36 Amendments of Dragoş PÎSLARU related to 2022/0278(COD)
Amendment 58 #
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which partthe relevant departments of the national administration to contact to find rapid solutions to thecrisis- related impacts on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravated the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 71 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, public safety, public order, or public health while respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. In addition, the framework should recognize the important role played by social partners in supporting the Member States’ contingency planning efforts, by ensuring inter alia full respect for collective bargaining rights and the autonomy of social partners.
Amendment 75 #
Proposal for a regulation
Recital 9 – indent 1
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, also in times of crisis, both for the businesses that operate on the Single Market and itstheir strategic supply chains, including the free circulationmovement of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;
Amendment 77 #
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
Amendment 83 #
Proposal for a regulation
Recital 18
Recital 18
(18) As regards the measures for re- establishensuring and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should notever result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforcesafeguard free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation. Member States and the Commission are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should help communication between the Member States and with the advisory board. The information provided by the contact point should be clear and understandable and accessible to persons with disabilities.
Amendment 102 #
Proposal for a regulation
Recital 22
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of restrictions of free movement ofor persons restrictions. It is. However, given the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market, the rule should always be free movement as laid down in the Treaties. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.
Amendment 103 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and, how the measures comply with the provisions laid down in the TFEU as well as the crisis-relevant goods or services that such measures apply to.
Amendment 117 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respectssafeguards the fundamental rights as laid down in the Treaties and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the right to engage in work, protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to non-discrimination as protected by Article 21 by the Charter, right to collective bargaining and action protected by Article 26 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 129 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a General principles 1. In order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States shall, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods, services and persons in their territory. A Member State on the territory of which obstacles to the free movement of goods, services or persons occur shall take all necessary and proportionate measures to restore as soon as possible the free movement in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it. The Member State shall inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfil this objective. 2. This Regulation shall not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right or freedom to strike. These rights may also include the right or freedom to take other actions covered by the specific industrial relations systems in Member States.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chai, in order to safeguard the rights as laid down in the Treaties, in particular the right to free movement of goods, services and persons.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement of goods, services or persons on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘economic operator’ means the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC or a provider who offers or provides a service as defined in Directive 2006/123/EC;
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 6 – point a a (new)
Article 4 – paragraph 6 – point a a (new)
(a a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and assess the impact of the emergency as referred to in Article 3(3);
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group mayshall adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports shall be made public, in accordance with Directive 2016/943.
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowere and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith both economic operators and the public with a coordinating role for the Commission;
Amendment 180 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
Amendment 197 #
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(d a) the impact on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
Amendment 199 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on free movement of goods, services or persons or the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 202 #
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the absence or shortages of substitute goods, inputs or services.
Amendment 208 #
Proposal for a regulation
Part IV – title II – Chapter I – title
Part IV – title II – Chapter I – title
I Measures for re-establishensuring and facilitating free movement
Amendment 213 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applyingre a Member States introduces national measures in response to a Single Market emergency and the underlying crisis, the Member States shall ensure that their actionsuch measures fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article.
Amendment 220 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 222 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner,unambiguous and timely manner. Such information should be accessible for persons with disabilities and made available in relevant languages in particular in cross-border areas.
Amendment 226 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force, as well as the foreseen timeline for its deactivation. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners. Member States shall also involve social partners to the greatest extent possible in the elaboration of measures that could have an impact on labour mobility.
Amendment 229 #
Proposal for a regulation
Article 17 – title
Article 17 – title
17 Prohibited restrictions of free movement rights including during a Single Market emergency
Amendment 233 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
Amendment 236 #
Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
Amendment 243 #
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim;
Amendment 245 #
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose which are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures, or which manifestly go beyond what is necessary to achieve the aim. Due regard shall be given to the situation of different types of workers, for example mobile workers.
Amendment 262 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measures restricting free movement of goods and the freedom to provide services as well as any proposed crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 267 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and, businesses are informed of the notified measures, unless Member States request that the measure, workers, the social partners and other affected stakeholders aremain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Articl informed of the notified measures, in a clear and unambiguous matter before their entry into force.
Amendment 276 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall operate national single points of contact that shall provide citizens, civil society organizations, consumers, economic operators and workers and their representatives with the following assistance:
Amendment 278 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, civil society organisations, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language and shall be accessible to persons with disabilities. It shall also be easily accessible at a distance and by electronic means and shall be kept up to date.
Amendment 280 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The Union level single point of contact shall provide citizens, civil society organizations, consumers, economic operators, workers and their representatives with the following assistance: