/2151(INI)

Liem HOANG NGOC, Pervenche BERÈS, Stephen HUGHES, Alejandro CERCAS, Elisa FERREIRA, Roberto GUALTIERI

Motion for a resolution
Annex – part 3 – point 3.2 a (new)

Recommendation 3.2a on a Social Pact for Europe The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: According to the Treaties the promotion of high employment and the guarantee of adequate social protection has to be taken into account in defining and implementing the policies and activities of the Union; The specific rules for a binding supervision of the budgetary discipline in the euro area can and should complement fiscal and macroeconomic benchmarks with employment and social benchmarks to ensure the appropriate implementation of the abovementioned provision through adequate Union financial provisions; A social pact for Europe should be set up to promote: - the introduction a European youth guarantee; - a euro area-specific unemployment insurance fund endowed with its own, dedicated fiscal resources; - 25 % of cohesion funding for ESF; - high quality and appropriate financing of public services; - decent living wages; - access to affordable and social housing; - a social protection floor to guarantee universal access to essential health services regardless of income; - support and subsistence security; - the implementation of a social protocol to protect fundamental social and labour rights; - a European framework to manage restructuring in a social and responsible way; - a new health and safety strategy including stress-related diseases; - equal pay and equal rights for work of equal value for all;

2012/10/02
Committee: ECON

2012/2131(INI)

Emine BOZKURT, Vilija BLINKEVIČIŪTĖ, Stephen HUGHES

Motion for a resolution
Recital 33

– having regard to the judgments of the European Court of Justice in cases nos C- 214/94, C-112/75, C-110/73, C-247/96, C- 300/84, C-237/83 ~~and~~, C-60/93 and C-485/07,

2012/11/12
Committee: EMPL

2012/2131(INI)

Emine BOZKURT, Vilija BLINKEVIČIŪTĖ, Stephen HUGHES

Motion for a resolution
Paragraph 28

28. Calls, therefore, for a uniform and reciprocal EU approach to social security coordination vis-à-vis third countries to be adopted, covering all EU citizens and third- country nationals, without prejudice to the rights of third country nationals deriving from Association Agreements and developed by the European Court of Justice;

2012/11/12
Committee: EMPL

2012/2098(INI)

Draft opinion
Paragraph 1

1. Encourages the EU to play an active role in raising awareness of the contribution enterprises can give to ~~society~~their workers, communities and to society in general through Corporate Social Responsibility (CSR) in the field of culture and education, including through on-going development of workers' skills and qualifications through training and lifelong learning;

2012/11/16
Committee: CULT

2012/2097(INI)

Draft opinion
Paragraph 1

1. Encourages the EU to play an active role in raising awareness of the contribution enterprises can give to ~~society~~their workers, communities and to society in general through Corporate Social Responsibility (CSR) in the field of culture and education, including through on-going development of workers' skills and qualifications through training and lifelong learning;

2012/11/16
Committee: CULT

2012/2097(INI)

Motion for a resolution
Paragraph 23 a (new)

23a. Insists that trade union rights and freedoms are at the centre of any CSR strategy, commends the extensive EU framework of sectoral and cross-sectoral social dialogue structures and calls for full and active consultation and involvement of representative organisations and trade unions in particular in the development, operation and monitoring of companies' CSR processes and structures, working with employers in a genuine partnership approach;

2012/11/30
Committee: EMPL

2012/2097(INI)

Motion for a resolution
Paragraph 23 b (new)

23b. Calls for CSR policies to include specific measures to tackle the unlawful practice of blacklisting workers and denying them access to employment, often due to their trade union membership and activities or health and safety representative role;

2012/11/30
Committee: EMPL

2012/2097(INI)

Motion for a resolution
Paragraph 23 c (new)

23c. Insists that any enterprise that is found to be blacklisting workers or breaching human rights and labour standards should be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level;

2012/11/30
Committee: EMPL

2012/2097(INI)

Motion for a resolution
Paragraph 23 d (new)

23d. Asks the Commission to introduce a more open and clear procedure for filing and considering complaints of non- compliance to CSR principles, including enforcement mechanisms and initiating investigations, where necessary;

2012/11/30
Committee: EMPL

2012/2097(INI)

Motion for a resolution
Paragraph 23 e (new)

23e. Notes that CSR policies must be respected not only by the main company or contractor but also by any sub- contractors or supply chains which it may use, whether in the supply of goods, workers or services and whether based in the EU or in a third country, thereby ensuring a level playing field based on fair pay and decent working conditions, and guaranteeing trade union rights and freedoms;

2012/11/30
Committee: EMPL

2012/2097(INI)

Motion for a resolution
Paragraph 23 f (new)

23f. Endorses the Commission's Directive on minimum standards for victims and calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside;

2012/11/30
Committee: EMPL

2012/2078(INI)

Draft opinion
Recital -A a (new)

-Aa. whereas pursuant to Article 3 (3) TEU the Union shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Recital A

A. whereas, pursuant to Article 9 TFEU, the promotion of a high level of employment ~~and~~, the guarantee of adequate social protection ~~must~~, the fight against social exclusion, and a high level of education, training and protection of human health shall be taken into account in defining and implementing ~~the~~Union policies and activities ~~of the EU~~;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Recital A a (new)

Aa. whereas pursuant to Article 151 TFEU the Union and the Member States shall have as their objectives the promotion of employment, improved living and working conditions, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Recital B

B. whereas the Treaties provide several ways forward regarding employment and social policies, the potential of which has not been fully exploited in particular with regard to Article 9 TFEU, Article 151 TFEU and Article 153 TFEU, but also more generally with regard to Article 329 TFEU;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 2 a (new)

2a. Underlines the need to complement the Stability and Growth Pact with binding targets and European-level monitoring for employment and unemployment levels, education spending, investments in research and development and the reduction of people living at risk of poverty;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 3

3. Calls for the establishment of employment and social benchmarks in addition to fiscal and macroeconomic benchmarks within the rules for binding supervision of budgetary discipline in the eEuro area to ensure the appropriate implementation of Article 9 TFEU and Article 151 TFEU;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 4

4. Stresses that the existence and aggravation of internal imbalances call for automatic stabilisers at EU or euro area level, such as a European youth guarantee or a European minimum unemployment allowance;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 5

5. Notes that neither the roadmap ‘'Towards a Genuine Economic and Monetary Union’' nor the interim report presented by Council President Van Rompuy address employment and social policies; reiterates, therefore, its call for a Social Pact, as outlined in ~~the report, adopted on 15 October 2012 by its Committee on Economic and Monetary Affairs~~its resolution of 20 November 2012, with recommendations to the Commission on the report of the Presidents of the European Council, the Commission, the European Central Bank and the Eurogroup ‘'Towards a genuine Economic and Monetary Union’';

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 6 a (new)

6a. Calls for a social protocol to the Treaties to protect fundamental social and labour rights;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 6 b (new)

6b. Calls for a further strengthening of Article 9 TFEU in line with Article 11 TFEU in order to ensure a comprehensive and systematic integration of social matters into the definition and implementation of Union policies and activities;

2013/09/03
Committee: EMPL

2012/2078(INI)

Draft opinion
Paragraph 6 c (new)

6c. calls for Treaty provisions to fight social dumping in line with the TFEU Articles on competition rules, thereby giving the powers to the Commission to act as anti-social dumping authority and to enforce these provisions by independent investigations and the issuing of sanctions;

2013/09/03
Committee: EMPL

2012/2078(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Draft opinion
Paragraph 9

9. Calls on Member States, where ~~unjustified~~ blocking minorities are preventing ~~necessary~~ progress, to expand the principle of enhanced cooperation to social and employment policies.

2013/09/03
Committee: EMPL

2012/2065(INI)

Motion for a resolution
Citation 3 a (new)

- having regard to the Council Resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work, in particular article 41 __________________ 1 4. Develop a preventive and protective action for substances recognized as being carcinogenic, by fixing exposure limits, sampling requirements and measuring methods, and satisfactory conditions of hygiene at the work place, and by specifying prohibitions where necessary.

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Karima DELLI

Motion for a resolution
Recital A a (new)

Aa. whereas as early as 1977 a group of experts commissioned by the European Commission concluded: 'There is no theoretical evidence for an exposure threshold below which cancers will not occur. A safe exposure level to asbestos has not been established', whereas this opinion has been affirmed over the years by all relevant scientific advisory bodies, whereas it is generally accepted by courts that there is no known threshold exposure to asbestos below which there is no risk,

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Recital J a (new)

Ja. whereas local communities lack expertise and have serious shortcomings in the execution of prevention, surveillance and enforcement tasks, which are often too fragmented;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Karima DELLI

Motion for a resolution
Recital N a (new)

Na. whereas, in line with Directive 92/57/EEC1, in dangerous situations facilities must be provided to enable working clothes to be kept in a place separate from workers' own clothes and personal effects __________________ 1 Directive 92/57/EEC: Annex IV PART A GENERAL MINIMUM REQUIREMENTS FOR ON-SITE WORKPLACES 14.1.2 If circumstances so require (e.g. ►C1 dangerous substances ◄, humidity, dirt), facilities must be provided to enable working clothes to be kept in a place separate from workers' own clothes and personal effects.

