Níl an doiciméad seo ar fáil i do theanga féin. Roghnaítear teanga eile as na teangacha atá ar fáil.

Nós Imeachta : 2018/0064(COD)
Céimeanna an doiciméid sa chruinniú iomlánach
An doiciméad roghnaithe : A8-0391/2018

Téacsanna arna gcur síos :

A8-0391/2018

Díospóireachtaí :

PV 16/04/2019 - 6
CRE 16/04/2019 - 6

Vótaí :

PV 11/12/2018 - 5.3
CRE 11/12/2018 - 5.3
PV 16/04/2019 - 8.22
Mínithe ar vótaí

Téacsanna arna nglacadh :

P8_TA(2019)0380

REPORT     ***I
PDF 1864kWORD 311k
26.11.2018
PE 623.718v02-00 A8-0391/2018

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

Committee on Employment and Social Affairs

Rapporteur: Jeroen Lenaers

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 MINORITY OPINION
 OPINION of the Committee on Budgets
 OPINION of the Committee on Transport and Tourism
 OPINION of the Committee on Legal Affairs
 OPINION of the Committee on Civil Liberties, Justice and Home Affairs
 OPINION of the Committee on Women's Rights and Gender Equality
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0131),

–  having regard to Article 294(2), and Articles 46 and 48, Article 53(1), Article 62 and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0118/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 20 September 2019,

–  having regard to the opinion of the Committee of the Regions of 9 October 2018,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets, the Committee on Transport and Tourism, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A8-0391/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Citation 2 a (new)

Text proposed by the Commission

Amendment

 

Having regard to the European Pillar of Social Rights,

Amendment    2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress, to promote social justice and protection, combat social exclusion and discrimination, and to promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as to promote economic, social and territorial cohesion, and solidarity among Member States. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

Amendment    3

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  In its Special Report No 6/2018 on the Free Movement of Workers entitled ‘Free Movement of Workers – the fundamental freedom ensured but better targeting of EU funds would aid worker mobility’, the European Court of Auditors included recommendations to the Commission to improve awareness about the tools relating to information provision on the freedom of movement of workers and reporting discrimination as well as to make better use of available information in order to identify types of discrimination.

Amendment    4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  As outlined in their Joint Declaration on the legislative priorities for 2018-2019, the European Parliament, the Council and the Commission are committed to taking action to reinforce the social dimension of the Union, by working on improving the coordination of social security systems36 , by protecting workers from health risks in the workplace37 , by ensuring fair treatment for all in the Union labour market through modernised rules on posting of workers38 , and by further improving cross-border enforcement of the Union law.

(4)  As outlined in their Joint Declaration on the legislative priorities for 2018-2019, the European Parliament, the Council and the Commission are committed to taking action to reinforce the social dimension of the Union, by working on improving the coordination of social security systems36 , by protecting all workers from health risks in the workplace37 , by ensuring fair treatment for all in the Union labour market through modernised rules on posting of workers38 , and by further improving cross-border enforcement of the Union law.

_________________

_________________

36 Proposal for a Regulation of the European Parliament and of the Council 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 (COM (2016) 815 final.

36 Proposal for a Regulation of the European Parliament and of the Council 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 (COM (2016) 815 final.

37 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (COM(2017) 11 final).

37 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (COM(2017) 11 final).

38 Proposal for a Directive of the European Parliament and of the Council amending 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 (COM (2016) 128 final).

38 Proposal for a Directive of the European Parliament and of the Council amending 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 (COM (2016) 128 final).

Amendment    5

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a)  Concerns remain regarding compliance with, and effective and efficient enforcement of, Union law, which risks jeopardising trust and fairness in the internal market. It is therefore crucial to improve the cross-border enforcement of Union law in the area of labour mobility and to tackle abuse in order to protect the rights of mobile workers, to ensure that companies, in particular small and medium-sized enterprises (SMEs) can compete on an equal playing field and to maintain support of the citizens for the internal market and the four freedoms, so that bona fide companies and workers can enjoy their rights and make use of the opportunities of the internal market to the fullest extent.

Amendment    6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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.

(5)  A European Labour Authority (the ‘Authority’) should be established in order to provide added value at Union level to help strengthen fairness and trust in the Single Market. The Authority’s objective should be clearly defined with a strong focus on a limited number of tasks so that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value. To that effect, the Authority should assist the Member States and the Commission in matters relating to application and enforcement of the Union law in the area of labour mobility in the framework of the freedom of movement for workers and the freedom to provide services in the internal market, by strengthening access to information, support compliance and cooperation between the Member States in the consistent, efficient and effective application and enforcement of the Union law in this area, and mediate and facilitate a solution in case of disputes between Member States concerning this law.

Amendment    7

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  Improving access to information by individuals and employers, in particular SMEs, about their rights and obligations in the areas of labour mobility, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. For reasons of efficiency and effectiveness, such provision of reliable, up-to-date and easy accessible information should not be within the scope of the Authority, but rather at national or regional level, where also specific bilateral arrangements between Member States, for instance in the field of fiscal coordination, can be taken into consideration. To that end, the Commission should explore the possibility of creating or facilitating helpdesks or one-stop-shops for companies and workers in cross-border situations.

Amendment    8

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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. 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.

(6)  The Authority should perform its activities in the area of labour mobility in the framework of the freedom of movement for workers and the freedom to provide services in the internal market and social security coordination, including posting of workers and highly mobile services and access to social rights and benefits. It should also enhance cooperation between Member States in tackling undeclared work and in situations where the proper functioning of the internal market is at risk because of, inter alia, letter box companies, fraudulent companies or the phenomenon of bogus self-employment. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities in areas of Union law, such as violations of working conditions, health and safety rules, severe labour exploitation, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.

Amendment    9

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  Undeclared work often has a cross-border dimension and can have serious implications for the workers concerned. Some vulnerable groups, such as third-country nationals, are particularly exposed to undeclared work and the denial of basic workers’ rights connected with it. The Authority should cooperate with the European Platform to enhance cooperation in tackling undeclared work established by Decision (EU) 2016/344 of the European Parliament and the Council and should further strengthen Union-level cooperation in that field.

Amendment    10

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission

Amendment

 

(6b)  The Authority should proactively contribute to national and Union efforts while carrying out its tasks in full cooperation with Union institutions, bodies, offices and agencies, and Member States, avoiding any duplication of work, promoting synergy and complementarity and thus achieving coordination and fiscal savings.

Amendment    11

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The Authority should contribute to facilitating 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 facilitate 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 .

(7)  The Authority should contribute to facilitating the application and enforcement of Union law in the area of labour mobility in the framework of the freedom of movement for workers and the freedom to provide services in the internal market, and to supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. To that end, the Authority should set up a single European website for the purpose of accessing all Union and national websites established in accordance with Directive 2014/67/EU and Directive 2014/54/EU. 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).

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).

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) 2016/589 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).

41 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).

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).

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).

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).

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).

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).

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).

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).

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).

Amendment    12

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  In certain instances, sector-specific Union law has been adopted in order to respond to specific needs in that sector, 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 .

(8)  In order to respond to specific needs in particular sectors, such as the area of international transport, temporary agencies work, agriculture, construction, domestic work and hotels and restaurants, the Authority should also perform tasks related to the labour mobility aspects of the application of the relevant sector-specific Union law.

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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.

 

Amendment  13

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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.

(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, employers, self-employed persons, jobseekers; 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, as provided for by the relevant Union law regulating their mobility within the Union.

Amendment    14

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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.

(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. Increased cooperation in the area of enforcement should not place an excessive administrative burden on mobile workers or employers, in particular SMEs, or discourage labour mobility.

Amendment    15

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

deleted

__________________

 

53 Regulation [Single Digital Gateway – COM(2017)256]

 

Amendment    16

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(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.

__________________

__________________

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).

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/

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.

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).

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).

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    17

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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.

(14)  To increase Member States' capacity to ensure protection of people exercising their free movement rights and tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the competent national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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 and practice of the Member States in which the inspections take place. Member States should follow up on the outcomes of the concerted and joint inspections according to national law and practice. Member States should ensure that the information collected during concerted or joint inspections may be used as evidence in legal proceedings in the Member States concerned.

Amendment    18

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a)  Concerted and joint inspections should 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    19

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

(15)  In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop, in cooperation with Member States and social partners, an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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 sector-specific challenges and recurring problems concerning labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, as well as concerning the coordination of social security systems within the Union. 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.

Amendment    20

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 purpose. 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.

(17)  The Authority should provide a platform for conciliation between Member States in relation to the application of Union law that falls within its scope, without impinging on the powers of the Court of Justice of the European Union. 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. Where Member States voluntarily commit to conciliation the Authority should have the power to settle disputes by adopting decisions. Member States should be able to refer cases to the Authority for conciliation according to standard procedures put in place for this purpose. 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. The Authority should also be able to request the Commission to start infringement proceedings in the case of a suspected breach of Union law.

__________________

__________________

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.

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.

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    21

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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

Amendment  22

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  The Member States 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.

(21)  The Member States, the Commission, the independent experts appointed by the European Parliament and the Union-level 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 experience and qualification, gender balance as well as transparency. 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  23

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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. 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.

(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 recognised Union sectoral social partners representing sectors particularly concerned by labour mobility issues, notably those organisations that participate in the Committee of Experts on Posting of Workers and the European Platform to enhance cooperation in tackling undeclared work. The Union level social partners should involve national employers’ organisations and trade unions in a regular dialogue in accordance with national law and practice. The Stakeholder Group should receive prior briefing and be able to submit their opinions to the Authority, upon request or on their own initiative, and the members should be regularly consulted. 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  24

Proposal for a regulation

Recital 27a (new)

Text proposed by the Commission

Amendment

 

(27a)  The seat of the Authority should be decided by the ordinary legislative procedure on the basis of objective and substantive criteria. The European Parliament should be involved systematically and on equal terms with the Commission and the Council in defining and weighting such criteria.

Amendment    25

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  Within the framework of their respective competences, the Authority should cooperate 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).

(30)  Within the framework of their respective competences, the Authority should cooperate 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). Such cooperation should ensure coordination, promote synergies and avoid duplication in their activities.

Amendment  26

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31)  In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist.

(31)  In order to bring an operational dimension to the activities of existing bodies in the area of labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011 and the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68. With the establishment of the Authority, those bodies should cease to exist.

__________________

__________________

68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26).

68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26).

69 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    27

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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

Amendment    28

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(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.

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

Amendment    29

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35)  Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, and to the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action.

(35)  Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, to the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action, and to the diversity of national inspection systems and bodies, in particular with respect to the competences, obligations and responsibilities of the entities involved.

Amendment  30

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(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 cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities 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.

(36)  Since the objective of this Regulation to contribute to strengthening fairness in the internal market, in particular by improving the application and enforcement of Union law in the area of labour mobility, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities 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 that objective.

Amendment    31

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. The Authority shall assist Member States and the Commission in matters relating to the application and enforcement of Union law in the area of labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, as well as the coordination of social security systems within the Union.

Amendment  32

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the rights covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.

Amendment  33

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

Article 2

Objectives

Objectives

The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internal market. To that end, the Authority shall:

The objective of the Authority shall be to contribute to ensuring fair labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, as well as to the coordination of social security systems within the Union. To that end, the Authority shall:

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

(a)  facilitate access to information on rights and obligations regarding labour mobility as well as to relevant services;

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

(b)  facilitate and enhance cooperation between Member States in the consistent, efficient and effective application and enforcement of relevant Union law in situations involving more than one Member State, including facilitating concerted and joint inspections;

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

(c)  mediate and facilitate a solution in cases of disputes between Member States concerning labour mobility issues if agreed upon by all Member States concerned, including by means of conciliation.

Amendment    34

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

Article 5

Tasks of the Authority

Tasks of the Authority

In order to achieve its objectives, the Authority shall carry out the following tasks:

In order to achieve its objectives, the Authority shall carry out the following tasks:

(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;

(a) facilitate access to information in accordance with Article 6;

(b)  facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant Union law, in accordance with Article 8;

(b)  facilitate cooperation and the exchange of information between national authorities and, where applicable, other competent entities at national level, with a view to the consistent, efficient and effective application and enforcement of relevant Union law, in accordance with Article 8;

(c)  coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;

(c)  suggest, coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;

(d)  carry out analyses and risk assessments on issues of cross-border labour mobility, in accordance with Article 11;

(d)  initiate and carry out analyses and risk assessments on issues and obstacles regarding labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, and issue opinions and recommendations to the Commission on follow-up mesasures and operational actions in accordance with Article 11;

(e)  support Member States with capacity-building regarding the effective enforcement of relevant Union law, in accordance with Article 12;

(e)  issue guidelines and opinions to the Commission on relevant Union law and support Member States with capacity-building regarding the effective application and enforcement of relevant Union law, in accordance with Article 12;

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

(f)  support Member States and mediate in disputes between Member States' authorities, on the application of relevant Union law, if agreed upon by all Member States concerned, including by means of conciliation in accordance with Article 13, without prejudice to the powers of the Court of Justice of the European Union.

(g)  facilitate cooperation between relevant stakeholders in the event of cross-border labour market disruptions, in accordance with Article 14.

 

Amendment    35

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Article 6

Article 6

Information on cross-border labour mobility

Information on labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market

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:

The Authority shall improve the availability, quality and accessibility of information offered to individuals, employers and social partner organisations to facilitate labour mobility across the Union, To that end, the Authority shall:

(a)  provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations;

(a)  provide a single Union-wide website in all official languages of the Union acting as a single portal for the purpose of accessing all relevant Union and national information sources and services on labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, including references to the single national websites established in accordance with Article 5 of Directive 2014/67/EU and Article 6 of Directive 2014/54/EU, as well as references to official websites at national level, which provide information about social security systems;

(b)  promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;

 

(c)  provide relevant information to 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;

(d)  support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers, in particular as laid down in Article 6 of Directive 2014/54/EU, in Article 22 of Regulation 2016/589/EU, in Article 76 of Regulation 2004/883/EU and in Article 5 of Directive 2014/67/EU;

(e)  support Member States in improving the accuracy, completeness and user-friendliness of relevant national information services, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256];

(e)  support Member States in improving the accuracy, completeness and user-friendliness of relevant national information services and sources, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway];

(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.

(f)  support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility, while fully respecting Member States’ competences.

 

(fa)  facilitate cooperation between the competent national authorities designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers in the area of labour mobility within the internal market, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare.

Amendment    36

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Access to cross-border labour mobility services

 

1.  The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:

 

(a)  promote the development of initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes;

 

(b)  enable the cross-border matching of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES;

 

(c)  cooperate with other Union 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 overcome cross-border obstacles to labour mobility;

 

(d)  facilitate cooperation between 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.  The Authority shall manage the 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.

 

Amendment    37

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.

The Authority shall facilitate and enhance cooperation and exchange of information between Member States and support their effective compliance with cooperation obligations, as defined in Union law within the scope of the Authority’s competences.

Amendment    38

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

To that end, the Authority shall, upon request of national authorities, and in order to speed up exchanges between them, in particular:

To that end, the Authority shall, in particular:

Amendment    39

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission

Amendment

(b)  facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;

(b)  facilitate the follow-up to reasoned requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases without prejudice to ongoing legal proceedings;

Amendment    40

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point c

Text proposed by the Commission

Amendment

(c)  promote and share best practices;

(c)  promote, share and contribute to disseminating best practices between Member States;

Amendment    41

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(d)  facilitate cross-border enforcement procedures of penalties and fines;

(d)  facilitate and support cross-border enforcement procedures of penalties and fines if requested by one of the Member States concerned;

Amendment    42

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point e

Text proposed by the Commission

Amendment

(e)  report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.

(e)  report to the Commission on a quarterly basis about unresolved requests between Member States, and , if agreed upon by all Member States concerned,, refer those to conciliation in accordance with Article 13.

Amendment    43

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers in the area of labour mobility within the internal market, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare.

Amendment    44

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  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    45

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The Authority shall establish close cooperation with the Administrative Commission for the Coordination of Social Security Systems, with the Advisory Committee on Free Movement of Workers and with the European Platform to enhance Cooperation in Tackling Undeclared Work.

Amendment    46

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.

3.  The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system, in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).

Amendment    47

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

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, providing reports to the Commission with a view to their further development.

4.  The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, such as the European Platform to enhance Cooperation in Tackling Undeclared Work, and promote the use and the development of electronic exchange mechanisms and databases between the Member States to facilitate the access to data in real time and detection of fraud, and may suggest possible improvements of the use of these mechanisms and databases. The Authority shall provide reports to the Commission with a view to their further development.

