Activities of Evelyn REGNER related to 2018/0064(COD)
Legal basis opinions (0)
Amendments (137)
Amendment 62 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Labour mobility within the Internal Market is based on the three fundamental principles: freedom of movement for workers which relates to permanent, seasonal and frontier workers, as well as to jobseekers who move to another Member State to integrate into its labour market); freedom of establishment, and freedom to provide services by sending employed persons by their employer to carry out a service in another Member State without integrating in its labour market or by self-employed persons who move to another Member State to carry out a service.
Amendment 65 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Compliance with Union law in the area of labour mobility is confronted with differing implementations and interpretations by Member States, thus creating legal uncertainty and facilitating abuse. The diversity of labour markets and the structure of social protection systems in the different Member States, the existence in some Member States of many different competent authorities, as well as the differences between functions, capacities and powers of the competent authorities in different Member States seriously hinder and negatively affect cooperation between them and implementation of Union law in the area of labour mobility.
Amendment 66 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) Workers moving to take up employment in another Member State are more vulnerable to discrimination and various types of social fraud such as by means of letterbox companies and bogus self-employment despite being entitled to equal treatment with nationals in access to employment, working conditions and all other social and tax conditions, including social security. Due to a lack of knowledge and sufficient information about their rights, but also due to unscrupulous employers or labour market intermediaries and of insufficient control by competent national authorities, such workers may be negatively affected by underpayment and inadequate health and safety standards being applied at the workplace, by discriminatory, fraudulent and abusive working arrangements, as well as by trafficking for labour exploitation. Therefore it is highly necessary that dedicated efforts for addressing and tackling challenges and problems faced by workers when moving or working in another Member State should be undertaken.
Amendment 68 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, supporthelp to improve 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. To this end, the Authority should also be able to take binding decisions and elaborate, in cooperation with the Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate, to be applied and monitored by the Authority.
Amendment 73 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, supporthelp to improve 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. To this end, the Authority should also be able to take binding decisions where necessary.
Amendment 76 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobilecross- border provision of services. It should also enhancoblige cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate. The Authority should support Member States in fulfilling their responsibilities and thereby help them to exploit any synergy effects in order to work as efficient as possible.
Amendment 85 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. However, workers' rights should be improved significantly.
Amendment 86 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Improving access to information by individuals and establishments, about their rights and obligations in the areas of free movement of workers, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. While provision of such reliable, up-to- date and easy accessible information should remain responsibility of Member States at national or regional level with the support of the Commission under Regulation (EU) No 2016/589 of the European Parliament and the Council 1a, the Authority should assist Member States' competent national authorities for better cooperation and coordination between them in exchanging information and best practices in the area of labour mobility and for exploring the possibility of creating or facilitating help desks or one-stop-shops dedicated to labour mobility within the internal market issues for individuals and establishments. __________________ 1a Regulation (EU) No 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1).
Amendment 89 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility within the internal market and social security coordination, including freedom of movement ofor workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared workas well as freedom of establishment and freedom to provide services. It should also provide operational support to the European Platform to enhance cooperation in tackling undeclared work by assuming the functions of its Secretariat. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 91 #
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. _________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 93 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobilecross- border provision of services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 95 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should supportimprove cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should supporthelp Member States’ to compliance withy with their cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 104 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . .Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purposedispute settlement. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 112 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, social partners and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 116 #
Proposal for a regulation
Recital 8
Recital 8
(8) In certain instances, sector- specific Union law has been adopted in order to respond to specific needs in thatparticular sectors, such as the area of international transport. The Authority should also deal with the cross-border aspects of the application of such sector-specific Union law, in particular Regulation (EC) No 561/2006 of the European Parliament and the Council49 , Directive 2006/22/EC of the European Parliament and the Council50 , Regulation (EC) No 1071/2009 of the European Parliament and the Council51 and Directive (Amending Directive 2006/22/EC – COM(2017)278)52 . __________________ 49 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 transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 50 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 51 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 52 COM(2017)278 – Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector, temporary agencies work, as well as sectors that across many Member States are linked to problems with trafficking for labour exploitation such as agriculture, construction, domestic work and hotels and restaurants, the Authority should also deal with the labour mobility aspects of the application of the relevant sector-specific Union law .