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Recital T

T. whereas asbestos exposure is a threat to the general population and causes diseases to a recognised extent1; __________________ 1 A parliamentary committee concluded in 1978 after an 18-month investigatory period that asbestos presented ‘a danger both to workers in the asbestos industry and to those exposed in other situations’ (European Parliament 1978)

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Paragraph 2

2. Urges the EU to develop models for monitoring existing asbestos in private and public buildings including residential and non-residential housing, land, infrastructure, logistics and piping;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Elisabeth MORIN-CHARTIER

Motion for a resolution
Paragraph 3

3. Urges the EU to establish action plans for owners of public buildings for the safe removal of asbestos by 2032 and to encourage private house owners to audit their premises for ACMs;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Paragraph 10

10. Calls on the Commission to propose a specific directive with minimum requirements for the vocational training of construction and maintenance workers and management, including construction professionals who are working incidentally with asbestos;

2012/10/18
Committee: EMPL

2012/2065(INI)

Elisabeth MORIN-CHARTIER, Georges BACH, Stephen HUGHES

Motion for a resolution
Paragraph 15

15. Calls on the EU to establish a roadmap for asbestos-free workplaces and an asbestos-free environment, based on the principles laid out by the WHO1; __________________ 1 WHO - 'Global Health Risks: Mortality and burden of disease attributable to selected major risks' - http://www.who.int/healthinfo/global_bur den_disease/GlobalHealthRisks_report_fu ll.pdf and http://www.who.int/ipcs/assessment/public _health/asbestos/en/

2012/10/18
Committee: EMPL

2012/2065(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Calls for offenders to be prosecuted and punished, and therefore for any obstacles to such action which may be contained in national criminal law to be surveyed and abolished;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Elisabeth MORIN-CHARTIER, Georges BACH, Karima DELLI

Motion for a resolution
Paragraph 21 a (new)

21a. Calls on the Commission to urgently put forward a proposal to amend Directive 2004/37/EC on the protection of workers from the risks related to carcinogens and mutagens at work, ensuring that the health of workers at risk of being exposed to carcinogens be protected and safeguarded through the promotion and exchange of best practices in prevention and diagnosis;

2012/10/18
Committee: EMPL

2012/2065(INI)

Elisabeth MORIN-CHARTIER, Georges BACH, Stephen HUGHES

Motion for a resolution
Paragraph 21 a (new)

21a. Calls for recognition procedures to be simplified and facilitated;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Paragraph 23

23. Calls on the EU to ensure that all asbestos-related ~~occupational diseas~~diseases, including pleural plaques, are recognised and compensated for;

2012/10/18
Committee: EMPL

2012/2065(INI)

Elisabeth MORIN-CHARTIER, Georges BACH, Stephen HUGHES

Motion for a resolution
Paragraph 28

28. Ccalls on the ~~EU to establish independent advisory boards of~~relevant agencies of the EU - with the help of independent medical and technical experts - to delineate the scientific proof required to prove that certain working conditions induced asbestos-related disease;

2012/10/18
Committee: EMPL

2012/2065(INI)

Motion for a resolution
Paragraph 32 a (new)

32a. Calls, more generally, for the concept of health and safety of employees to be taken into account by national law and to constitute a performance obligation for employers with reference to Framework Directive 89/931/EC;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Karima DELLI, Elisabeth MORIN-CHARTIER, Georges BACH

Motion for a resolution
Paragraph 34

34. Calls on the EU to address the unacceptable dumping of asbestos on developing countries at forums where trade agreements are being discussed, in particular at the WTO, and to exert diplomatic and financial pressure on asbestos-exporting countries to shut down asbestos mining industries and to stop the illegal and unethical practice of exporting end-of-life ships containing asbestos;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Georges BACH, Elisabeth MORIN-CHARTIER, Karima DELLI

Motion for a resolution
Paragraph 35 a (new)

35a. Condemns European financial investment in global asbestos industries;

2012/10/18
Committee: EMPL

2012/2065(INI)

Stephen HUGHES, Elisabeth MORIN-CHARTIER, Georges BACH, Karima DELLI

Motion for a resolution
Paragraph 35 b (new)

35b. Calls on the Commission to ensure that vessels carrying asbestos as cargo in transit can neither dock nor use port facilities or temporary storage within the EU;

2012/10/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3 a. This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. The data shall not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar them from future employment.

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 9 – paragraph 1

1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited. In particular, this would include safeguards to prohibit the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles.

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 14 – paragraph 3

3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 14 – paragraph 5 – point b

~~(b) the data are not col~~delected ~~from the data subject and the provision of such information proves impossible or would involve a disproportionate effort; or~~

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 77 – paragraph 1

1. Any person who has suffered material or non-material damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any injury to feeling.

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 78 – paragraph 2 a (new)

2 a. Member States shall lay down rules on penalties that are effective and dissuasive in preventing any abuse of the fundamental right to the protection of personal data as enshrined in the Charter of Fundamental Rights, including legal provisions outlawing as a criminal offence the use of personal data to blacklist workers, vet them or bar them from future employment.

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 78 – paragraph 2 b (new)

2 b. Member States shall ensure that persons or companies found to be taking part in blacklisting will be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims and there is reliable proof that this criminal culture has been removed from the organisation

2012/12/18
Committee: EMPL

2012/2011(COD)

Proposal for a regulation
Article 82 – paragraph 1

1. ~~Within the limits of this Regulation,~~ Member States ~~may~~shall adopt by law and practice specific rules regulating the processing of employees‘' personal data in the employment context, in particular ~~for~~but not limited to the purposes of the recruitment, or the performance of the contract of employment~~, including~~. This will include measures to outlaw the blacklisting of workers, the discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.

2012/12/18
Committee: EMPL

2012/2011(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a regulation
Article 82 – paragraph 1 a (new)

1 a. Notwithstanding the other provisions of this Regulation, the legal provisions of Member States shall include: a) measures to prohibit the covert monitoring and tracking of workplace activities through the use of technologies such as radio frequency identification; b)rules to outlaw as a criminal offence the use of data to blacklist, vet or bar from employment, which is a breach of fundamental rights and has a devastating impact not only on the worker but also on their wider family when they are illegally denied access to employment and therefore financial income; c) measures to ensure that any person or enterprise found to be taking part in blacklisting will face significant penalties. This will include exclusion from receiving EU grants or funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims of blacklisting and there is reliable proof that this criminal culture has been removed from the organisation

2012/12/18
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS, Sergio Gaetano COFFERATI

Proposal for a directive
Citation 1 a (new)

Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 1

(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market ~~in the Union enshrined in the Treaty~~. The implementation of these principles is further developed by Union ~~aimed at guaranteeing a level playing field for businesses and respect for the rights of worker~~legislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3

(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, 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 establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3 a (new)

(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Recital 3 b (new)

(3b) The key characteristic of genuine posting is that the workers concerned are not seeking permanent access to the labour market of the host Member State to which they are posted.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3 c (new)

(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 6

(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems ~~and~~, Regulation 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, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 8

(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 9

(9) For the purpose of ensuring that a posted worker receives the correct pay ~~and provided~~ allowances specific to posting can be considered part of minimum rates of pay, ~~such allowances should only be deducted from wages if national law, collective agreements and/or practice~~as provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost ~~Member State provide for this~~ing, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 9 a (new)

(9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, w~~ithout neglect~~hile underlining the important role of labour inspectorates and the social partners in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI

Proposal for a directive
Recital 10 a (new)

(10a) Effective, regular and flexible labour inspections are essential and adequate funding should be provided in order for the competent authorities to detect and combat misuse and circumvention. Member States should be entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 10 b (new)

(10b) Posted workers should not be used to replace workers on strike.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 11 a (new)

(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 11 b (new)

(11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 11 c (new)

(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Recital 11 d (new)

(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Recital 14

(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 14 a (new)

(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply ~~only certain~~the necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 17

(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 17 a (new)

(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Recital 18

(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice~~, and to reduce, as far as possible, differences in the level of application and enforcement across the Union,~~ Member States should ensure that effective and adequate inspections are carried out on their territory.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 20

(20) In order to cope in a flexible way with the diversity of labour markets and industrial relations systems, by way of exception, other actors and/or bodies may monitor certain terms and conditions of employment of posted workers, provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non- discriminatory and objective manner.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 23

(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 24

(24) ~~In view of the prevalence of subcontracting in the construction sector,~~With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 26 a (new)

(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Recital 32

(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 33

(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 33 a (new)

(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1

1. This Directive establishes a ~~general common framework of appropriate~~set of provisions, measures and control mechanisms ~~necessary for~~enabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the ~~applicable rules~~terms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)

This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2

This Directive aims to guarantee respect for an appropriate level of ~~minimum~~ protection of the rights of posted workers for the cross- border provision of services, while ~~facilitating the exercise of the freedom to provide services for service providers and~~ promoting fair competition between service providers.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)

This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States a~~nd by Union law~~s well as at Union and international level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 1 a (new)

Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘'competent authority’' means an ~~authorit~~y body designated by a Member State to perform functions under this Directive, including social partners;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – title

~~Preventing abuse and circumvention~~Minimum provisions for implementation and monitoring

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake ~~into account~~an overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities~~. Such elements may include~~ in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the place where the undertaking ~~has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodies~~performs its substantial business activity in the sector where the posted worker is employed,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)

(a a) the place where the undertaking pays taxes and social security contributions,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)

