BETA

65 Amendments of Mara BIZZOTTO related to 2018/0064(COD)

Proposal for a regulation
Title

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European ~~Labour Authority~~Agency for Cross- Border Labour Market Issues (text with relevance for the EEA and for Switzerland) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2018/07/19
Committee: EMPL

Proposal for a regulation
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, support compliance andeliminate the inequalities in the Internal Market with regard to the free movement of workers and of services. To that effect, the Authority should support cooperation between the Member States to ensure the effective application of ~~the~~ Union law in ~~these areas, and mediate~~cross-border labour mobility situations and facilitate a solution in case of cross-border disputes ~~or labour market disruption~~between competent national authorities.

2018/07/19
Committee: EMPL

Proposal for a regulation
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 mobile services. It should also enhance cooperation between Member States in tackling undeclared work. The Authority should pay particular attention to the road transport sector as regards carriage for hire or reward, where the cross-border mobility of workers accounts for a major share of business. 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 appropriatewithin its scope, it should be able to report them and cooperate on these matters with the national authorities.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 7

(7) The Authority should contribute to ~~facilitat~~supervising the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39, Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41. It should ~~facilitat~~also supervise the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43, including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44, Regulation (EC) No 987/2009 of the European Parliament and the Council45, Regulation (EU) No 1231/2010 of the European Parliament and the Council46; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248. __________________ 39 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). 40 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). 41 Regulation (EU) 2016/2016 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). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 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) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 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). 45 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). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 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). 47 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). 48 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).

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 9

(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members, where they too are legally resident in the Union.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 11

(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross- border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53. __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
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 to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 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.deleted Communication from the Commission Commission Recommendation of 17

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 14

(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted ~~and~~or joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. The~~se should take place~~ Authority’s assistance with these inspections should be given solely at the request of all the Member States concerned or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 15

(15) In order to keep track of emerging trends, challenges, or ~~loophol~~inequalities in the areas of labour mobility ~~and social security coordination~~, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The aAuthority should ~~monitor~~examine current and potential imbalances in terms of skills and cross- border labour flows, in~~cluding their possible impact on~~ addition to any labour market disruptions affecting more than one Member State, including their impact on social and territorial cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 16

(16) To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, ~~facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU,~~ and supporting Member States in organising awareness- raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices.

2018/07/19
Committee: EMPL

Proposal for a regulation
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. The Member States ~~should be able to refer cases to the Authority for mediation~~involved in a dispute should be able to request the assistance of the Authority according to standard procedures put in place for this purpose. The Authority should ~~only deal~~be responsible for dealing only 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.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 18

(18) To facilitate the management of labour market adjustments, the Authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions.deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
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~~the social partners of each Member State. 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.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 30

(30) Within the framework of their respective competences and in order to avoid any overlapping, the Authority should cooperate as closely as possible with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust).

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 32

(32) The Authority should complement the activities of 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 Regulations.deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 33

(33) 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 provides a forum for consultation of social partners and government representatives at national level. The Authority should contribute to ~~their~~its work and may participate in ~~their~~its meetings.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 34

(34) In order to reflect this new institutional set-up, Regulation~~s (EC) No 883/2004, (EC) No 987/2009, (EU) No 492/2011, and (EU) 2016/589~~ (EU) No 492/2011 should be amended, and Decision 2009/17/EC and Decision (EU) 2016/344 should be repealed.

2018/07/19
Committee: EMPL

Proposal for a regulation
Recital 36

(36) Since the objectives of this Regulation to ~~support the free movement of workers and services and to contribute to strengthening fairness in the internal market~~contribute to eliminating the inequalities in the internal market, with regard to the free movement of workers and of services, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of th~~ose~~at activit~~ies~~y and the need for increased cooperation between Member States, 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 on European Union. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary in order to achieve those objectives.

2018/07/19
Committee: EMPL

Proposal for a regulation
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.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – introductory part

The objective of the Authority shall be to contribute to ensuring ~~fair~~that labour mobility in the internal market does not involve any unfair competition or social and wage dumping between Member States. To that end, the Authority shall:

2018/07/19
Committee: EMPL

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

~~(a) facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services;~~deleted

2018/07/19
Committee: EMPL

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

(b) support cooperation between Member States in the cross-border enforcement of relevant Union law~~, including facilitating joint inspections~~;

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ~~mediate and~~ facilitate a solution in cases of cross-border disputes between competent national authorities ~~or labour market disruptions~~.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 3 – paragraph 2

2. In each of the Member States, the Authority shall enjoy the most extensive legal capacity accorded to legal persons under their laws~~. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings~~ of that state.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) facilitate access to information by individuals and employers on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) ~~coordinate and~~provide operational support to concerted ~~and~~or joint inspections, in accordance with Articles 9 and 10;

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 5 – paragraph 1 – point f

(f) ~~mediate in~~facilitate a solution in cases of disputes between Member States' competent authorities on the application of relevant Union law, in accordance with Article 13;

2018/07/19
Committee: EMPL

Proposal for a regulation
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.~~deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 6

Information on cross-border labour The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall: (a) the rights and obligations of individuals in cross-border labour mobility situations; (b) promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training; (c) employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers; (d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU; (e) improving the accuracy, completeness and user-friendliness ofArticle 6 deleted mobility provide relevant information on provide relevant ~~national~~ information services, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256]; (f) support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.to support Member States in

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 7

Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e

(e) report to the Commission on a quarterly basis about unresolved ~~request~~disputes between Member States~~, and if considered necessary, refer those to mediation~~ for which its assistance has been requested in accordance with Article 13.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 2

2. The Authority shall support the work of the Administrative Commission for the Coordination of Social Security Systems with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – title

~~Coordination of~~Operational support to concerted and joint inspections

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – paragraph 1

1. ~~At the request of one or several Member States, the Authority shall coordinate~~Member States intending to conduct concerted or joint inspections in the areas under the scope of the Authority’s competences~~. The~~ may 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 inspection~~that the Authority provide operational support. (See amendment to Article 9(2)).