Amendment    48

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Article 9

Article 9

Coordination of concerted and joint inspections

Coordination of concerted and joint inspections

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 inspection.

1.  At the request of one or more Member States, the Authority shall coordinate and support concerted or joint inspections in the areas under the scope of the Authority’s competences, based on an agreement between all Member States concerned and the Authority. The Authority may also, on its own initiative, suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. Social partner organisations at national level may bring cases to the attention of the Authority.

2.  Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, 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.

2.  Pursuant to the principle of sincere cooperation, Member States shall, when requested, aim to reach an agreement to participate in concerted or joint inspections. Where a Member State considers that there are valid reasons for not agreeing to participate it shall, within 1 month of the request referred to in paragraph 1, provide the Authority with reasons for its decision, submit any additional information on the nature of the issue in question to the Authority, and suggest a possible resolution of the case under consideration.

 

2a.  Within 2 months of receipt of the information referred to in paragraph 2, the Authority shall submit a reasoned opinion to the Member States concerned, setting out its recommendations for resolving the case under consideration in one or more of the following ways:

 

(a)  on the basis of the information referred to in paragraph 2;

 

(b)  by means of a concerted or joint inspection in the other participating Member States;

 

(c)  where all the Member States concerned agree, by means of a concerted or joint inspection.

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.

3.  The Authority may request any Member State not participating in a concerted or joint inspection to carry out its own inspection on a voluntary basis, for the purpose of detecting possible irregularities and, within 3 months of the date of the Authority’s request, to report its findings to the Authority.

 

3a.  Member States and the Authority shall keep information about envisaged inspections confidential with regard to third parties.

Amendment    49

Proposal for a regulation

Article 10 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  Concerted and joint inspections shall be in line with ILO Convention number 81.

Amendment    50

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  An agreement for setting up a joint inspection ('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 a model agreement.

1.  An agreement for setting up a concerted inspection (“the concerted inspection agreement”) or a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the terms and conditions for carrying out such an exercise, including the scope and purpose of the inspection and, where relevant, any arrangements on the participation of the staff of the Authority in the inspection. The concerted or joint inspection agreement may include provisions which enable concerted or joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement in accordance with Union law, as well as national law and practice.

Amendment    51

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2.  Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned.

2.  Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law and practice of the Member States in which the inspections take place.

Amendment    52

Proposal for a regulation

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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.

Amendment    53

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

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.

3. The Authority shall provide strategic, logistical and technical support and legal guidance, if requested by the Member States concerned, including translation and interpretation services, to Member States carrying out concerted or joint inspections

Amendment    54

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. Staff of the Authority may attend as an observer and provide logistic support, and 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    55

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

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.

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 within six months of the date of the inspection.

Amendment    56

Proposal for a regulation

Article 10 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a  Member States shall ensure that the information collected during concerted or joint inspections may be used as evidence in legal proceedings in the Member States concerned.

Amendment    57

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6.  Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.

6.  Information on concerted and joint inspections coordinated by the Authority, as well as information provided by Member States and by the Authority as referred to in Article 9(2) and (3) shall be included in biannual reports to be submitted to the Management Board and to the Stakeholder Group. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. If the evidence obtained in the course of a joint or concerted inspection is used in legal proceedings resulting in the imposition of a criminal or administrative penalty in a Member State, that Member State shall inform the Authority. The Authority shall include that information in its activity report.

Amendment    58

Proposal for a regulation

Article 10 – paragraph 7

Text proposed by the Commission

Amendment

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

7.  In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, it shall report those to the Commission and authorities in the Member State concerned, where appropriate.

Amendment    59

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, 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.

1.  The Authority shall, in cooperation with the Member States and the social partner organisations, assess risks and carry out analyses regarding sector-specific challenges and recurring problems concerning labour mobility in the framework of freedom of movement for workers and the freedom to provide services in the internal market, as well as concerning the coordination of social security systems within the Union, including the portability of occupational pensions. Such analyses and assessments shall also take into account the impacts and consequences of labour market imbalances. For that purpose, the Authority shall also draw on the expertise of other Union agencies or services, including in the areas of fraud, exploitation, discrimination, skills forecasting and health and safety at work. Upon a request by the Commission, a Member State, the responsible committee of the European Parliament, or on its own initiative, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.

Amendment    60

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

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.

3.  Where necessary in order to achieve the objectives of this Regulation, the Authority shall include this information in its annual reports to the Commission and the European Parliament and report its findings directly to the Member States concerned in accordance with applicable data protection rules, outlining possible measures to address identified weaknesses.

Amendment    61

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  develop common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

(a)  develop common guidelines for use by Member States and social partners, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

Amendment    62

Proposal for a regulation

Article 12 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  develop Union-wide -training programmes for inspectorates that address challenges such as bogus self-employment and abuses of posting;

Amendment    63

Proposal for a regulation

Article 12 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  support exchanges of good practices with regard to the coordination of social security systems, and secondment of staff between national authorities in order to simplify exchanges of experience;

Amendment    64

Proposal for a regulation

Article 12 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

 

(eb)  improve the knowledge and mutual understanding of the different national systems and practices related to free movement of persons, within the scope of this Regulation and access to adequate social protection and the methods and legal framework for action.

Amendment    65

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

Article 13

Mediation between Member States

Conciliation between Member States

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 role.

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 conciliation role, without impinging on the powers of the Court of Justice of the European Union.

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 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 dispute.