(a b) the generation of more than 25% turnover in the Member State of establishment,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the place where posted workers are recruited and usually employed,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c

(c) the ~~law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients~~proportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)

If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

~~Such elements may include~~In particular, the following elements shall be taken into consideration:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a

(a) the work is carried out for a limited period of time ~~in another Member State;~~ of a maximum of six months in another Member State; with the agreement of the social partners of the Member States to which the posting takes place, the posting period can be longer, but cannot in any case exceed one year; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b

(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work ~~according to Regulation (EC) No 593/2008 and/or the Rome Convention~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)

(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)

(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c

(c) the posted worker returns or is expected to resume working tofor the ~~Member State from which he/she is~~same employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d

(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done~~, as well as~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e

~~(e) any repeated previous periods during which the post was filled by the same or another (posted) worker.~~delete

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

All the factual elements enumerated above ~~are indicative factors~~shall be included in the overall assessment to be made and ~~may~~shall not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 2 b (new)

2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Pervenche BERÈS, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 a (new)

Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 b (new)

Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment ~~referred to in Article 3 of Directive 96/71/EC~~ which are to be applied and complied with by service providers are made generally available ~~in a clear~~free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 2 – point a

(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 2 – point b

(b) take the necessary measures to make generally available on ~~internet site~~websites and by other means information on which collective agreements are applicable (and to whom), and ~~which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby,~~ where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 5 – paragraph 2 – point c

(c) make the information available to workers and service providers in ~~languages other than the national language(s) of the country in which the services are provided~~the requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI

Proposal for a directive
Article 5 – paragraph 2 – point e

(e) indicate~~, if possible,~~ a contact person at the liaison office in charge of dealing with requests for information;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information~~, in particular~~ concerning the different minimum rates of pay ~~and their constituent elements~~, the method used to calculate the remuneration ~~due~~ and the qualifying criteria ~~for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers~~. Terms and conditions of employment should be available in an accessible and transparent way.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 a (new)

Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 5 b (new)

Article 5b Temporary Information and consultation body for transnational workplaces 1. Member States shall ensure that a temporary transnational information and consultation body for transnational workplaces is established when at least two foreign service providers are posting workers to a workplace in order to inform and consult posted workers about their rights. 2. The central or local management of the main contractor shall be responsible to inform immediately the local workers representative bodies and initiate negotiations for the establishment of a temporary information and consultation body for transnational workplaces. The Member States shall determine the rules of procedure in accordance with the national practices. 3. The temporary information and consultation body for transnational workplaces shall be established for the whole duration of the workplace from the moment when at least two foreign services providers have posted workers on the workplace. 4. The temporary information and consultation body for transnational workplaces will be composed of representatives from the management of the main contractors and employee representatives.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 2

2. The cooperation of the Member States shall in particular consist in replying to ~~reasoned~~ requests for information without delay and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 4

4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)

Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used where it is suspected that an undertaking does not genuinely perform substantial activities in the Member State of establishment in accordance with Article 3 of this Directive.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2 a (new)

This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 7

7. Member States shall ensure the confidentiality of the information which they exchange~~. Information exchanged shall be used only in respect of the matter(s) for which it was requested~~ in accordance with national law and practice.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 9

~~9. The Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the application of Article 3(10) of Directive 96/71/EC.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – title

Role of the Member State ~~of establishment~~s

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 7 – paragraph 1

1. The Member State of establishment of the service provider shall continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures, with respect to workers posted to another Member State.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 2

2. In the circumstances referred to in Article 3 (1) and (2) and Article 9(1), the Member State of establishment of the service provider shall assist the Member State to which the posting takes place to ensure compliance with the conditions applicable under Directive 96/71/EC and this Directive. The Member State of establishment of the service provider shall, on its own initiative, communicate to the Member State to which the posting takes place any relevant information as specified in Articles 3 (1) and (2) and 9(1), where the Member State of establishment of the service provider is aware of specific facts which indicate possible irregularities.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 3

3. Competent authorities of the host Member State may equally ask the competent authorities of the Member State of establishment, for each instance where services are provided or for each service provider, to provide information as to the legality of the service provider's establishment, the service provider's good conduct, and the absence of any infringement of the applicable rules. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 6.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 4

4. The obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the Member State of establishment to carry out factual checks and controls in the territory of the host Member State where the service is provided. Such checks and controls shall, if need be, be carried out by the authorities of the host Member State at the request of the competent authorities of the Member State of establishment, in accordance with Article 10 and in conformity with the powers of supervision provided for in the host Member State's national law, practice and administrative procedures and which respect Union law.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 7 a (new)

Article 7a 1. In accordance with Article 5 of the Directive 96/71/EC the Member State to which the posting takes place shall continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory. 2. In accordance with the principles established in Article 4 and 5 of Directive 96/71/EC the Member State of establishment of the service provider shall also continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures. To improve enforcement it shall support the competent authority of the Member State to which the posting takes place by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in Article 3 of this Directive and in Directive 96/71/EC. 3. Checks and controls shall be carried out by the authorities of the Member State to which the posting takes place in accordance with Article 10 and in conformity with the powers of supervision provided for in the Member State's national law, practice and administrative procedures. 4. Member States which discover that workers are being recruited solely for the purpose of posting to a third Member State or to work as bogus self-employed persons shall inform the competent authorities in the Member State to which the posting takes place without delay. 5. Member States shall provide the necessary resources in order to ensure effective checks and controls.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 8 – paragraph 2

2. The Commission shall ~~assess the necessity for~~ensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States ~~may only impose the following~~shall impose administrative requirements and effective control measures. These measures shall include in particular:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest ~~at the commencement~~one month in advance of the service provision, whereby the declaration ~~may only cover~~shall cover in particular: - the identity of the service provider,; - the ~~presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and~~anticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 1 – point a a (new)

(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets ~~and~~, - proof of payment of wages or copies of equivalent documents ~~during the period of posting~~, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in ~~its~~the territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) a translation ofin the ~~documents referred to under (b), may be justified provided~~requested official EU languages of these documents are ~~not excessively long and standardised forms are generally used for such documents~~ferred to under (b);

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 1 – point c a (new)

(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) an obligation to designate a ~~contact person~~legal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 1 – point d a (new)

(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed ~~easily~~ by undertakings, at a distance and by electronic means as far as possible.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 3

3. Within three years after the date referred to in Article 20, the ~~necessity~~effectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modifications.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 9 – paragraph 3 b (new)

3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that ~~appropriat~~effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in this Directive and Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and~~/or disproportionate~~ shall allocate the necessary resources for such inspections and controls.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 4

4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, ~~also the~~ monitor the application of the relevant terms and conditions of employment of posted workers~~, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed~~.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 1

1. For the enforcement of the obligations under ~~Article 6 of Directive 96/71/EC and this Directive~~this Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, ~~with their approval~~ in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.

2013/01/21
Committee: EMPL

2012/0061(COD)

Ole CHRISTENSEN, Stephen HUGHES

Proposal for a directive
Article 11 – paragraph 4

4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts and to national provisions according to which the parties to the collective agreements enforce these agreements.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 4

4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part

Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers ~~are able to receive~~or bodies acting on their behalf are able to claim and receive any due entitlements.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

~~(a) any outstanding remuneration which, under the applicab~~dele te~~rms and conditions of employment covered by Article 3 of Directive 96/71/EC, would have been due;~~d

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

~~(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2

This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC. (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Minodora CLIVETI, Alejandro CERCAS, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Evelyn REGNER, Richard FALBR, Frédéric DAERDEN, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12 a (new)

Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1

2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty ~~or fine~~, fine or retroactive social security contributions or notify a decision imposing a penalty or, a fine~~, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decis~~ or retroactive social security contributions.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2

The competent authority in the requesting Member State shall ensure that the request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine is made in accordance with the rules in force in that Member State, whereas the competent requested authority shall ensure that such recovery or notification in the requested Member State is effected in accordance with the national laws, regulations and administrative practices in force in the latter.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3

The requesting authority may not make a request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine if and as long as the fine or penalty, as well the underlying claim and/or the instrument permitting its enforcement in the requesting Member State, are contested in that Member State.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 13 – paragraph 2 a (new)

2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 14 – paragraph 2

2. For the purpose of recovery of a penalty ~~or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty~~, fine or retroactive payment of social security contributions or notification of a decision imposing a penalty, fine or retroactive payment of social security contributions in the requested Member State, any fine, penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1

3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.

2013/01/21
Committee: EMPL

2012/0061(COD)

Ole CHRISTENSEN, Stephen HUGHES

Proposal for a directive
Article 14 – paragraph 3 a (new)

3a. Articles 13 and 14 are also applicable to decisions made at meetings that form part of industrial procedures, including mediation meetings between the social partners.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned ~~or an interested party~~in compliance with the regulations applicable for contestation,, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 18 – paragraph 1

1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 or by other established methods of cooperation on which the Member States agree on a case-by-case basis or by means of bilateral agreements.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 18 – paragraph 2

2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 18 – paragraph 3

3. In the context of bilateral agreements referred to in paragraph 2, competent authorities of the Member States shall use IMI as much as possible. In any event, where a competent authority in one of the Member States concerned has used IMI, it shall be used for any follow-up required and shall take precedence over the mechanism(s) foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 19 a (new)

Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 21 – paragraph 1

No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council ~~and~~, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.