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – paragraph 2

2. WThe~~re the a~~ Authority ~~of a~~may suggest that the Member State ~~decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1~~authorities concerned conduct a concerted or joint inspection in the areas under the scope of the Authority’s competences. Where the authority of a Member State concerned decides not to take up that suggestion, it shall inform the Authority in writing of the reasons for its decision ~~duly in advance~~. In such cases, the Authority shall inform the other national authorities concerned. (See amendment to Article 9(1)).

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 9 – paragraph 3

3. The organisation of a concerted or joint inspection conducted with the operational support of the Authority 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 confidentialo be conducted with the operational support of the Authority, the Authority may not participate in the inspection.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – title

Arrangements for concerted ~~and~~or joint inspections

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 1

1. An agreement for setting up a concerted or joint inspection ('conducted with the operational support of the Authority (‘the joint inspection agreement'’) between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall ~~establish~~prepare a model agreement.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 2

2. Concerted ~~and~~or joint inspections as referred to in paragraph 1 and their follow-up shall be carried out in accordance with the national law of the Member States concerned.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 3

3. The Authority shall provide logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections as referred to in paragraph 1. Where concerted or joint inspections are not carried out with the operational support of the Authority, the Authority may provide the support referred to in the first subparagraph at the request of the participating Member States.

2018/07/19
Committee: EMPL

Proposal for a regulation
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 wi~~as referred to in paragraph 1 subject to the prior agreement of all bthe p~~roviding their assistance to the inspection~~articipating Member States.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 5

5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 6

6. Information on concerted and joint inspections conducted with the operational support of the Authority shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections conducted with the operational support~~ed by~~ of the Authority shall be included in the Authority'’s annual activity report.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 7

7. In the event that the Authority, in the course of concerted or joint inspections conducted with its operational support, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law~~, including beyond~~ within the scope of its competences, it shall report those suspected irregularities to the ~~Commission and~~ authorities in the Member State concerned~~, where appropriate~~.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 11 – paragraph 1

1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, labour market disruptions affecting multiple Member States, sector- specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues. For the purposes of this Article, ‘labour market disturbances affecting multiple Member States’ means any restructuring or projects impacting on employment in more than one Member State at the same time, such as the use of EU funding for wage dumping on the internal market, or the closure or relocation of production facilities or the making of wholesale redundancies simply to cut labour costs.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 12 – paragraph 1 – point e

(e) promote awareness-raising campaigns, including campaigns to inform individuals and employers, especially micro/small and medium-sized enterprises (‘MSMEs’), of their rights and obligations and the opportunities available to them.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – title

~~Mediation~~Disputes between Member States

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 1

1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may ~~perform a mediation rol~~help resolve the dispute.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 2

2. Upon request of ~~one~~all of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for that 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 disputeprovide assistance with a view to resolving the dispute through its working group or expert group set up for that purpose in accordance with Article 17(2).

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 3

3. When ~~presenting a case for mediation by~~applying to 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~~.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 4

4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for ~~mediation~~assistance by the Authority.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 5

5. Within three months of the conclusion of the 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.deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 13 – paragraph 6

6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the ~~mediatio~~assistance provided in cases it handles.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 14

Cooperation in case of cross-border labour market disruptions 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.Article 14 deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 15 – paragraph -1 (new)

-1 The Authority shall work as closely as possible with the existing institutions, foundations, specialist bodies and programmes at EU level in order to avoid any duplication.

2018/07/19
Committee: EMPL

Proposal for a regulation
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 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.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2

The rules of procedure of such working groups and panels shall be set out by the Authority following consultation of the Commission. ~~In matters related to social security coordination, the Administrative Commission for the Coordination of Social Security Systems shall also be consulted.~~

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1

Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2), taking into account relevant qualifications as well as managerial, administrative and budgetary skills.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3

The Member States and the Commission shall ~~make efforts to limit~~, when it comes to the turnover of their representatives on the Management Board ~~in order~~, make efforts to ensure the continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 4

4. The Stakeholder Group shall be composed of ~~six representatives of Union- level social partners equally representing trade unions and~~: (a) one member representing employers' organisations from each Member State; (b) one member representing employe~~r’s~~es' organisations~~, and two~~ from each Member State; (c) one member represent~~atives of~~ing the Commission.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 24 – paragraph 5

5. The members of the Stakeholder Group shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed. To the extent possible, an appropriate gender balance shall be respected, as well as adequate representation of MSMEs.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1

In so far as is necessary to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Authority may cooperate with the national authorities of third countries to which the relevant Union law on labour mobility ~~and social security coordination~~ applies.

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 46

Regulation (EC) No 883/2004
Articles 1, 72, 73, 74, 76

~~[...]~~deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 47

Regulation (EC) No 987/2009
Articles 1, 5, 6, 65, 67, 69

~~[...]~~deleted

2018/07/19
Committee: EMPL

Proposal for a regulation
Article 49

Regulation (EU) 2016/589
Articles 1, 3, 4, 7, 8, 9, 14, 29

~~[...]~~deleted

2018/07/19
Committee: EMPL