2.  Upon the request of one or more Member States concerned by a dispute which cannot be solved by direct contacts and dialogue between them, the Authority shall launch a conciliation procedure before its Conciliation Board set up for this purpose in accordance with Article 17(2) based upon an agreement by all Member States involved. In the case of a conciliation procedure, the Member States shall actively participate in the mentioned procedure and shall make available any information that is relevant or that has been requested. The parties concerned by the conciliation shall be kept informed by the Member States and may upon their request be consulted and involved.

 

2a.  The Authority may also launch a conciliation procedure on its own initiative before the Conciliation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. Where a Member State concerned decides not to participate in the conciliation procedure, it shall inform the Authority and the other Member States concerned of the reasons of its decision.

 

2b.  The Authority shall, on the date of the launch of the conciliation procedure as referred to in paragraphs 2 and 2a, set a time limit for its completion.

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.

3.  When presenting a case for conciliation by the Authority, Member States shall ensure that all personal data related to that case is anonymised in such a manner that the data subject is not or no longer identifiable and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the conciliation procedure.

 

Personal data shall be kept only for as long as they are necessary for the purposes for which they are processed.

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

4.  Cases in which there are ongoing court proceedings or investigations at national or Union level relating to the dispute concerned shall not be admissible for conciliation by the Authority.

 

4a.  The Conciliation Board shall endeavour to reconcile the points of view of the Member States concerned and shall submit its opinion within six months of the launch of the conciliation procedure as referred to in paragraph 2 or 2a.

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.

5.  Within three months of the submission of the opinion by the Conciliation Board, 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.

6.  The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.

6.  The Authority shall report to the Commission on a biannual basis about the outcomes of the conciliation cases it handles.

 

6a.  The conciliation competence of the Authority shall be without prejudice to the competence of the Administrative Commission on the basis of Article 5(4) and Article 6(3) of 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.

Amendment    66

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

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.

 

Amendment    67

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate.

The Authority shall, where appropriate, establish cooperation arrangements with other decentralised Union agencies, such as Cedefop, Eurofound, EU-OSHA, ETF, Europol and Eurojust, in order to ensure coordination, promote synergies and avoid duplication or conflicts in their activities.

Amendment    68

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2.  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.

2.  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 Conciliation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation. Member States may nominate representatives to all working groups and expert panels.

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

The rules of procedure of such working groups and panels shall be set out by the Authority following consultation of the Commission.

Amendment    69

Proposal for a regulation

Article 17 – paragraph 2a (new)

Text proposed by the Commission

Amendment

 

2a.  The principle of equality is a fundamental principle of Union law. It requires that equality between women and men must be ensured in all areas, including employment, work and pay. All parties shall aim to achieve a balanced representation between men and women on the Management Board and Stakeholder Group. That aim shall also be pursued by the Management Board with regard to its Chairperson and Deputy Chairperson.

Amendment    70

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Management Board shall be composed of one senior representative from each Member State and two representatives of the Commission, all of whom have voting rights.

1.  The Management Board shall be composed of:

 

(a)  one senior representative from each Member State;

 

(b)  two representatives of the Commission;

 

(c)  six representatives of the Union-level social partners, equally representing employers’ organisations and trade unions;

 

(d)  three independent experts appointed by the European Parliament.

 

All members referred to in points (a) to (c) shall have voting rights.

Amendment    71

Proposal for a regulation

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3.  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 managerial, administrative and budgetary skills.

3.  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), as well as of relevant managerial, administrative and budgetary skills.

The Commission shall appoint the members who are to represent it.

The Commission shall appoint the members who are to represent it, the Union-level social partners shall appoint the members referred to in point (c) of paragraph 1, and the responsible committee of the European Parliament shall appoint the independent experts referred to in point (d) of paragraph 1, after verifying that there is no conflict of interest.

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

All parties represented in the Management Board shall make efforts to limit the turnover of their representatives in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.

Amendment    72

Proposal for a regulation

Article 18 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  Each member and alternate member of the Management Board shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard.

 

The members of the Management Board shall ensure that the general interests of the Union and of the Authority are upheld.

Amendment    73

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4.  The term of office for members and their alternates shall be four years. That term shall be extendable.

4.  The term of office for members and their alternates shall be four years. That term shall be renewable.

Amendment    74

Proposal for a regulation

Article 18 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  A representative of Eurofound, a representative of EU-OSHA, a representative of Cedefop and a representative of the European Training Foundation shall have the right to participate as observers at the meetings of the Management Board in order to enhance the efficiency of the agencies and the synergies between them.

Amendment    75

Proposal for a regulation

Article 18 – paragraph 5 b (new)

Text proposed by the Commission

Amendment

 

5b.  Members of the Stakeholder Group may attend all meetings of the Management Board as observers.

Amendment    76

Proposal for a regulation

Article 19 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), and shall publish annually on its website the declaration of interests of the Management Board members;

(f)  adopt rules, including measures for detecting potential risks at an early stage, for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), as well as for seconded national experts, and shall publish annually on the Authority's website their declarations of interests and updates;

Amendment    77

Proposal for a regulation

Article 19 – paragraph 1 – point p a (new)

Text proposed by the Commission

Amendment

 

(pa)  respond to the assessment by the Executive Director on the opinions and the advice of the Stakeholder Group;

Amendment    78

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2.  The term of office of the Chairperson and the Deputy Chairperson shall be four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

2.  The term of office of the Chairperson and the Deputy Chairperson shall be two years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

Amendment  79

Proposal for a regulation

Article 23

Text proposed by the Commission

Amendment

Article 23

Article 23

Responsibilities of the Executive Directive

Responsibilities of the Executive Directive

1.  The Executive Director shall manage the Authority. The Executive Director shall be accountable to the Management Board

1.  The Executive Director shall manage the Authority and shall aim to achieve a gender balance within the Authority. The Executive Director shall be accountable to the Management Board.