2013/01/21
Committee: EMPL

2011/2147(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Motion for a resolution
Paragraph 24 a (new)

24a. Calls on the Commission to revise the Framework Directive 89/391/EEC in order to ensure that adequate sanctions are applied against employers in the event of blacklisting of workers who endevour to improve the health and safety at their workplace. These sanctions must be effective, proportionate and dissuasive, and in cases aggravated by a serious violation of fundamental rights must include criminal liability for those directly responsible and any legal persons by whom they are engaged;

2011/09/20
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 1 a (new)

1a. Emphasises that public procurement rules need to be simplified and made more flexible so that public service obligations can be fulfilled; insists that the amendment of procurement rules must remain neutral as regards private versus public ownership in accordance with Article 345 of the TFEU;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Proinsias DE ROSSA, Sergio Gaetano COFFERATI

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; calls for compliance with social standards and collective agreements and payment of statutory minimum wages and fees during performance of the contract and in the input and supply chain to be made a binding criterion for the award of contracts, with a view to enforcing the principle of equal pay for equal work performed in the same place;

2011/07/26
Committee: IMCO

2011/2048(INI)

Draft opinion
Paragraph 2 a (new)

2a. Recognises the importance of decent work principles being respected in public procurement within the EU and calls on the EU Commission to include reference to a wide range of ILO Labour Standards to be included in the Articles in any revision of the procurement Directives;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 2 b (new)

2b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 2 c (new)

2c. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in-house’ method to include service providers who meet specific general interest criteria;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Linda McAVAN, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 2 d (new)

2d. Insists that the directive should encourage and explicitly allow contracting authorities to refer to horizontal policy objectives, such as sustainable development criteria in the subject-matters of tenders;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA, Linda McAVAN

Draft opinion
Paragraph 2 e (new)

2e. Considers that it should be explicitly stated in the revised Directive that “invisible” characteristics are also production characteristics and may be referred to in the technical specifications of tenders; emphasizes that whether a product or service is sustainably produced should be appropriately considered as a characteristic of the product or service being contracted, rather than an aspect of the contract performance;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 3 a (new)

3a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 3 b (new)

3b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA, Linda McAVAN

Draft opinion
Paragraph 3 c (new)

3c. Considers that the existing Most Economically Advantageous Tender (MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets to supply more socially, economically, and environmentally sustainable products and services;

2011/06/24
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 3 d (new)

3d. Considers that a maximum weighting should be set for the price criterion where public contracts are awarded on the basis of the economically most advantageous tender;

2011/06/24
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 4

4. Underlines the importance of including skills and training requirements in contract specifications as a long term strategy; stresses ~~however,~~ that these actions must ~~be relevant to the subject matter of the contract, be prop~~take into account the total life cost; calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authoriti~~onate, economically advantageous and take into account the total life cost~~es to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);

2011/06/24
Committee: EMPL

2011/2048(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 4 b (new)

4b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;

2011/07/26
Committee: IMCO

2011/2048(INI)

Draft opinion
Paragraph 4 a (new)

4a. Takes the view that all public procurement procedures should take account of life costs and that the Commission should lay down a method for determining those costs; considers that, following this, binding EU-wide standards establishing maximum life costs for the various types of public contract should be introduced;

2011/06/24
Committee: EMPL

2011/2048(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 5 b (new)

5b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;

2011/07/26
Committee: IMCO

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Motion for a resolution
Paragraph 5 c (new)

5c. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;

2011/07/26
Committee: IMCO

2011/2048(INI)

Draft opinion
Paragraph 5 b (new)

5b. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 6 a (new)

6a. Underlines the importance of ensuring high quality social services and goods when public money is spent and recognizing that contracting on the basis of lowest price will not achieve this; calls on the Commission to remove lowest price as an award criterion;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA, Linda McAVAN

Draft opinion
Paragraph 6 b (new)

6b. Considers that contracting authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 6 c (new)

6c. Takes the view, furthermore, that in connection with SSGIs it should be possible for contracting authorities to reserve specific contracts for non-profit organisations which specialise in providing social services;

2011/06/24
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 7

7. ~~Recognises the role the EU can play in facilitating the development of successful Public Private Partnerships~~Takes the view that Public Private Partnerships do not represent a good contracting model; such partnerships have often ended disastrously to the massive cost of the taxpayer;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 7 a (new)

7a. Recognises that public procurement, if used effectively, could be a real driver to promoting quality jobs, wages and conditions, equality, developing skills, training, promoting environmental policies, and providing incentives for research and innovation;

2011/06/24
Committee: EMPL

2011/2048(INI)

Motion for a resolution
Paragraph 9

9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that ~~in principle there should be only one option for the award of contrac~~the existing Most Economically Advantageous Tender(MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets: t~~he most~~o supply more socially, economically, a~~dvantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosen~~nd environmentally sustainable products and services;

2011/07/26
Committee: IMCO

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 8

8. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1 ; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;

2011/06/24
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission to make sustainable procurement a core focus of public procurement rules by introducing a new SMART (Sustainably most advantageously rated tender) award criterion to replace most economically advantageous tender to reflect the importance of taking social and environmental considerations into account in public contracting;

2011/06/24
Committee: EMPL

2011/2048(INI)

Stephen HUGHES, Sergio Gaetano COFFERATI, Proinsias DE ROSSA

Draft opinion
Paragraph 8 b (new)

8b. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;

2011/06/24
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 8 c (new)

8c. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by sub- contractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;

2011/06/24
Committee: EMPL

2011/2048(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authorities to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by subcontractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Considers that relevant authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;

2011/07/26
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a

(a) the price or cost charged is more than 250 % lower than the average price or costs of the remaining tenders, or 15 % for services and labour intensive work contracts

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point b

(b) the price or cost charged is more than 210 % lower than the price or costs of the second lowest tender

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 2

2. Where tenders appear to be abnormally low (a) due to the use of subcontractors or (b) for other reasons, contracting authorities ~~may~~shall also request such explanations , in particular in cases where the price or costs charged are lower than the price or costs paid to the current operator or where the price or costs charged are lower than the prices resulting from other current and comparable procurement procedures.

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 3 – introductory part

The explanations referred to in paragraphs 1 and 2 ~~may~~shall in particular relate to:

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 3 – point d

(d) compliance~~, at least in~~ with provisions relating to social and e~~quivalent manner, with obligations established by Union legislation~~mployment protection, working conditions applying in the place where the work, service or supply ins the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protectiono be performed as set out by national legislation and/or collective agreements or by international labour law provisions listed in Annex XI;

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 3 – point (e)

~~(e) the possibility of the tenderer obtaining State aid.~~deleted

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1

~~(e) the possibility of the tenderer obtaining State aid.~~deleted

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1

The contracting authority shall verify the information provided by consulting the tenderer. It ~~may only~~shall reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2

Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with ~~obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI~~provisions set out in paragraph 3 (d).

2012/06/20
Committee: EMPL

2011/0152(COD)

Proposal for a directive
Recital 6

(6) Directive 2004/40/EC should be repealed and more appropriate and proportionate measures protecting workers from the risks associated with electromagnetic fields should be introduced. However, it does not address the long-term effects, including possible carcinogenic effects of exposure to time- varying electric, magnetic and electromagnetic fields, for which there is currently no conclusive scientific evidence establishing a causal relationship. The present measures should be intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Union workers, while reducing possible distortions of competitionThe present measures should be intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Union workers, while reducing possible distortions of competition. This Directive, by proposal of the Commission, should be revised within 5 years in order to include the protection of workers to long-term effects as well as safety effects according to the scientific evidence to such effects caused by electromagnetic field exposure.

2011/12/16
Committee: EMPL

2011/0152(COD)

Jutta STEINRUCK, Stephen HUGHES

Proposal for a directive
Article 1 – paragraph 3

~~3. This Directive does not address long- term effects.~~deleted

2011/12/16
Committee: EMPL

2011/0152(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) ‘adverse health effects’: biological effects that have a detrimental effect on mental, physical and/or general well-being of exposed workers~~. In this Directive, only short-term effects are considered~~;

2011/12/16
Committee: EMPL

2011/0152(COD)

Jutta STEINRUCK, Sylvana RAPTI, Stephen HUGHES

Proposal for a directive
Article 3 – paragraph 3

3. For the assessment, measurement and/or calculation of workers' exposure levels to electromagnetic fields likely to be significantly below the action value, simple methods may be used. For the other cases wWhere the exposure level is likely to be close or above the action value, Member States shall give guidance based on available harmonised European standards established by the European Committee for Electrotechnical Standardisation (CENELEC) or on other scientifically- based standards or guidelines.

2011/12/16
Committee: EMPL

2011/0152(COD)

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1a (new)

In order to provide adequate protection equally for people working in the armed forces and to take due account of existing precautionary and protective measures against exposure to electromagnetic fields, the competent authorities of the states shall perform risk assessments and take appropriate technical and organisational measures to protect these people against potential risks arising from exposure to electromagnetic fields. The armed forces shall define a controlled access zone around the static magnetic field and take technical, organisational, information and training measures for people who can enter the controlled access zone so as to reduce exposure and prevent risks.

