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Posted on 25-05-2018

Revising the Posting of Workers Directive

25-05-2018

Posting of workers plays an increasing role in the internal market, particularly in the cross-border provision of services. The Parliament and Council reached agreement in trilogue negotiations on the targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the European Commission. The agreement reached in March is scheduled to be voted by Parliament at first reading during the May II plenary session.

Posting of workers plays an increasing role in the internal market, particularly in the cross-border provision of services. The Parliament and Council reached agreement in trilogue negotiations on the targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the European Commission. The agreement reached in March is scheduled to be voted by Parliament at first reading during the May II plenary session.

Posting of Workers Directive

25-05-2018

Posting of workers plays an important role in the internal market, particularly in the cross-border provision of services. While the number of posted workers continues to increase significantly, problems such as unfair practices and unequal remuneration persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers is needed, and moreover, needs to be adapted to today’s labour market situation. The targeted revision of the Posting of ...

Posting of workers plays an important role in the internal market, particularly in the cross-border provision of services. While the number of posted workers continues to increase significantly, problems such as unfair practices and unequal remuneration persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers is needed, and moreover, needs to be adapted to today’s labour market situation. The targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the Commission intended to bring changes in three main areas: the remuneration of posted workers (making it equal to that of local workers, even when subcontracting), more coherent rules on temporary agency workers, as well as long-term posting. The provisional agreement reached in trilogue negotiations states that long-term posting (with labour law provisions of the host country to be applied) starts after 12 months (with a possible extension of six months). The overall amount of remuneration received by a posted worker must meet the level of remuneration in the host Member State (without the reimbursement of the worker’s expenses) which must be published on a single national website. Host Member States can accord to posted workers the coverage of representative collective agreements in all sectors, and they must protect them against fraudulent posting. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

European Labour Authority

25-05-2018

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above-mentioned proposal, submitted on 13 March 2018 and referred to the European Parliament's Committee on Employment and Social Affairs. The proposal aims to establish a European Labour Authority (ELA), which would facilitate fair labour mobility by strengthening administrative cooperation between national labour market authorities and improving management ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above-mentioned proposal, submitted on 13 March 2018 and referred to the European Parliament's Committee on Employment and Social Affairs. The proposal aims to establish a European Labour Authority (ELA), which would facilitate fair labour mobility by strengthening administrative cooperation between national labour market authorities and improving management of cross-border situations. This proposal falls within the framework of the European Pillar of Social Rights – which was proclaimed at the Social Summit for Fair Jobs and Growth in Gothenburg in 2017 – and aims to ensure that workers' and citizens' rights to equal treatment and opportunities regarding employment and social protection are guaranteed in cross-border situations (IA, p. 6). This initiative, which is included in the 2018 Commission work programme, was announced by President Juncker in his speech on the State of the European Union in September 2017, indicating that the ELA would ensure that 'EU rules on labour mobility are enforced in a fair, simple and effective way'. The ELA would be competent to facilitate the implementation of EU legislation on labour mobility and social security coordination for all economic sectors. The European Parliament has stressed the importance of proper implementation of EU legislation on cross-border labour mobility, reinforcement of controls, coordination between Member States to promote standardisation and cooperation, including strengthening information exchange between labour inspectorates.

Modernising trade defence instruments

25-05-2018

Trade defence instruments (TDIs) play a vital role in countering unfair trade practices from third countries and in levelling the playing field for EU companies, notably in times of mounting global overcapacity in a number of sectors. In April 2013, the Commission adopted a proposal to modernise the EU's basic Anti dumping and Anti-subsidy (AD/AS) Regulations. The reform was intended to enhance the transparency and predictability of investigations and increase the effectiveness and enforcement of ...

Trade defence instruments (TDIs) play a vital role in countering unfair trade practices from third countries and in levelling the playing field for EU companies, notably in times of mounting global overcapacity in a number of sectors. In April 2013, the Commission adopted a proposal to modernise the EU's basic Anti dumping and Anti-subsidy (AD/AS) Regulations. The reform was intended to enhance the transparency and predictability of investigations and increase the effectiveness and enforcement of AD/AS measures. Parliament adopted its position on the proposal in 2014, but the procedure was deadlocked in the Council until November 2016. Following interinstitutional negotiations, a political agreement was achieved in December 2017. After the Council’s adoption of its first-reading position in April 2018, the text must now be formally adopted by Parliament. In 2016, the legislative procedure on the reform of the methodology for calculating AD duties was launched as a second pillar of the TDI reform. See also our 'EU Legislation in progress' briefing on that proposal: Protection from dumped and subsidised imports.

