25 Amendments of Kira Marie PETER-HANSEN related to 2020/2020(INI)
Amendment 8 #
Draft opinion
Recital A
Recital A
A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promoteand its internal market shall work for sustainable development, social market economy, social progress and the promotion of social justice and protection;
Amendment 11 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Article 9 of the Treaty on the Functioning of the European Union stipulates that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 16 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas social justice and workers’ rights should not be subverted by the free movement of services in the single market; whereas environmental and social considerations have to go hand in hand in ensuring a sustainable services market free from environmental dumping and unfair competition paving the way for a just transition;
Amendment 24 #
Draft opinion
Recital B
Recital B
B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, trade union rights including the right to fair wages and to appropriate remuneration, the right to balance work and private life, the right to decide where and when to work and the right to equal treatment and the principle of subsidiarity; whereas a fully functioning services market requires access to information about applicable rules as well as effective compliance, monitoring and enforcement, including safe ways to report abuses, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;
Amendment 27 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the current Covid-19 crisis has shed light on and exacerbated existing short-comings in the protection of mobile and cross border workers active in the internal market in particular with regard to their working conditions, access to health and safety, social protection, safe transport and decent accommodation fulfilling sanitary requirements and social distancing measures, as well as support in order to report abuses; whereas the Commission guidelines on restoring freedom of movement under COVID-19 have focused rather on the provision of safe services for citizens rather than also ensuring safe conditions for workers providing services; whereas workers must not be left behind in the crisis as a result of their employers having exercised the freedom to provide services under EU law;
Amendment 49 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas unfair competition and a race to the bottom between Member States as regards employment, social security and taxation rules, including through artificial arrangements, continue to be an obstacle to fair competition based on quality and sustainable development, including for SMEs; whereas initiatives targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower workers’ and consumer protection standards, or increase the risk of corporate fraud, criminal activities and letterbox companies; recalls that unfair competition is the dominant source of difficulties for genuine SMEs;
Amendment 57 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas differences in national regulations and standards should not primarily be considered as obstacles to free movement;
Amendment 59 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas it is essential to maintain and improve the legal public authorities‘ and member states' right to regulate in the services sector; whereas the single market must not exert pressure on standards concerning social rights of workers, consumers and environmental protection;
Amendment 60 #
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas the Services Directive excluded wholly or partially social services, healthcare services, and other public services in recognition of the special regulatory frameworks needed for these services to operate in the general interest in line with Protocol 26 and Article 14 of the TFEU;
Amendment 65 #
Draft opinion
Paragraph 1
Paragraph 1
1. Opposes the introduction of theany country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; recalls that the principles of equal treatment and free movement do not apply only to service providers, but equally to workers; stresses that the social rights can only be guaranteed if existing collective agreements and legislation are applicable, enforced and legally binding for services providers in public tenders;
Amendment 80 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds that administrative practices and regulation of services are necessary to protect workers, consumers, the environment as well as to secure a level playing field, legal certainty and predictability for entrepreneurs and businesses;
Amendment 81 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. reiterates that quality employment and quality services necessitate regulation at European level including on elements such as sustainable development, protection of workers, consumers and the environment, as well as the quality of services; stresses that quality legislation is a long-term investment which should take into account not only the business interest, but also the quality of services, including consumers, workers’, environmental protection, sustainable development as well as the general public interest;
Amendment 85 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Highlights that across the European Union a race to the bottom and unfair competition between Member States in employment, security and taxation rules are creating unjustified barriers for quality and sustainable development and deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities; recognises that in respect of the professional services sector, different approaches to regulation do not per se constitute an obstacle to the deepening of the internal market; stresses that regulation on access to, and the exercise of, professions may be necessary for the protection of public interest and consumer protection1a; __________________ 1aas also stated in the European Parliament resolution of 26 May 2016 on the Single Market Strategy (2015/2354(INI)), https://www.europarl.europa.eu/doceo/doc ument/TA-8-2016-0237_EN.html
Amendment 88 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Member States to transpose the revised Posting of Workers Directive in a correct, timely and ambitious manner, ensuring full equal treatment and protection of posted workers in the framework of providing services; is of the opinion that the Directive must be transposed so as to ensure the obligation of the employer to reimburse posted workers for travel, board and lodging expenses in all situations, bearing in mind that such expenditures actually incurred on account of the posting shall be paid on top of the remuneration; highlights that the COVID-19 outbreak sheds light on the injustices related to posting practices such as gross remuneration of posted workers to a large extent being made up of tax- free posting allowances other than compensations for expenditure on travel, board and lodging, which in turn has a considerable impact on the levels of social benefits that unemployed posted workers may be able to claim; Calls on the Commission to broaden the legal basis so that it is ensured that protection of workers’ rights is placed on at least equal footing or above the free movement of services