Amendment 117 #
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. The Authority's budget has to be focused on results. 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 123 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities ofoperate with the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulationand be permitted to attend meetings of the Administrative Commission and its committees.
Amendment 124 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and (EU) 2016/589 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 128 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Parliament should be systematically and on equal terms with the Commission and Council involved in defining and weighting the criteria for the location of the Authority;
Amendment 129 #
Proposal for a regulation
Article 1 – title
Article 1 – title
1 Subject matter and scopeEstablishment and scope of action
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility andfield of activity of the Authority shall comprise ensuring fairness in the field of cross-border labour mobility, fight against social dumping and improving the coordination of social security systems within the Union.
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objectivpurpose of the Authority shall be to contribute to ensuringpromote fair labour mobility in the internal market. To this end, the Authority shall:
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and nd encourage the necessary activities for the purpose of promoting fair labour mobiligationsty as well as to relevant servpreventing and countering unfair labour mobility practices;
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportimprove cooperation between Member States in the cross-border enforcementconsistent, efficient and effective application of relevant Union law, including facilitating joint inspections;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) oversee the application of Union law in the area of labour mobility, as well as examine breaches of this law such as various forms of social fraud, infringements and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation;
Amendment 158 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should supportimprove cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should supporthelp Member States’ to compliance withy with their cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) propose, coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;
Amendment 166 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry outinitiate analyses and carry out risk assessments on issues of cross-border labour mobilityrelated to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11;
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) issue guidelines and interpretative opinions on relevant Union law and support Member States with capacity- building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, and, where necessary, help to settle disputes by means of decisions, in accordance with Article 13;
Amendment 171 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross- border labour market disruptions, in accordance with Article 14. and facilitate the support of employees in precarious cross-border working conditions;
Amendment 190 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purposedispute settlement. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance withhelp to ensure that they comply with their cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 204 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and, the Commission and social partners should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director and a Deputy 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 205 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of national authorities or at its own initiative, and in order to speed up exchanges between them, in particular:
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilithelp to ensure thate cross-border enforcement procedures of penalties and fines work; elaborate, in cooperation with the Member States, an enhanced and systematic fining policy that is effective, dissuasive and proportionate, to be applied and monitored by the Authority; provide assistance to recover workers' financial entitlements and to identify the place of jurisdiction;
Amendment 214 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners, including recognized EU sectoral social partners representing different sectors particularly concerned by labour mobility issues. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours.
Amendment 216 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority's competences.
Amendment 222 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Authority shall facilitate cooperation between Member States in the event of cross-border market disruptions and support their fight against social dumping.
Amendment 225 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectionor of social partners' organisations or on the initiative the Authority, Member States shall work towards concluding an agreement between them and the Authority for concerted or joint inspections in the areas under the scope of the Authority’s competences.
Amendment 228 #
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 235 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities ofoperate with the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulationand be permitted to attend meetings of the Administrative Commission and its committees.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. Concerted and joint actions and inspections also cover the activities in the frame of the cooperation, in the fight against fraudulent service providers, as referred to in Chapter VI of the Services Directive 2006/123/EC.
Amendment 248 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to reflect this new institutional set-up, Regulations (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and (EU) 2016/589 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.
Amendment 254 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. The outcomes shall be published.
Amendment 258 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union. ct within the powers conferred to it by this Regulation and in accordance with Regulation (EU) No 492/2011 of the European Parliament and of the Council 69a, Directive 2014/54/EU of the European Parliament and the Council 69b, Regulation(EU) 2016/589 of the European Parliament and the Council 69c, Directive 96/71/EC of the European Parliament and the Council 69d and Directive 2014/67/EU of the European Parliament and the Council 69e, Regulation(EC) No 883/2004 of the European Parliament and the Council 69f, Regulation (EC) No 987/2009 of the European Parliament and the Council69g , Regulation(EU) No 1231/2010 of the European Parliament and the Council69h; as well as Council Regulation (EC) No 1408/716 69i and Council Regulation (EC) No 574/72 69j,and Decision(EU) 2016/344 of the European Parliament and the Council 69k including all legal acts adopted pursuant to those legislative acts. __________________ 69a Regulation(EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p.1). 69b Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 69c Regulation(EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p.1). 69d Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996concerning the posting of workers in the framework of the provision of services(OJ L 18, 21.1.1997, p. 1). 69e Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 69f Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 69g Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 69h Regulation(EU) No 1231/2010 of the European Parliament and of the Council of 24 November2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 69i Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 69j Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1). 69k Decision(EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 264 #
Proposal for a regulation
Article 13 – title
Article 13 – title
13 MediationSettlement of disagreements between Member States
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating tofield of activity of the Authority shall comprise ensuring fairness in the field of cross-border labour mobility and improving the coordination of social security systems within the Union.