Multiannual plan for North Sea demersal fisheries

25-05-2018

The European Parliament is due to vote on a provisional agreement with the Council on a legislative proposal for a multiannual plan to manage fisheries in the North Sea and some adjacent maritime areas. The plan would cover demersal species (i.e. species living close to the sea bottom). These stocks are exploited by various fishing fleets using various fishing gear but often catching different species together (mixed fisheries). Demersal fisheries, conducted by several thousand EU vessels, represent ...

The European Parliament is due to vote on a provisional agreement with the Council on a legislative proposal for a multiannual plan to manage fisheries in the North Sea and some adjacent maritime areas. The plan would cover demersal species (i.e. species living close to the sea bottom). These stocks are exploited by various fishing fleets using various fishing gear but often catching different species together (mixed fisheries). Demersal fisheries, conducted by several thousand EU vessels, represent over 70 % of EU catches in this area. After the adoption of a plan concerning the Baltic Sea, this multiannual plan for North Sea demersal fisheries is the second management plan proposed by the European Commission since the reform of the Common Fisheries Policy agreed at the end of 2013. Such multiannual tools are essential for the sustainable exploitation of marine resources and offer better predictability on catches allowed to fishermen over time. They also set a framework for improved cooperation between the Member States concerned at sea-regional level. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. To view earlier editions of this briefing, please see: PE 608.662, September 2017, drafted by Jean Weissenberger.

Brexit negotiations [What Think Tanks are thinking]

25-05-2018

European Union officials have warned the United Kingdom that time is running out if definitive agreement on the country’s withdrawal from the Union is to be reached by this autumn. Meanwhile, British Prime Minister, Theresa May, is struggling to keep her Cabinet and Conservative Party united as the focus of negotiations has shifted to the future customs regime and the accompanying, highly sensitive, issue of the border between Ireland and Northern Ireland. This note offers links to reports and commentaries ...

European Union officials have warned the United Kingdom that time is running out if definitive agreement on the country’s withdrawal from the Union is to be reached by this autumn. Meanwhile, British Prime Minister, Theresa May, is struggling to keep her Cabinet and Conservative Party united as the focus of negotiations has shifted to the future customs regime and the accompanying, highly sensitive, issue of the border between Ireland and Northern Ireland. This note offers links to reports and commentaries from some major international think-tanks and research institutes on Brexit negotiations and related issues. More reports on the topic can be found in a previous edition of ‘What Think Tanks are thinking’, published in January 2018.

Future of the Iran nuclear deal: How much can US pressure isolate Iran?

25-05-2018

In July 2015, Iran and the E3/EU+3 – France, Germany, the UK and the EU plus China, Russia and the USA – signed the Joint Comprehensive Plan of Action (JCPOA), a landmark agreement to ensure the peaceful nature of Iran's nuclear programme in exchange for the termination of restrictive measures against Iran. Following certification by the International Atomic Energy Agency (IAEA) that Iran had complied with its nuclear dismantlement commitments, implementation of the JCPOA commenced on 16 January ...

In July 2015, Iran and the E3/EU+3 – France, Germany, the UK and the EU plus China, Russia and the USA – signed the Joint Comprehensive Plan of Action (JCPOA), a landmark agreement to ensure the peaceful nature of Iran's nuclear programme in exchange for the termination of restrictive measures against Iran. Following certification by the International Atomic Energy Agency (IAEA) that Iran had complied with its nuclear dismantlement commitments, implementation of the JCPOA commenced on 16 January 2016. On that day, known as Implementation Day, all nuclear-related UN, US and EU sanctions on Iran were lifted. President Trump, who took office in January 2017, has consistently called the JCPOA 'a terrible deal'. In January 2018, he announced that the US would cease implementing the JCPOA in May 2018 unless Congress and US allies successfully addressed what he called the agreement's 'disastrous flaws'. During the short period given by President Trump, the US worked with EU allies on a 'supplemental agreement', to address the perceived weaknesses of the JCPOA. However, sufficient common ground could not be reached and on 8 May, President Trump announced that the US was leaving the nuclear deal with Iran and would (re)-impose sanctions. These block American firms from doing business in Iran, and bar foreign firms that do business with Iran from accessing the entire US banking and financial system. In addition, companies that violate the sanctions risk huge fines. The E3/EU have repeatedly stressed their support for the continued full and effective implementation of the JCPOA by all sides, pointing to the fact that it imposes very tough nuclear inspections and that the IAEA has confirmed 10 times that Iran is abiding by its commitments under the agreement. Russia and China have likewise expressed their unwavering support for the agreement. Iran has given the EU 60 days to ensure the continued implementation of the JCPOA, in particular its trade and economic aspects. The US has threatened to impose sanctions on European companies that continue to do business in Iran, but also signalled willingness to continue working on a 'supplemental agreement'.