2.  The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.

2.  The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.

3.  The Executive Director shall be the legal representative of the Authority.

3.  The Executive Director shall be the legal representative of the Authority.

4.  The Executive Director shall be responsible for the implementation of the tasks assigned to the Authority by this Regulation. In particular, the Executive Director shall be responsible for:

4.  The Executive Director shall be responsible for the implementation of the tasks assigned to the Authority by this Regulation. In particular, the Executive Director shall be responsible for:

(a)  the day-to-day administration of the Authority;

(a)  the day-to-day administration of the Authority;

(b)  implementing decisions adopted by the Management Board;

(b)  implementing decisions adopted by the Management Board;

(c)  preparing the draft single programming document and submitting it to the Management Board for approval;

(c)  preparing the draft single programming document and submitting it to the Management Board for approval;

(d)  implementing the single programming document and reporting to the Management Board on its implementation;

(d)  implementing the single programming document and reporting to the Management Board on its implementation;

(e)  preparing the consolidated annual report on the Authority's activities and presenting it to the Management Board for assessment and adoption;

(e)  preparing the consolidated annual report on the Authority's activities and presenting it to the Management Board for assessment and adoption;

(f)  preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;

(f)  preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;

(g)  protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial penalties;

(g)  protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial penalties;

(h)  preparing an anti-fraud strategy for the Authority and presenting it to the Management Board for approval;

(h)  preparing an anti-fraud strategy for the Authority and presenting it to the Management Board for approval;

(i)  preparing the financial rules applicable to the Authority and presenting them to the Management Board;

(i)  preparing the draft financial rules applicable to the Authority and presenting them to the Management Board;

(j)  preparing the Authority's draft statement of estimates of revenue and expenditure and implementing its budget;

(j)  preparing the Authority's draft statement of estimates of revenue and expenditure and implementing its budget as part of the Agency’s single programming document;

 

(ja)  in accordance with the decision referred to in Article 19(2), taking decisions with regard to the management of human resources;

 

(jb)  taking decisions with regard to the Authority’s internal structures including, where necessary, deputising functions which may cover the day-to-day management of the Authority and, where necessary, their amendment, taking into account the needs relating to the Authority’s activities and sound budgetary management;

 

(jc)  cooperating with other Union agencies, and concluding cooperation agreements with them;

(k)  implementing measures established by the Management Board to comply with obligations on data protection imposed by Regulation (EC) No 45/2001.

(k)  implementing measures established by the Management Board in accordance with Regulation (EC) No 45/2001.

 

(ka)  assessing the submissions from the Stakeholder Group and submitting that assessment to the Management Board, in particular stating if this has influenced the draft single programming document;

5.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.

5.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, as well as to establish a liaison office in Brussels to further the Agency's cooperation with the relevant Union institutions and bodies. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.

Amendment  80

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Stakeholder Group may, in particular, submit opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation.

2.  The Stakeholder Group shall receive prior briefing and may:

 

(a)  monitor the implementation of the strategy and make recommendations for more effective functioning of the Authority;

 

(b)  upon request by the Authority or on its own initiative, submit opinions and advice to the Authority for the cross-border labour mobility analyses and risk assessments, as referred to in Article 11;

 

(c)  upon request by the Authority or on its own initiative, submit opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation;

 

(d)  give an opinion on the draft consolidated annual activity report on the Authority's activities, as referred to in Article 19, before its submission;

 

(e)  give an opinion on the Authority’s draft single programming document referred to in Article 25 before its submission to the Commission for its opinion;

 

(f)  be consulted with regard to the evaluations of the Executive Director, as referred to in Article 32.

Amendment  81

Proposal for a regulation

Article 24 – paragraph 3

Text proposed by the Commission

Amendment

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.

3.  The Stakeholder Group shall elect a Chair among its members and shall meet at least twice a year at regular intervals and where necessary at the request of the Commission or of a majority of its members.

Amendment  82

Proposal for a regulation

Article 24 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Stakeholder Group shall be composed of six representatives of Union-level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission.

4.  The Stakeholder Group shall be composed of two representatives of the Commission and ten representatives of Union-level social partners equally representing trade unions and employer’s organisations, including recognised Union sectoral social partners representing sectors particularly concerned by labour mobility issues.

Amendment    83

Proposal for a regulation

Article 24 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a.  The Stakeholder Group may invite experts or relevant international organisations to its meetings.

Amendment    84

Proposal for a regulation

Article 24 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Authority shall make public the opinions and advice of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.

7.  The Authority shall make public the opinions, advice and recommendations of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.

Amendment    85

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

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.

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).

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    86

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1.  Each year, the Executive Director shall draw up a provisional draft estimate of the Authority's revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

1.  Each year, the Executive Director shall draw up a provisional draft estimate of the Authority's revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board. Where new tasks are conferred upon the Authority by Union institutions or Union legislation, this shall be taken into account in the resource and financial programming.

Amendment    87

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme referred to in Article 25(3) and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting.

Amendment    88

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall send the draft estimate to the budgetary authority together with the draft general budget of the Union.

4.  The Commission shall send the draft estimate to the budgetary authority together with the draft general budget of the Union, clearly indicating the Authorities' budget line. The Commission shall also inform the European Parliament of the draft estimate.

Justification

With increasingly stringent timelines, the procedural work of other institutions would be improved, if budgetary estimates were communicated at this earlier stage.

Amendment    89

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The principle of sound financial management shall apply in all circumstances.

Amendment    90

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

The financial rules applicable to the Authority shall be adopted by the Management Board after consulting the Commission. They shall not depart from Delegated Regulation (EU) 1271/2013 unless such a departure is specifically required for the Authority's operation and the Commission has given its prior consent.