Amendment 90 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Recalls that the Commission proposal for a revised services notification procedure undermines the legislative competence of the Member States in the field of services; recalls that the proposal could not be adopted due to the lack of an agreement in Council; calls urgently on the Commission to withdraw the proposal
Amendment 92 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Recalls that the Parliament on 21 October 2019 called on the Commission to withdraw its proposal for European Services e-card; recalls that the Commission’s neglects and ignores the impact of the legislative proposal for a European services e-card on the enforcement of companies’ obligations and workers’ rights; recalls that the Commission should not present any proposal that undermines the enforcement of workers rights; regrets that the Commission phrased its Campaigning about the services e-card as a consumer-friendly solution ignoring the negative impact on a European level playing field as regards workers rights;
Amendment 94 #
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Underlines that the ambition of the EU Green Deal and the need for just transitions must be reflected also in the approach to the internal services market, promoting a high level of social and environmental standards as a pre- requisite for productivity increases; highlights the role that public procurement should play to achieve these objectives; Urges member states to increase awareness and make better use of the existing schemes1a for promoting green services in public procurement2a in order to reach a circular economy; highlights the importance of services which facilitate a measurable reduction of the environmental footprint (“green services”)3a; calls on the European Commission to initiate work on a common definition of green services; __________________ 1asuch as: https://ec.europa.eu/environment/gpp/pdf/ 190927_EU_GPP_criteria_for_food_and_ catering_services_SWD_(2019)_366_final .pdf 2aEuropean Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/ etudes/BRIE/2020/648768/IPOL_BRI(20 20)648768_EN.pdf 3aEuropean Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/ etudes/BRIE/2020/648768/IPOL_BRI(20 20)648768_EN.pdf
Amendment 103 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the importance of involving social partners in the design and implementation of the regulation of services and professions, promoting a fair and rules-based services market, where high social and environmental standards, quality services and fair competition constitute paramount considerations; recalls that a high level of workers’ rights, social and environmental protection, as well as collective bargaining and collective action, can never be seen as barriers to trade; stresses that social dialogue and collective bargaining must lie at the heart of the social market economy; Calls on the Commission and Member States to oppose the further fragmentation of collective bargaining systems, protect Member States’ existing sectoral collective bargaining systems with the view to facilitate and expand socialpartners’ capacity to implement sectoral agreements;
Amendment 120 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and Member States to guarantee trade union access to workplaces and rights to workers, in particular mobile workers;
Amendment 129 #
Draft opinion
Paragraph 3
Paragraph 3
3. CPoints out that workers as well as business and consumers suffer the consequences of inadequate implementation and circumvention of social security, labour law and collective agreements; urges Member States to ensure the proper implementation and enforcement of current legislation, including the protection of workers, thereby facilitating the cross-border provision of services, combatting social dumping and ensuring a level playing field; calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.
Amendment 139 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to put forward an initiative for a European Social Security Number; recalls that such proposal can facilitate the life of every EU citizen making use of their fundamental right to free movement; recalls that a European Social Security Number can improve traceability of Social Security coverage and contributions and thereby support citizens and companies that comply with social security rules while possibly improving the fight against criminal actors undermining the level playing field.
Amendment 151 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights that Member States can legitimately use reasons of public interest to limit or restrict cross-border services provisions as ruled by the European Court of Justice; recalls in this regard, that this entails amongst other reasons the protection of consumers, the environment and social policy objectives and thus these should not be regarded as restrictive measures for cross-border trade services provisions which would otherwise add legal uncertainty; underlines that the principle of the country of destination respects local regulations including rules on employment law and those laid down in collective agreements; reiterates that regulated professions may be necessary for the protection of consumers, the public interest and the rule of law; recognizes that some requirements such as territorial restrictions and economic needs tests may create unjustified obstacles to cross-border establishment;
Amendment 152 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights that overriding reasons of public interest invoked by Member States often justify provisions restricting the access to or the pursuit of services where these provisions are proportionate as confirmed in many ruled case-laws of the European Court of Justice1a; notes that many cases of overriding reasons of public interest are based on quality and consumer protection, and its justified exceptions are non-discriminatory, proportionate, appropriate and purposeful; calls on the Commission to continue the monitoring of Member State performance in transposing and implementing legislation and to develop with Member States, social partners and stakeholders transparent and participative evaluations that should not only be based on quantitative but also qualitative criteria __________________ 1ahttps://eur- lex.europa.eu/search.html?typeOfCourtSt atus=COURT_JUSTICE&DB_TYPE_CO URT=COURT_JUSTICE&textScope0=ti- te&qid=1591182297109&DTS_DOM=EU _LAW&type=advanced〈=en&andText0= %22Overriding%20reasons%20in%20the %20public%20interest%22&SUBDOM_I NIT=EU_CASE_LAW&DTS_SUBDOM= EU_CASE_LAW
Amendment 157 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and the Member States to ensure that services of general economic interest (SGEI), including social services of general interest (SSGI), are secured within a framework of universal access, high quality, affordability and clear financing rules; believes that the Commission should take initiatives using all options available, based upon and consistent with Article 14 and Protocol 26 of the Treaty, and ensuring that SGEI and SSGI can be operated at appropriate level, respecting the principle of subsidiarity;
Amendment 162 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Underlines that promoting the single market, including the free movement of services and people, is paramount for tackling the economic crisis caused by COVID-19; urges all Member States to ease disproportionate and unjustified restrictions on free movement within the single market;