US counter-terrorism since 9/11: Trends under the Trump administration

25-05-2018

The fight against terrorism has dominated the national security agenda in the United States since Al Qaeda's terrorist attacks of 11 September 2001 (9/11). To improve the country's intelligence and homeland security apparatus, the presidential administrations of George W. Bush and Barack Obama implemented a series of legislative, organisational, policy, and personnel reforms. The new administration under Donald Trump is continuing these efforts and has put particular emphasis on restricting the entry ...

The fight against terrorism has dominated the national security agenda in the United States since Al Qaeda's terrorist attacks of 11 September 2001 (9/11). To improve the country's intelligence and homeland security apparatus, the presidential administrations of George W. Bush and Barack Obama implemented a series of legislative, organisational, policy, and personnel reforms. The new administration under Donald Trump is continuing these efforts and has put particular emphasis on restricting the entry of and tightening the vetting process for refugees and immigrants. The administration has released a series of documents that provide strategic guidance for the US approach to national security and defence. Today, the US domestic counter-terrorism strategy focuses on radical Islamic terrorist threats, stopping the movement of foreign terrorist fighters, and countering the spread of radicalisation. In this context, cyberspace is of particular interest, since the internet provides opportunities for terrorists to inspire, radicalise and recruit followers; raise funds; communicate through encrypted apps; and supply guidance and instructions to followers for carrying out attacks. The European Union and the United States are key partners in the fight against terrorism, including through NATO.

2018 elections in Colombia: A test for peace?

25-05-2018

2018 is an important election year in Colombia, with legislative elections held in March, and the presidential election due on 27 May, with a second round probable, on 17 June, if no candidate gets over 50 % of the vote. It is also the first time in more than 50 years that elections are being held in peace, after an agreement was reached, and is now being implemented, with the guerilla, FARC. The legislative elections have left a fragmented Congress dominated by the right, and the presidential race ...

2018 is an important election year in Colombia, with legislative elections held in March, and the presidential election due on 27 May, with a second round probable, on 17 June, if no candidate gets over 50 % of the vote. It is also the first time in more than 50 years that elections are being held in peace, after an agreement was reached, and is now being implemented, with the guerilla, FARC. The legislative elections have left a fragmented Congress dominated by the right, and the presidential race, though still uncertain, seems to be polarised by a right-wing candidate, Ivan Duque, and his left-wing opponent, Gustavo Petro. Of the six candidates for the presidency, only Ivan Duque, from the Democratic Centre, has openly opposed the agreements made with the FARC, and has promised to make 'structural modifications', in particular regarding the Special Justice for Peace mechanism. The EU, which has actively supported the peace process in Colombia, has sent an electoral expert mission to follow the elections, and the European Parliament will also be present, through a multi-party delegation of eight MEPs.

Counter Terrorism and External Border Management in Italy

15-05-2018

This in-depth analysis was produced by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Special Committee on Terrorism (TERR) for the purpose of a TERR mission to Rome and Catania from 6 to 8 June 2018. The paper examines Italy’s external border management, through the lens of counter terrorism. Hotspots and Standard Operating Procedures are given specific attention, alongside the Italian and European legislative framework. By exploring the role and interaction ...

This in-depth analysis was produced by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Special Committee on Terrorism (TERR) for the purpose of a TERR mission to Rome and Catania from 6 to 8 June 2018. The paper examines Italy’s external border management, through the lens of counter terrorism. Hotspots and Standard Operating Procedures are given specific attention, alongside the Italian and European legislative framework. By exploring the role and interaction of different organisations with national authorities, this paper provides a comprehensive overview of their different mandates and contribution to Italy’s external border management.

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