Amendment 269 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 273 #
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 case at any point in the course of the mediation procedure.
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall also perform tasks related to aspects of sector-specific Union law which concern labour mobility.
Amendment 279 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level relating to the disagreement concerned shall not be admissible for mediation by the Authority.
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objectivpurpose of the Authority shall be to contribute to ensuringpromote fair labour mobility in the internal market. To that end, the Authority shall:
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of thesuccessful mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up.
Amendment 281 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. If the mediation is not successfully completed within a reasonable period of time, or if no successful conclusion can be anticipated, the Authority may refer the matter to the Dispute Settlement Board. The Dispute Settlement Board may, in accordance with the procedure referred to in paragraph 17(3), take a decision requiring the competent authorities concerned to take, or refrain from taking, certain measures to resolve the matter, in order to ensure compliance with Union law.
Amendment 283 #
Proposal for a regulation
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. Within three months of a decision by the Dispute Settlement Board, the Member States concerned shall notify the Authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision.
Amendment 284 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases and dispute settlement procedures it handles.
Amendment 286 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authorities, the Authority may 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. The Authority shall thereby adequately involve the respective social partners and may not interfere with their autonomy.
Amendment 291 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board and a Dispute Settlement Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 293 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The Dispute Settlement Board shall comprise the national liaison officers referred to in Article 33, a representative of the Commission, the Executive Director and three independent experts nominated by the Management Board. In case of dispute settlement procedures under Article 13, the National Liaison Officers of the Member States concerned, the Executive Director, the Commission representative and the three independent experts shall participate. The Executive Director shall act as chair. Decisions shall be taken by a two-thirds majority of the votes cast; the Commission representative shall not vote.
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers to information on their rights and nd encourage the necessary activities for the purpose of promoting fair labour mobiligationsty as well as to relevant servpreventing and countering unfair labour mobility practices;
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) oversee and examine the application of relevant Union law by and within Member States and forward conclusions and recommendations;
Amendment 306 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) adopt, by a two-thirds majority of its members entitled to vote, the annual budget of the Authority, after the budget has been submitted to the Stakeholders Group for an opinion, and exercise other functions in respect of the Authority's budget pursuant to Chapter IV;
Amendment 307 #
Proposal for a regulation
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented, after the strategy has been submitted to the Stakeholders Group for an opinion;
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) supportimprove cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;
Amendment 310 #
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) adopt the rules of procedures of the working groups and panels of the Authority set up in accordance with Article 17(2) and (3) and appoint three independent experts pursuant to Article 17(3) and two substitutes for each expert for a term of 10 years;
Amendment 321 #
Proposal for a regulation
Article 23 – paragraph 4 – point k a (new)
Article 23 – paragraph 4 – point k a (new)
(ka) preside over dispute settlement proceedings.
Amendment 324 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. To facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this Regulation, a Stakeholder Group with advisory functions attached to the Authority shall be established.
Amendment 325 #
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 year on the initiative of the Executive Director or, at the request of the Commission. or of at least two representatives of stakeholders. If a meeting is requested, the Executive Director shall be required to convene one immediately. The meeting must be held within three weeks of being convened.
Amendment 331 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions andone national trade union and one national employer’s organisations from each Member State, and two representatives of the Commission.
Amendment 334 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The Authority shall provide the secretariat for the Stakeholder Group. The Stakeholder Group shall adopt its rules of procedure by a two-thirds majority of its members entitled to vote. The rules of procedure shall be subject to approval by the Management Board.