2011/12/16
Committee: EMPL

2011/0152(COD)

Jutta STEINRUCK, Sylvana RAPTI, Stephen HUGHES

Proposal for a directive
Article 3 – paragraph 5 a (new)

5 a. In the light of eventual new scientific elements, the Commission shall, within five years revaluate whether the derogations of paragraphs 4 and 5 should be maintained or adapt the relevant protection measures accordingly.

2011/12/16
Committee: EMPL

2011/0152(COD)

Proposal for a directive
Article 3 – paragraph 6

6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorising work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to in Article 17a of Directive 89/391/EEC.

2011/12/16
Committee: EMPL

2011/0152(COD)

Pervenche BERÈS, Frédéric DAERDEN, Kinga GÖNCZ, Alejandro CERCAS, Stephen HUGHES

Proposal for a directive
Annex II – Part C – point 1 – point 10 – point 1

· rail transport powered by alternating current (50 Hz, 16,7 Hz)

2011/12/16
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 14 a (new)

14a. Points out that because of the financial crisis, several Member States are planning to introduce changes to their pension systems; urges them, however, to ensure that pension systems remain stable, reliable and sustainable, and that all changes are made after adequate social dialogue and on the basis of the provision of sufficient information; advocates that, if choices can be made by employees, enough time should be provided for them to make informed and well thought-out decisions;

2011/01/10
Committee: EMPL

2009/2221(INI)

Motion for a resolution
Paragraph 3 a (new)

3a. Calls on the Commission to provide statistics on internships in each Member State which include - number of internships - length of internships - social benefits for interns - allowances paid to interns - age groups of interns and to produce a comparative study on the different internship schemes existing in the EU-Member States;

2010/04/06
Committee: EMPL

2009/2221(INI)

Motion for a resolution
Paragraph 7

7. Calls for ~~more and better trainee~~better and secured internships; calls on the Commission and the Council to set up a European Quality Charter on ~~Trainee~~Internships to ensure their educational value and avoid exploitation, taking into account that internships are part of an education and they must not replace actual jobs, including standards for - time limitation of internships. - a minimum allowance based on standards of living costs of the place where the internship is carried out in accordance with national traditions, - social security benefits of interns;

2010/04/06
Committee: EMPL

2009/2221(INI)

Motion for a resolution
Paragraph 24 a (new)

24a. Calls on the European Institutions to set good example in removing the advertising for unpaid traineeships from their respective websites and to pay - a minimum allowance based on standards of living costs of the place where the internship is carried out - social security benefits to all their interns;

2010/04/06
Committee: EMPL

2009/2002(BUD)

Kinga GÖNCZ, Stephen HUGHES

Draft opinion
Paragraph 10 a (new)

10a. Draws attention to a possible change in the budget lines given the present discussion in Parliament on the Commission’s proposal to introduce the Progress Microfinance Facility and on its impact on the 2010 budget;

2009/08/19
Committee: EMPL

2009/2002(BUD)

Draft opinion
Paragraph 19 a (new)

19a. Proposes a new pilot project on employment of people on the autistic spectrum in order to develop initiatives for employment and social integration of people suffering from autism; believes that the pilot project should address multiple disadvantages faced by those people while taking into account their strengths, and promote their inclusion in the labour market and in social and economic activities.

2009/08/19
Committee: EMPL

2008/2199(INI)

Stephen HUGHES, Richard HOWITT, Peter SKINNER

Motion for a resolution
Paragraph 4

5. Is convinced that the TEC, as the body responsible for enhancing economic integration and regulatory cooperation, should be included in the new agreement; welcomes the fact that the TEC is advised by a range of stakeholders, including representatives of business, and asks that a comparable role be given to representatives of the trade union movement on each side of the Atlantic;

2009/01/30
Committee: AFET

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Title

on Challenges to collective agreements and industrial relations in the EU

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital A a (new)

Aa. Whereas the European Commission on several occasions has stressed the importance of the existing national regulatory framework of labour legislation and collective bargaining for the protection of workers rights,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital B a (new)

Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital C a (new)

Ca. Whereas the Posting of Workers Directive clearly states in recital 12 that 'Community law does not preclude Member States from applying national legislation, or collective agreements entered into by employers and labour, to any person who is employed, even temporarily, within their territory, although his employer is established in another Member State' and that 'Community law does not forbid Member States to guarantee the observance of those rules by the appropriate means',

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital F

F. Whereas Aarticle 3~~(8)~~.8 of the PWD gives the possibility to implement the directive either through legislation, generally applicable collective arrangements or through other collective agreements which are considered the most representative; the ECJ also affirms that other methods, e.g. the autonomous collective bargaining model, may be used, or through collective agreements that have been declared universally applicable, or that are generally applicable to all similar undertakings in the industry concerned or that have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout the national territory; the ECJ also affirms that since the purpose of Directive 96/71 is not to harmonize systems for establishing terms and conditions of employment in the Member States, they are free to choose a system at the national level which is not expressly mentioned among those provided for in the PWD; however, the ECJ at the same time has limited this freedom by adding the condition that this is only so ‘provided that it does not hinder the provision of services between Member States’, thereby questioning the subsidiarity principle,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital K

K. Whereas the ECJ in the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for ~~trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect for~~social partners to adopt measures to improve conditions of work and employment; in fact, having regard to the social objectives of the EU, the ECJ rejected the application of competition rules on collective ~~bargaining~~agreements,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital L

L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital N

N. Whereas the ECJ in the Rüffert case has ~~significantly diminished the scope for Member States to regulate their~~put into question the subsidiarity principle i.e. the scope for Member States to maintain their own system of industrial relations and collective bargaining and also ~~narrows down~~has referred to the purpose of the PWD~~, neglecting the PWD’s two fold aim –~~ as if just having the single aim of promoting the free movement of services, thereby neglecting the PWD’s clearly stated objective in its consideration number 5 which is that ‘the pro~~tec~~motion of ~~workers and free movement~~the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers’,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Recital O

O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 1

1. Underlines that the freedom to provide services is aone of the cornerstones of the European project; however, this has to be balanced against fundamental rights and the ~~possibility~~social objectives anchored in the Treaties and the right for governments and trade unions to ensure non-discrimination and equal treatment, and the improvement of living and working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 3

3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member States;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 4 c (new)

4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 5

5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3~~(7)~~.7 of the PWD ~~clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workers~~may have been drafted especially to ensure that the applicability of the mandatory rules of the host country as enumerated in Article 3.1 of the Posting Directive would not prevent the application of terms and conditions of employment which are more favourable to the worker pursuant to the law or collective agreements in the Member State of origin, the right of trade unions in the host country to demand terms and conditions of employment which are more favourable to workers can never be restricted as this is part of the fundamental right of freedom of association and collective bargaining;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 10

10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin; concludes therefore in doing so the Court does not do justice to the letter and spirit of recital 12 of the Posting of Workers Directive;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 11

11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action ~~against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment~~; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 11 a (new)

11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 13

13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 14

14. Regrets that ~~the~~as a direct consequence of the ECJ’s interpretation of the PWD in the Rüffert judgment, the scope for the introduction and implementation of social considerations referred to in Articles 26 and 27 inof Directive 2004/18~~, do~~ (Public Procurement Directive), has been limited and according to the ECJ cannot include anymore terms and conditions of employment which go beyond the mandatory rules for minimum protection as interpreted by the ECJ; draws attention to the fact that this may create problems of legal consistency and legal complications for the 10 EU Member States that have ratified ILO Convention 94;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 19

19. Calls on all the Member States to implement and enforce the PWD properly;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 20

20. ~~Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators;~~Expresses concerns that the ECJ rulings in the Viking, Laval and Rüffert cases have exposed loopholes, inconsistencies and weaknesses in European law and especially the PWD; therefore calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation ~~to change the new practise of the ECJ~~which would clarify the intentions of the legislators and lead to better regulation;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 21

21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgements;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 23 – indent 1

- a new or additional legal basis for the PWD to better protect workers~~; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not~~, which would make reference to the free movement of workers provisions of the Treaty; it should be clarified that the free movement of services provisions were clearly intended to cover companies and self employed craftspersons and professionals providing services, whereas the moving around of workers would be covered by the free movement of ~~service~~workers provisions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 23 – indent 1 a (new)

- ensure that any possible inconsistencies between the PWD and ILO Convention 94 on public procurement, which has been ratified by ten EU Member States, and which has been recognized by the EU institutions in 2006 as an up to date Convention whose ratification should be promoted among EU Member States, are addressed and solved so that the PWD is not seen as a hindrance for further ratification;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 23 – indent 2

- a possibility in the Directive for Member States to refer in ~~law or collective agre~~public procurements law to the 'habitual or prevailing wages' applicable on the basis of regulations or collective agreements in the place of work in the host country as defined in ~~the ILO 94 and not only ‘minimum’ rates of pay~~ILO Convention 94;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 4

- an even clearer expression that the Directive and other EU legislation do not prohibit Member States and trade unions from demanding more favourable conditions for the worker established by law or through collective bargaining; and

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 23 – indent 5

- the recognition of a wider range of methods of ~~organizing labour markets~~setting terms and conditions of employment than those currently covered by Article 3(8) including in particular public procurement law;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 23 – indent 5 a (new)

- the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 24

~~24.~~ Considers that Parliament, the Council and the Commission should adopt measures to combat letterbox-companies, undertakings not engaged in any genuine and meaningful business in the country of origin but created, sometimes even directly by the main contractor in the host country, for the sole purpose of offering ‘services’ (in the form of cheap labour) to the host country, to avoid the full application of host country rules and regulations especially with regard to wages and working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 25

