22 Amendments of Francis ZAMMIT DIMECH related to 2018/0064(COD)
Amendment 74 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect,he principal and sole aim of the Authority shouldall be to support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross-border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 88 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union, in particular by ensuring ways of access for people with disabilities or special needs. This includes supporting the cross-border mobility of individuals by facilitating access to cross- border mobility services, such as the cross- border matching of jobs, traineeships, internships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . _________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 100 #
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections shouldall be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.
Amendment 111 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning and continuous review of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, shouldall adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 119 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority shouldall be granted an autonomous budget, with revenue coming from the general budget of the Union, together with any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) promote and support cooperation between Member States in their endeavours to inspire better cooperation in the cross-border enforcement of relevant Union law, including providing technical, logistical assistance and training aiming to facilitate combined facilitating joint inspections;
Amendment 184 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) pProvide relevant information to employers and employees on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers; in all official languages of the EU; it shall provide a wage comparison calculator showing the applicable wage level of the posted worker in the host Member State during the posting period;
Amendment 189 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU; to this end, the Agency will set up and manage a single European website, serving as a one-stop-shop, containing all relevant information from each of the official national websites referred to in Article 5 of Directive 2014/67/EU;
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals employed or unemployed and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 199 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify, resolve and overcome cross- border obstacles to labour mobility;
Amendment 250 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Authority shall also carry out additional analysis and studies at the request of a Member State. Such an additional analysis may be subject to assessment, in order to avoid duplication or repetition.
Amendment 251 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) examine any questions, difficulties and specific issues which might arise concerning the direct implementation and practical application of Union law on National law within the scope of the Authority’s competences, as well as its enforcement in practice;
Amendment 255 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regulaquarterly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses and strengths.
Amendment 259 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop common guidelines for usewhich can be applied by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 275 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the such case at any point in the course of the mediation procedure or afterwards.
Amendment 287 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authorities, the Authority mayshall facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 301 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be fourive years. That term shall be extendable. Members may be allowed office for two terms provided that such members are not holding the same designation.
Amendment 322 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, either on a temporary or permanent basis. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the primary scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned mayshall be required.
Amendment 323 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The staff located in one or more Member States, either on a temporary or permanent basis, shall cooperate with the local authorities of the member states accordingly, however the staff shall always be under the direction of the Authority.
Amendment 326 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Director and shall meet at least twice a yearquarterly on the initiative of the Executive Director or at the request of the Commission, or the European Parliament or in cases of special urgency at the request of a Member State.
Amendment 329 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixeven representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission and two representatives of the European Parliament.
Amendment 345 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Court of Justice of the European Union shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the Authority, or on any non-contractual obligation, which shall not be resolved otherwise.