The financial rules applicable to the Authority shall be adopted by the Management Board after consulting the Commission. They shall not depart from Delegated Regulation (EU) 1271/2013 unless such a departure is specifically required for the Authority's operation and the Commission has given its prior consent. Every effort shall be made for the application of the rules to be proportionate to the size and budget of the Authority so as not to impose excessive burdens, while still maintaining sound practice.

Amendment  91

Proposal for a regulation

Article 32

Text proposed by the Commission

Amendment

Article 32

Article 32

Executive Director

Executive Director

1.  The Executive Director shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.

1.  The Executive Director shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.

2.  The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

2.  The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure which guarantees a rigorous assessment of the candidates and a high degree of independence. Before his or her appointment, the selected candidate shall be invited to make a statement before the responsible committee of the European Parliament and to answer questions from the Members of Parliament. This exchange of views shall not unduly delay the appointment.

3.  For the purpose of concluding the contract with the Executive Director, the Authority shall be represented by the Chairperson of the Management Board.

3.  For the purpose of concluding the contract with the Executive Director, the Authority shall be represented by the Chairperson of the Management Board.

4.  The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.

4.  The term of office of the Executive Director shall be five years. By six months before the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.

5.  The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once, for no more than five years.

5.  The Management Board, acting on its own initiative or on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once, for no more than five years, or may request the Commission to initiate the process of selecting a new Executive Director.

6.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulative period.

6.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

7.  The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.

7.  The Executive Director may be removed from office only upon a decision of the Management Board acting on its own initiative or on a proposal from the Commission, on the basis of a reasoned assessment of his or her performance as an Executive Director.

8. The Management Board shall reach decisions on the appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members entitled to vote.

8. The Management Board shall reach decisions on the appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members entitled to vote.

Amendment    92

Proposal for a regulation

Article 33 – paragraph 3

Text proposed by the Commission

Amendment

3.  National Liaison Officers shall have competence under their Member States’ national law to request information from the authorities concerned.

3.  National Liaison Officers shall have competence under their Member States’ national law to request and receive all relevant information from the authorities concerned.

Amendment  93

Proposal for a regulation

Article 36

Text proposed by the Commission

Amendment

Article 36

Article 36

Language arrangements

Language arrangements

1.  The provisions laid down in Council Regulation No 11 shall apply to the Authority.

1.  The provisions laid down in Council Regulation No 11 shall apply to the Authority.

2.  The translation services required for the functioning of the Authority shall be provided by the Translation Centre of the Bodies of the European Union.

2.  The translation services required for the functioning of the Authority shall be provided by the Translation Centre of the bodies of the European Union or, where duly justified, by other translation services.

__________________

__________________

1 Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).

1 Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).

Amendment  94

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

1.  No later than five years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.

1.  No later than four years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.

Amendment    95

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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.

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, as well as with international organisations working on areas that fall within the scope of the Authority.

Amendment    96

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

To that end, the Authority may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries. Those arrangements shall not create legal obligations incumbent on the Union and its Member States.

To that end, the Authority may, subject to prior approval by the Commission and the Management Board, establish working arrangements with the authorities of third countries. Those arrangements shall not create legal obligations incumbent on the Union and its Member States.

Justification

Such an important decision, impacting the overall activity of the Authority may not be decided solely by the Commission. Authorisation must be given by the Member States, as well.

Amendment  97

Proposal for a regulation

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1.  The necessary arrangements concerning the accommodation to be provided for the Authority in the host Member State, together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Authority staff and members of their families, shall be laid down in a Headquarters agreement between the Authority and the Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than two years after the entry into force of this Regulation.

1.  The necessary arrangements concerning the accommodation to be provided for the Authority in the host Member State, together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Authority staff and members of their families, shall be laid down in a Headquarters agreement between the Authority and the Member State where the seat is located, to be concluded after obtaining the approval of the Management Board and no later than two years after the entry into force of this Regulation.

Amendment    98

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

[...]

deleted

Amendment    99

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Amendment  100

Proposal for a regulation

Article 49

Text proposed by the Commission

Amendment

[...]

deleted

Amendment  101

Proposal for a regulation

Article 49 a (new)

Text proposed by the Commission

Amendment

 

Article 49a

 

Amendments to Decision (EU) 2016/344

 

Decision (EU) 2016/344 is amended as follows:

 

(1)  in Article 2, paragraph 1, the following point (ca) is added:

 

“(ca)  the Executive Director of the European Labour Authority.”;

 

(2)  in Article 8, paragraph 1, subparagraph 3 is replaced by the following:

 

“The Bureau shall prepare and organise the work of the Platform in conjunction with a Secretariat, which shall function as a secretariat to the Platform, including the Bureau and working groups. The Secretariat shall be provided by the European Labour Authority.”;

 

(3)  Article 9 is replaced by the following:

 

“Article 9

 

Cooperation

 

1.  The Platform shall cooperate effectively and shall avoid duplication of work with other relevant expert groups and committees at Union level whose work has a link with undeclared work, in particular, the Senior Labour Inspectors Committee, the Administrative Commission for Social Security Coordination, the Public Employment Services Network, the Employment Committee (EMCO), the Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Direct Taxation. The Platform shall invite the representatives of those groups and committees to attend its meetings as observers where appropriate. In the interest of more efficient working and enhanced impact, joint meetings may also be organised.

 

2.  The Platform shall establish appropriate cooperation with the European Labour Authority, Eurofound and EU-OSHA.”.

Amendment  102

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

Decision 2009/17/EC and Decision (EU) 2016/344 are repealed.

Decision 2009/17/EC is repealed.