25. ~~Would welcome a move to summarize~~ Urges the Commission, the Council and the European Parliament to ensure that also in primary law there is no ambiguity as to the fact that fundamental social rights are not hierarchically subordinate to the economic freedoms, as already recognized in secondary law, i.e. the social clauses that exist in the Monti ~~directive~~regulation and in the Services directive ~~in a social clause, either~~, for instance through a protocol attached to the Treat~~y or in an inter- institutional agreement~~ies at the next revision;

2008/06/10
Committee: EMPL

2008/2085(INI)

Pier Antonio PANZERI, Stephen HUGHES, Evangelia TZAMPAZI, Jan CREMERS, Alejandro CERCAS, Richard FALBR, Karin JÖNS, Donata GOTTARDI, Harald ETTL, Harlem DÉSIR

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;

2008/06/10
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Recital 16

(16) The transnational character of a matter should be determined by taking account of both the scope of its potential effects, and the level of management and representation that it involves. For this purpose, matters which concern the entire undertaking or group or at least two Member States, or which exceed the powers of the decision- making bodies in a single Member State in which employees that will be affected are employed, are considered to be transnational.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Recital 35 a (new)

(35a) Member States should ensure that measures taken in the event of a failure to comply with this Directive are adequate, proportional and dissuasive.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Recital 39

(39) Where the structure of the undertaking or group of undertakings changes significantly, for example, due to a merger, acquisition or division, or a substantial change in its influence on the market, the existing European Works Council(s) must be adapted. This adaptation must be carried out as a priority pursuant to the clauses of the applicable agreement, if such clauses permit the required adaptation to be carried out. If this is not the case and a request establishing the need is made, negotiations, in which the members of the existing European Works Council(s) must be involved, will commence on a new agreement. In order to permit the information and consultation of employees during the often decisive period when the structure is changed, the existing European Works Council(s) must be able to continue to operate, possibly with adaptations, until a new agreement is concluded. Once a new agreement is signed, the previously established councils must be dissolved, and the agreements instituting them must be terminated, regardless of their provisions on validity or termination.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Article 1 – paragraph 4

4. Matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States, or where they exceed the powers of the decision-making bodies in a single Member State in which employees that will be affected are employed.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Article 5 – paragraph 2 – point b

(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State ~~in which at least 50 employees are employed~~ one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. The information provided to, and consultation of, the European Works Council shall relate to the matters referred to in point 1(a) of Annex I.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Member States shall provide for any decision taken by the central management that breaches the information and consultation obligations laid down in this Directive to have no legal effect until the central management has fulfilled those obligations or, if this is no longer possible, adequate redress has been established, in accordance with arrangements and procedures to be determined by the Member States.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Article 14

~~Fiv~~Three years after the date specified in Article 15 of this Directive, the Commission shall ~~report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive, making appropriate proposals where necessary~~present a full revision of this Directive to the European Parliament and the Council.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Annex I – point 1 – point a – paragraph 2

The information and consultation of the European Works Council shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings~~. The information and consultation of the European Works Council shall relate in particular to~~, the situation and probable trend of employment, investments, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.

2008/10/30
Committee: EMPL

2008/0414(COD)

Proposal for a directive
Annex I – point 1 – point c

(c) The members of the European Works Council shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State ~~in which at least 50 employees are employed~~ one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;

2008/10/30
Committee: EMPL

2008/0414(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive
Annex I – point 3 – paragraphs 1 and 2

3. Where there are exceptional circumstancesF or ~~decision~~proposed measures affecting the employees' interests to a considerable extent, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned by the circumstances or ~~decision~~proposed measures in question shall also have the right to participate where a meeting is organised with the select committee.

2008/10/30
Committee: EMPL

2008/0195(COD)

Proposal for a directive - amending act
Recital 6

(6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Dimitrios PAPADIMOULIS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Recital 7

(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded ~~from~~within the scope of Directive 2002/15/EC.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Dimitrios PAPADIMOULIS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Recital 8

(8) Nevertheless, it is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns.deleted

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Françoise CASTEX, Jutta STEINRUCK, Birgit SIPPEL

Proposal for a directive– amending act
–

The European Parliament rejects the Commission proposal.

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Jutta STEINRUCK

Proposal for a directive– amending act
Recital 1 a (new)

(1a) Mobile workers who do not fall under the scope of application of 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 transport1 should fall under the scope of application of this Directive. 1 OJ L 102, 11.4.2006, p.1.

2010/02/09
Committee: EMPL

2008/0195(COD)

Sepp KUSSTATSCHER, Alejandro CERCAS, Stephen HUGHES

Proposal for a directive - amending act
Recital 12

(12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by ~~clarify~~adapting its scope, reinforcing administrative cooperation among Member States and promoting the exchange of information and ~~good practi~~effective penalties in the event of non- compliance.

2009/01/28
Committee: EMPL

2008/0195(COD)

Sepp KUSSTATSCHER, Alejandro CERCAS, Stephen HUGHES

Proposal for a directive - amending act
Recital 14 a (new)

(14a) In accordance with the general principles of Community law, Member States should ensure that penalties decided on in the event of non-compliance with this Directive are appropriate, effective and proportionate and have a deterrent effect.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive – amending act
Recital 6

(6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive - amending act
Article 1 – point 1 – point a

Directive 2002/15/EC
Article 2– paragraph 1

1. Theis Directive shall apply to mobile workers~~, as defined in Article 3(d) of this Directive,~~ employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EEC) No ~~561/2006~~3820/85 or, failing that, by the AETR Agreement. This Directive shall ~~also~~ apply to ~~mobile workers as defined in the second sentence of Article 3(d)~~self-employed drivers as from 23 March 2009.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Jutta STEINRUCK, Birgit SIPPEL

Proposal for a directive
Recital 7

(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded ~~from~~in the scope of Directive 2002/15/EC.

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Article 1 – point 1 – point b

Directive 2002/15/EC
Article 2 – paragraphs 2 and 3

~~(b) in paragraphs 2 and 3 the reference "Directive 93/104/EC" is replaced by the reference "Directive 2003/88/EC".~~deleted

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive – amending act
Article 1 – point 1 – point c

Directive 2002/15/EC
Article 2 – paragraph 4

~~(c) in paragraph 4 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006".~~deleted

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Article 1 – point 2 – point a

Directive 2002/15/EC
Article 3 – point a – point 2

~~(a) point (a) 2, first sentence is~~ deleted.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Article 1 – point 2 – point b

Directive 2002/15/EC
Article 3 – point d

(b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i who does not have the freedom to organise the relevant working activities; ii whose income does not depend directly on the profits made; iii who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers."deleted

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Dimitrios PAPADIMOULIS, Sepp KUSSTATSCHER

Proposal for a directive
Recital 8

(8) Nevertheless, it is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns.deleted

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive - amending act
Article 1 – point 2 –point c

Directive 2002/15/EC
Article 3 – point e

~~(c) point (e) is~~ deleted.

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Sepp KUSSTATSCHER

Proposal for a directive - amending act
Article 1 – point 2 – point d

Directive 2002/15/EC
Article 3 – point f

~~(d) point (f) is replaced by the following: "(f) 'person performing mobile road transport activities' shall mean any mobile worker who performs such activities;"~~deleted

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Jan CREMERS, Alejandro CERCAS

Proposal for a directive - amending act
Article 1 – point 2 – point d a (new)

Directive 2002/15/EC
Article 3 – point h

(da) Article 3 (h) is amended as follows: (h) 'night time' shall mean the period between 00.00 and 06.00 hours;

2009/01/28
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Jan CREMERS, Alejandro CERCAS

Proposal for a directive - amending act
Article 1 – point 2 – point e

Directive 2002/15/EC
Article 3 – point i

(e) point (i) is replaced by the following: "(i) 'night work' shall mean work during a period of work which includes at least ~~two~~one hours work performed during night time. "

2009/01/28
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES

Proposal for a directive
Recital 12 a (new)

(12a) With a view to improving the exchange of data, a European information exchange system should be developed. This could lead to the possibility in future of roadside controls on working time also being carried out in another Member State.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES

Proposal for a directive
Recital 12 b (new)

(12b) In order to further improve road safety, it needs to be considered whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES, Birgit SIPPEL

Proposal for a directive
Recital 12 c (new)

(12c) In order to avoid imposing unnecessary administrative burden on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with use of a tachograph.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES, Birgit SIPPEL

Proposal for a directive
Recital 14 a (new)

(14a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the frequency and modalities of the monitoring and control of working time.

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Saïd EL KHADRAOUI, Alejandro CERCAS

Proposal for a directive
Article 1 – point 1 – subpoint a

Directive 2002/15/EC
Article 2 – paragraph 1

"1. Theis Directive shall apply to mobile workers~~, as defined in Article 3(d) of this Directive,~~ employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EC) No 561/2006 or, failing that, by the AETR Agreement. This Directive shall ~~also~~ apply to ~~mobile workers as defined in the second sentence of Article 3(d)~~self-employed drivers from 23 March 2009.

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Saïd EL KHADRAOUI, Alejandro CERCAS

Proposal for a directive
Article 1 – point 1 – subpoint b

Directive 2002/15/EC
Article 2 – paragraphs 2 and 3

~~(b) in paragraphs 2 and 3 the reference "Directive 93/104/EC" is replaced by the reference "Directive 2003/88/EC".~~deleted

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Saïd EL KHADRAOUI, Alejandro CERCAS

Proposal for a directive
Article 1 – point 1 – subpoint c

Directive 2002/15/EC
Article 2 – paragraph 4

~~(c) in paragraph 4 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006".~~deleted

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Pascale GRUNY, Elisabeth MORIN-CHARTIER

Proposal for a directive
Article 1 – point 2 – subpoint a

Directive 2002/15/EC
Article 3 – point a – paragraph 2

~~(a) point (a) 2, first sentence is~~ deleted.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES, Pascale GRUNY, Elisabeth MORIN-CHARTIER

Proposal for a directive
Article 1 – point 2 – subpoint a

Directive 2002/15/EC
Article 3 – point a – paragraph 2

a) point (a) 2, first sentence is ~~deleted.~~ amended as follows:. "in the case of self-employed drivers, the same definition shall apply to the time from the beginning to the end of work – including a fixed period of working time calculated for points iv and v taken together – during which the self- employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation underway".

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Birgit SIPPEL, Liisa JAAKONSAARI, Olle LUDVIGSSON

Proposal for a directive
Article 1 – point 2 – subpoint b

Directive 2002/15/EC
Article 3 – paragraph 2 – point d

"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 2 – subpoint c

Directive 2002/15/EC
Article 3 – paragraph 2 – point e

~~(c) point (e) is~~ deleted.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES, Pascale GRUNY, Elisabeth MORIN-CHARTIER

Proposal for a directive
Article 1 – point 2 – subpoint c

Directive 2002/15/EC
Article 3 – paragraph 2 – point e

(c) point (e) is ~~deleted~~ replaced by the following: 'Self-employed driver’ shall mean anyone: i. whose main occupation is to transport passengers or goods by road for hire and reward within the meaning of Union legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport (so, the reference to Community licence & professional authorisation is kept); ii. who is entitled to work for himself and who is not tied to an employer by an employment contract or by any type of working hierarchical relationship; iii. who is not subordinated to a user undertaking: has the freedom to organise his working place and time and the relevant working activities or does not have to submit to orders and instructions of another party in the performance of work; iv. whose income does not depend directly on the profits made, and who is not economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who does not receive any of the following: periodic payment of remuneration where such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; v. who has the freedom, individually or through cooperation with other self- employed drivers, to have relationships with several customers; vi. whose work is different from previous work executed for the same contractor To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 2 – subpoint d

Directive 2002/15/EC
Article 3 – paragraph 2 – point f

~~(d) point (f) is replaced by the following: "f) 'person performing mobile road transport activities’ shall mean any mobile worker who performs such activities;"~~deleted

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES, Pascale GRUNY, Elisabeth MORIN-CHARTIER

Proposal for a directive
Article 1 – point 3 a (new)

Directive2002/15/EC
Article 4 – point b a (new)

3a) The following point (ba) is inserted in Article 4: the fixed period of working time referred to in Article 3 (a) (2) shall be one hour per week.

2010/02/09
Committee: EMPL

2008/0195(COD)

Saïd EL KHADRAOUI, Stephen HUGHES

Proposal for a directive
Article 1 – point 5 a (new)

Directive2002/15/EC
Article 9 – point b

(5a) Article 9 point b) is amended as follows: b) without prejudice to Article 2(1), the working time of mobile workers is recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 5 b (new)

Directive 2002/15/EC
Article 9 – point b a (new)

(5b) The following point c) is inserted in Article 9: (c) the working time of self-employed drivers shall be recorded in accordance with the provisions of Regulation (EEC) No 3821/85. Records shall be kept for at least two years after the end of the period covered.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 6 – point 1 a (new)

Directive 2002/15/EC
Article 11 a (new) – paragraph 1 a (new)

1a. The Commission shall be given the power to adopt delegated acts in accordance with Article 290 TFEU as regards the frequency and modalities of the monitoring and controls referred to in paragraph 1.

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Jutta STEINRUCK, Birgit SIPPEL

Proposal for a directive
Article 1 – point 6

Directive 2002/15/EC
Article 11 a – paragraph 2

2. Member States shall ~~communicate to the Commission detail~~draw up statistics ofn the mcon~~itoring and controls arrangements set up~~trols referred to in paragraph 1 and report to the Commission on these statistics every two years.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 6 a (new)

Directive 2002/15/EC
Article 11 b (new)

(6a) The following Article 11b is inserted Article 11b Infringements Not complying with the definitions in article 3(d) and article 3(e) of this Regulation shall be considered as a ‘most serious infringement’ and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement; Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies not complying with the definitions in Article 3(d) and Article 3(e) of this Regulation shall also be considered as a ‘most serious infringement’, and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement;

2010/02/09
Committee: EMPL

2008/0195(COD)

Stephen HUGHES, Alejandro CERCAS, Birgit SIPPEL

Proposal for a directive
Article 1 – point 6 b (new)

Directive 2002/15/EC
Article 12 a (new)

(6b) The following Article 12a is inserted: Article 12a Liability of transport undertakings 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourage infringement of this Directive. 2. Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Directive and that work is carried out with genuine self- employed drivers .

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 6 c (new)

Directive 2002/15/EC
Article 12 b (new)

(6c) The following Article 12b is inserted Article 12b Exercise of delegation 1. The power to adopt the delegated acts referred to in Article 11(1a) shall be conferred on the Commission for a period of 6 years following the entry into force of this Directive. The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the six-year period, accompanied, where relevant, by a legislative proposal to extend the duration of the delegation of powers. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 12c and 12d.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 6 d (new)

Directive 2002/15/EC
Article 12 c (new)

(6d) The following Article 12c is inserted: Article 12c Revocation of the delegation 1. The delegation of power referred to in Article 11(1a) may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission, stating the delegated powers which could be subject to revocation. 3. The decision of revocation shall state the reasons for the revocation and shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 6 e (new)

Directive 2002/15/EC
Article 12 d (new)

(6e) The following Article 12d is inserted: Article 12d Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal and shall enter into force at the date stated therein. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

2010/02/09
Committee: EMPL

2008/0195(COD)

Proposal for a directive
Article 1 – point 8 a (new)

Directive 2002/15/EC
Article 13 – paragraph 2 a (new)

(8a) In Article 13, the following paragraph 2 a is inserted: "2a. The Commission shall establish a method and content for reporting by Member States with regard to employment trends in the sector, the impact on fair competition, occupational health and safety and road safety; on the basis of these reports, the Commission will submit regular reports to the European Parliament and the Council; the Member States and the Commission shall report every two years on the above; The Commission shall also report (two years after the entry into force of the Directive) to the European Parliament and the Council on the measures adopted in terms of frequency and modalities of monitoring and control of working time."

2010/02/09
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 (new)

Directive 92/85/EEC
Article 1 – paragraph 1 a (new)

-1. In Article 1, the following point is inserted: "1a.This Directive also aims to improve the work-related conditions for pregnant workers and workers who have recently given birth, who remain or return to the labour market, and to achieve a better reconciliation of professional, private and family life."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 a (new)

Directive 92/85/EEC
Article 2 – point a

-1a. In Article 2, point a is replaced by the following: "(a) pregnant worker shall mean a pregnant worker, including a domestic worker, who informs her employer of her condition, in accordance with national legislation and/or national practice;"

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 b (new)

Directive 92/85/EEC
Article 2 – point b

-1b. In article 2, point b is replaced by the following: "(b) worker who has recently given birth shall mean a worker, including a domestic worker, who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;"

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point - 1 c (new)

Directive 92/85/EEC
Article 2 – point c

-1c. In article 2, point c is replaced by the following: "(c) worker who is breastfeeding shall mean a worker, including a domestic worker, who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 d (new)

Directive 92/85/EEC
Article 3 – paragraph 1 – subparagraph 1 a (new)

-1d. In Article 3(1), the following paragraph is inserted: "The guidelines referred to in the first subparagraph shall be regularly evaluated with a view to their revision, at least once every five years, starting in 2012."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point - 1 e (new)

Directive 92/85/EEC
Article 4 – title

-1e. In Article 4 the title is replaced by the following: "Assessment and, information and consultation"

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 f (new)

Directive 92/85/EEC
Article 4 – paragraph -1 (new)

-1f. In Article 4, the following paragraph is inserted: "-1. In the risk assessment carried out under Directive 89/391/EEC, the employer shall include reproductive risks for male and female workers."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 g (new)

Directive 92/85/EEC
Article 4 – paragraph 1

-1g. In Article 4(1), the introductory part is replaced by the following: "1. For all activities liable to involve a specific risk of exposure to the agents, processes or working conditions of which a non-exhaustive list is given in Annex I, the employer shall assess the nature, degree and duration of exposure, in the undertaking and/or establishment concerned, of workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2, either directly or by way of the protective and preventive services referred to in Article 7 of Directive 89/391/EEC, in order to:"

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 h (new)

Directive 92/85/EEC
Article 4 – paragraph 1 – indent 1

-1h. In Article 4(1), the first indent is replaced by the following: "- assess any risks to the safety or health and any possible effect on the pregnancies or breastfeeding of workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2,"

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 i (new)

Directive 92/85/EEC
Article 4 – paragraph 2

-1i. In Article 4, paragraph 2 is replaced by the following: "2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives and the relevant social partners shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 j (new)

Directive 92/85/EEC
Article 5 – paragraph 2

-1j. In Article 5, paragraph 2 is replaced by the following: "2. If the adjustment of her working conditions and/or working hours is not technically and/or objectively feasible, [...] the employer shall take the necessary measures to move the worker concerned to another job."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 k (new)

Directive 92/85/EEC
Article 5 – paragraph 3

-1k. In Article 5, paragraph 3 is replaced by the following: "3. If moving her to another job is not technically and/or objectively feasible, [...] the worker concerned shall be granted leave in accordance with national legislation and/or national practice for the whole of the period necessary to protect her safety or health."