Amendment 336 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multi- annual and annual programming in accordance with Commission Delegated Regulation (EU) No 1271/201373 and taking into account guidelines set by the Commission, after the document has been submitted to the Stakeholder Group for an opinion. _________________ 73 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 346 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) facilitate cooperation andand encourage cooperation, coordination, as well as the exchange of information between national authorities with a view to the effectiveconsistent, effective and efficient compliance, implementation and enforcement of relevant Union law, in accordance with Article 8;
Amendment 347 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) oversee the application of Union law in the area of labour mobility, as well as examine breaches of this law such as various forms of social fraud, infringements and abuse of labour mobility rights of mobile workers, including seasonal, frontier and posted workers, discrimination, fraudulent work contracts and trafficking for labour exploitation, and forward the corresponding conclusions and recommendations in accordance with Article 8a and 8b;
Amendment 348 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1 – point n a
Article 1 – point n a
(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;;
Amendment 349 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 – introductory part
Article 46 – paragraph 1 – point 2 – introductory part
(2) in Article 72, the following point (ga) is replaced by the following:inserted: " (ga) provide the European Labour Authority with technical input and expertise when required."
Amendment 350 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 – point g
Article 72 – point g
Amendment 351 #
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Article 46 – paragraph 1 – point 3
Amendment 352 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 353 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 354 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) propose, coordinate and support concerted and joint inspections, in accordance with Articles 9, 10 and 10a;
Amendment 355 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 356 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 357 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 358 #
Proposal for a regulation
Article 46 – paragraph 1 – point 5
Article 46 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Article 76
Article 76
Amendment 359 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) issue guidelines and interpretative opinions on relevant Union law and support Member States with capacity- building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;
Amendment 359 #
Proposal for a regulation
Article 47 Regulation (EC) No 987/2009
Article 47 Regulation (EC) No 987/2009
Amendment 360 #
Proposal for a regulation
Article 47 – paragraph 1 – point 1
Article 47 – paragraph 1 – point 1
Regulation (EC) No 987/2009
Article 1
Article 1
Amendment 361 #
Proposal for a regulation
Article 47 – paragraph 1 – point 2
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5
Article 5
Amendment 362 #
Proposal for a regulation
Article 47 – paragraph 1 – point 3
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6
Article 6
Amendment 363 #
Proposal for a regulation
Article 47 – paragraph 1 – point 4
Article 47 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 65
Article 65
Amendment 364 #
Proposal for a regulation
Article 47 – paragraph 1 – point 5
Article 47 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 67
Article 67
Amendment 365 #
Proposal for a regulation
Article 47 – paragraph 1 – point 6
Article 47 – paragraph 1 – point 6
Regulation (EC) No 987/2009
Article 69
Article 69
Amendment 369 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, and, where necessary, help to settle disputes by means of decisions, in accordance with Article 13;
Amendment 462 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 465 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance withhelp to ensure that they comply with their cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 474 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of national authorities or at its own initiative, and in order to speed up exchanges between them, in particular:
Amendment 489 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilithelp to ensure thate cross-border enforcement procedures of penalties and fines; work;
Amendment 491 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines; provide assistance to recover workers’ financial entitlements and to identify the place of jurisdiction;
Amendment 505 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
Article 8 – paragraph 1 – subparagraph 2 a (new)
In the event of a persisting problem or a refusal to cooperate without proper justification, the Authority shall inform the Commission. The Commission shall, being informed and after consulting the Member State concerned, take all necessary measures to remedy the situation. Any permanent refusal to cooperate constitutes an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 506 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent and complete. The competent authority shall provide the information within two weeks and in urgent cases within 24 hours.
Amendment 509 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Upon a duly justified request from a national authority, the Authority shall provide any information that is necessary to enable the national authority to carry out its tasks, within the scope of the Authority’s competences.
Amendment 523 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud,, such as a future European social security register for access to relevant data in real time, in order to facilitate the detection of fraud, in particular in social security area. The Authority shall providinge reports to the Commission with a view to their further development.
Amendment 543 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspecor of social partners' organisations ior on the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectioninitiative the Authority, Member States shall work towards concluding an agreement between them and the Authority for concerted or joint inspections in the areas under the scope of the Authority’s competences.
Amendment 603 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Officials from another Member State and from the Authority participating in concerted or joint inspections shall have the same powers as national officials in accordance with the national legislation of the concerned Member State. In order to ensure proper application of this Regulation, all officials participating in concerted or joint inspections shall have minimum investigation powers in accordance with Article 10a.
Amendment 604 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. Concerted and join inspections shall not replace nor undermine national competences. National authorities should also be fully associated in the process and have full and autonomous authority. Where trade unions are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the trade unions concerned so agree.