2009/02/17
Committee: EMPL

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point -1 l (new)

Directive 92/85/EEC
Article 7 – paragraph 2 – point b

-1l. In Article 7(2), point b is replaced by the following: "(b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible. [...]"

2009/02/17
Committee: EMPL

2008/0142(COD)

Proposal for a directive
Recital 4 a (new)

(4 a) The liberalisation of health services could lead to greater inequality of access to high-quality health care and is therefore not the aim of this Directive.

2008/12/09
Committee: EMPL

2008/0142(COD)

Proposal for a directive
Article 2 a (new)

Article 2a In order to accomplish the mission of general interest entrusted to their healthcare systems, Member States shall follow in the application of this Directive the principles of general interest; i.e. universality, accessibility to good quality care, equity, solidarity and affordability of health services. In order to guarantee a high level of public health as required by Article 152 of the EC Treaty, this Directive is without prejudice to that Article. In the event of conflict between the provisions of this Directive with the principles of Article 152, the latter should prevail.

2008/12/09
Committee: EMPL

2008/0140(CNS)

Proposal for a directive
Recital 15

(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should ~~not be regarded as constituting discrimination where the factors are shown to be key factors for the assessment of risk~~reflect the positive changes in life expectancy and active ageing as well as increased mobility and accessibility for people with disabilities, and not operate as blanket discrimination on these grounds. The assessment of risk must conclusively justify a finding of significantly higher risks, using recent, accurate, regularly updated and published statistical and actuarial data.

2008/11/14
Committee: EMPL

2008/0140(CNS)

Fiona HALL, Stephen HUGHES, Martin CALLANAN

Proposal for a directive
Article 2 - paragraph 7

7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical insurance, banking and other financial services, due regard must be given to increased life expectancy and active ageing, as well as increased mobility and accessibility for disabled people, and Member States may permit differences in treatment only on the grounds of age or disability where, for the product in question, that difference in treatment is objectively and conclusively justified and the assessment of risk is supported by relevant and accurate actuarial and statistical data, and where the service provider can objectively demonstrate significantly higher risks, by recent relevant and accurate statistical or actuarial data. Member States shall ensure that such data are published and regularly updataed.

2008/11/14
Committee: EMPL

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3

The measures referred to in the first subparagraph shall~~, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for~~ establish harmonised benchmarks for greenhouse gas emissions and energy efficiency for installations in each sector receiving free allocations. These sectoral benchmarks shall be based on the best greenhouse gas and energy efficient techniques and ~~for reductions in emissions, by taking account~~technologies available ofn the m~~ost efficient techniques,~~arket, including substitutes, alternative production processes, use of biomass, cogeneration and greenhouse gas capture and storage~~, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production~~. Free allocations to installations shall be made at a level no higher than is indicated by the appropriate sectoral benchmark, so as to reward the most efficient operators. Overall, the measures referred to in the first subparagraph shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production for sale to third parties; free allocation shall be made in respect of electricity self- generation as a by product of industrial processes or in accordance with Article 10a(7) and (8) except where this is for sale to third parties.

2008/06/26
Committee: ITRE

2008/0013(COD)

Fiona HALL, Stephen HUGHES, Martin CALLANAN

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 2

2. Subject to paragraph 3, no free allocation shall be given to electricity generators, other than those operating for self-supply of electricity as a by product of industrial processes or in accordance with Articles 10a(7) and (8) to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.

2008/06/26
Committee: ITRE

2008/0013(COD)

Martin CALLANAN, Fiona HALL, Stephen HUGHES

Proposal for a directive – amending act
Article 1 – point 2 – point (c)

Directive 2003/87/EC
Article 3 – point [t)]

[(t)] 'Combustion installation' means any stationary technical unit in which fuels are oxidised producing heat or mechanical energy or both, and other directly associated activities including waste gas scrubbing are carried out; recycling operations as defined by Annex IIB R3 of Directive 91/156/EEC are exempted from the definition of 'combustion installation'.

2008/07/10
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 1

1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, with the exception of CHP plants and self- supply of electricity to energy intensive industry. In the case of free allocation for self supply of electricity to an installation within a sector or sub-sector at risk of carbon leakage, the installation using the electricity may not at the same time receive allocation for the indirect emissions in accordance with paragraphs 8 and 9 and Article 10b. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)] those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement.

2008/07/15
Committee: ENVI

2008/0013(COD)

Martin CALLANAN, Fiona HALL, Stephen HUGHES

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 2

2. Subject to paragraph 3, no free allocation shall be given to electricity generators (other than those operating for self-supply of electricity to energy- intensive industries), to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 5

5. The maximum amount of allowances that is the basis for calculating allocations for direct emissions to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified average yearly direct emissions of those installations in 2005 to 2007. ~~In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9~~Allocations to installations within sectors or sub-sectors which are determined to be at risk of carbon leakage as a consequence of the indirect effect of CO2 cost pass-through into electricity prices shall in addition to receiving allocations for direct emissions also receive allocations for indirect emissions in accordance with paragraphs 8 and 9 and Article 10b. For those sectors and sub-sectors not subject to the provisions of paragraphs 8 and 9 and Article 10b, in each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. The maximum amount of allowances allocated for the CO2 pass-through cost in electricity prices for those sectors or sub- sectors at risk of carbon leakage that receive allocations for indirect emissions in accordance with paragraphs 8 and 9 and Article 10b shall be based on the average yearly verified electricity consumption of those installations in 2005 to 2007.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2

~~Alloc~~The Commission shall, by 30 June 2010, publish Community wide and fully harmonised rules for the allocation of the new entrant reserve established and adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. For those sectors and sub-sectors not subject to the provisions of paragraphs 8 and 9 of this Article and Article 10b, in each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/87/EC
Article 10a – paragraph 8

8. In 2013 and in each subsequent year up to 2020, installations in sectors or sub- sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6 and Article 10b.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 8

Directive 2003/87/EC
Article 10a - paragraph 9

9. At the latest by ~~30 June 2010 and every 3 years thereafter~~[6 months after entry into force of this Directive] the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)] and in consultation with the sectors concerned. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances and the indirect effect of CO2 cost pass-through in power prices in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (da) the effect of pass through of CO2 costs in electricity prices on the sector or sub-sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 8

Directive 2003/87/EC
Article 10b

Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a; - adjusting the number of allowances received free of charge to compensate for the indirect effect of passing through CO2 costs in electricity prices for those sectors determined in accordance with Article 10a(9) as being particularly impacted by this pass-through cost. The maximum amount of allowances allocated for the CO2 pass-through cost in electricity shall be based on the average yearly verified electricity consumption of those installations in 2005 to 2007 and the expected CO2 cost pass-through of those marginal power generation technologies setting electricity market prices and shall be additional to any free allocation for direct emissions, and which shall amend the provisions of Article 10a(7) accordingly. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.

2008/07/15
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 21

Directive 2003/87/EC
Article 27 - paragraph 1

1. Member States may exclude, from the Community scheme, combustion installations which have ~~a rated thermal input below 25MW,~~ reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, together with the approval of the owner of the installation confirming his wish to make use of the opt-out; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.

2008/07/17
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Annex I - point 3 - point (b) - point (ii)

Directive 2003/87/EC
Annex I - table - category 2 - new paragraph 2

Production of aluminium (primary~~, and secondary~~ where combustion installations with a rated thermal input exceeding 20 MW are operated)

2008/07/18
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Recital 18

(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules (", establishing sector benchmarks"), in order to minimise distortions of competition with the Community. These rules should ~~take~~clearly set out the process establishing the sector benchmarks, as appropriate taking account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the sectors concerned.

2008/07/18
Committee: ENVI

2008/0013(COD)

Proposal for a directive – amending act
Recital 19

(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% of direct emissions to sectors or sub- sectors meeting the relevant criteria. The definition of these sectors and sub-sectors and the measures required will ~~be subject to re-assessment to~~ ensure that action is taken where necessary and to avoids overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the risk of carbon leakage ~~cannot be prevented otherwise~~is also due to the pass-through of CO2 costs into power prices, where electricity constitutes a high proportion of production costs and is ~~produc~~used efficiently, the action taken ~~may take into account the~~to mitigate the risk of carbon leakage in accordance with Article 10 should additionally take into account the indirect effect of CO2 price pass-through on electricity consumption in the production process~~, without chang~~ and include this ing the total ~~quantity of allowances~~allocation to the sector or sub-sector.

2008/07/18
Committee: ENVI

2008/0013(COD)