Amendment 633 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Member States shall ensure that during legal proceedings, the information collected in accordance with this Article may be relied upon as evidence under the same conditions as evidence legally collected on their national territory.
Amendment 653 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 700 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 717 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 728 #
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 case at any point in the course of the mediation procedure.
Amendment 739 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level relating to the disagreement concerned shall not be admissible for mediation by the Authority.
Amendment 745 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Within three months of the conclusion of thesuccessful mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up.
Amendment 746 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. If the mediation is not successfully completed within a reasonable period of time, or if no successful conclusion can be anticipated, the Authority may refer the matter to the Dispute Settlement Board. The Dispute Settlement Board may, in accordance with the procedure referred to in paragraph 17(3), take a decision requiring the competent authorities concerned to take, or refrain from taking, certain measures to resolve the matter, in order to ensure compliance with Union law.
Amendment 748 #
Proposal for a regulation
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. Within three months of a decision by the Dispute Settlement Board, the Member States concerned shall notify the Authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision.
Amendment 753 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases and dispute settlement procedures it handles.
Amendment 789 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board and a Dispute Settlement Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 796 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
The Dispute Settlement Board shall comprise the national liaison officers referred to in Article 33, a representative of the Commission, the Executive Director and three independent experts nominated by the Management Board. In case of dispute settlement procedures under Article 13, the National Liaison Officers of the Member States concerned, the Executive Director, the Commission representative and the three independent experts shall participate. The Executive Director shall act as chair. Decisions shall be taken by a two-thirds majority of the votes cast; the Commission representative shall not vote.
Amendment 832 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) adopt, by a two-thirds majority of its members entitled to vote, the annual budget of the Authority, after the budget has been submitted to the Stakeholders Group for an opinion, and exercise other functions in respect of the Authority's budget pursuant to Chapter IV;
Amendment 833 #
Proposal for a regulation
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented, after the strategy has been submitted to the Stakeholders Group for an opinion;
Amendment 837 #
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) adopt the rules of procedures of the working groups and panels of the Authority set up in accordance with Article 17(2) and (3) and appoint three independent experts pursuant to Article 17(3) and two substitutes for each expert for a term of 10 years;
Amendment 868 #
Proposal for a regulation
Article 23 – paragraph 4 – point k a (new)
Article 23 – paragraph 4 – point k a (new)
(ka) preside over dispute settlement proceedings.
Amendment 874 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. To facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this Regulation, a Stakeholder Group with advisory functions attached to the Authority shall be established.
Amendment 884 #
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 year on the initiative of the Executive Director or at the request of the Commission, at the request of the Commission or of at least two representatives of stakeholders. If a meeting is requested, the Executive Director shall be required to convene one immediately. The meeting must be held within three weeks of being convened.
Amendment 890 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions andone national trade union and one national employer’s organisations from each Member State, and two representatives of the Commission.
Amendment 900 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The Authority shall provide the secretariat for the Stakeholder Group. The Stakeholder Group shall adopt its rules of procedure by a two-thirds majority of its members entitled to vote. The rules of procedure shall be subject to approval by the Management Board.
Amendment 905 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Each year, the Executive Director shall draw up a draft single programming document containing in particular multi- annual and annual programming in accordance with Commission Delegated Regulation (EU) No 1271/201373 and taking into account guidelines set by the Commission, after the document has been submitted to the Stakeholder Group for an opinion. __________________ 73 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 943 #
Proposal for a regulation
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Regulation (EC) No 883/2004
Article 1 – point na
Article 1 – point na
“(na) ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;”;
Amendment 946 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 – introductory part
Article 46 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 883/2004
Article 72 - point g
Article 72 - point g
(2) in Article 72, the following point (ga) is replaced by the followinginserted:
Amendment 947 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Article 72 - point g a
Article 72 - point g a
ga) “(ga) establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the European Labour Authority referred to in Article 74provide the European Labour Authority with technical input and expertise when required.”;
Amendment 948 #
Proposal for a regulation
Article 46 – paragraph 1 – point 3
Article 46 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Article 73
Article 73
Amendment 951 #
Proposal for a regulation
Article 46 – paragraph 1 – point 4
Article 46 – paragraph 1 – point 4
Regulation (EC) No 883/2004
Article 74
Article 74
Amendment 955 #
Proposal for a regulation
Article 47
Article 47