Amendment  103

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

References to Decision 2009/17/EC and Decision (EU) 2016/344 shall be construed as references to this Regulation.

References to Decision 2009/17/EC shall be construed as references to this Regulation.


EXPLANATORY STATEMENT

The general objective of this regulation is to establish a European Labour Authority to help strengthen fairness and trust in the Single Market. The Authority should support the Member States in ensuring effective application of the Union law in the areas of labour mobility and coordination of social security. The proposal comes as a next concrete step to further deliver on the European Pillar of Social Rights.

The rapporteur strongly supports this initiative. According to the European citizens, the freedom to live, work, study and do business anywhere in the EU is the most cherished achievement of the EU. At the same time, Europeans greatly value fairness, social protection and inclusion. Therefore, the EU must deliver on both objectives, and ensure that free mobility also means fair mobility, that workers’ rights are guaranteed and protected throughout the EU, that unfair competition between workers and companies is prevented and that social fraud and the abuse of free movement are tackled.

To achieve this, we firstly need clear, fair and strict rules. This has been an absolute priority in recent years and a lot has been achieved, in particular with regard to the posting of workers directive, the enforcement directive and the platform tackling undeclared work. At the moment, work is still ongoing on the important proposals on the (transport) mobility package and the coordination of social security systems. Improved rules are necessary to ensure a fair labour market. Yet rules are not worth the paper they are printed on if they are not properly enforced. As Europeans become increasingly mobile, with over 17 million citizens working or living in a member state other than that of their nationality, the cross-border dimension of enforcement needs to be strengthened.

In his State of the Union Address 2017, European Commission President Jean-Claude Juncker announced his plans for a European Labour Authority to ensure that EU rules on labour mobility are enforced in a fair, simple and effective way. In his words, “It is absurd to have a Banking Authority to police banking standards, but no common Labour Authority for ensuring fairness in our single market.”

In the rapporteur´s opinion there is need for an Authority that has an operational mandate, a clear focus on enforcement and sufficient competences and power to achieve its goals.

Two specific issues are of major importance. First, the need for an Authority with a clear-defined role and a limited number of tasks. It is crucial that the means available are used as efficiently as possible in areas where the Authority can provide the greatest added value. This added value of the Authority should be mostly in the field of enforcement. Therefore, the rapporteur has doubts about the necessity and desirability of bringing other tasks such as information provision or employment services within the scope of the Authority. It goes without saying that improving access to information by individuals and employers, in particular SMEs, about their rights and obligations in the areas of labour mobility, free movement of services and social security coordination is crucial in order to tap the full potential of the internal market. For reasons of efficiency and effectiveness, however, such provision of reliable, up-to-date and easy accessible information should not be within the scope of the Authority, but rather at national or regional level, where also specific bilateral arrangements between Member States, for instance in the field of fiscal coordination, can be taken fully into consideration. To that end, the Commission should explore the possibility of creating or facilitating helpdesks or one-stop-shops for companies and workers in cross-border situations, while the Authority should stick to its main task: strengthening the enforcement of the EU law and support the Member States to this end.

Second, the Authority must have the means to make an actual difference in practice. It should not become a toothless tiger; the voluntary nature of Member states’ authorities participation - as proposed by the Commission - is not enough to achieve this. The rapporteur has tabled this report with the aim to strike the right balance between the competences of the Member States and the principle of subsidiarity on the one hand, and the desire for an agency at EU level with genuine capacity to improve enforcement of rules throughout the EU on the other. That means that Member States authorities should participate in proposed concerted or cross-border inspections, and can only decline to participate in exceptional and duly justified situations.

The European Labour Authority should be an efficient answer to concerns regarding the compliance with and effective and efficient enforcement of EU rules, which risks jeopardising trust and fairness in the internal market. It is therefore crucial to improve the cross-border enforcement of Union law in the area of labour mobility and to tackle abuse in order to protect the rights of mobile workers, to ensure that companies, in particular SMEs can compete on an equal playing field and to maintain support from the citizens for the internal market and the four freedoms, so that bona fide companies and workers can enjoy their rights and make use of the opportunities of the internal market to the fullest extent.


MINORITY OPINION

Joëlle Mélin

EUROPEAN LABOUR AUTHORITY

The French delegation in the Group of Nations and Freedom distances itself from the work carried out on this report, for a number of reasons:

- This new text is intended to make up for the inadequacy or inability in a number of areas, which the Commission acknowledges in its explanatory statement, by bringing them together to make them more efficient.

- However, the centralisation of failed tools can no more achieve the objectives that the Agency has set itself than was possible when those tools were independent.

- Consequently, the current text would quickly prove to be inadequate.

- Furthermore, in the form proposed, the Agency would not have the resources to tackle the major challenges it purports to address.


OPINION of the Committee on Budgets (21.9.2018)

for the Committee on Employment and Social Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

Rapporteur for opinion: Jens Geier

SHORT JUSTIFICATION

The Rapporteur welcomes the Commission’s proposal for a European Labour Authority and considers it an important step in achieving the Pillar of Social Rights. While the Commission proposal is a good starting point, the Rapporteur proposes to equip the Authority with more powers in order to successfully implement its role and to be a useful addition to the existing structures.

As a new priority, the Authority should be financed exclusively by fresh resources and not to the detriment of existing programmes. The Commission proposed to finance 70% of the budget of the authority by redeployments from the EU Programme for Employment and Social Innovation (EaSI) under the current MFF. While the authority has indeed similar tasks, the first years of the Authority will be dedicated to building up the organisation. Operational spending on social affairs should not be impeded and consequently, the financial resources for the authority need to be financed by fresh money.

When deciding the seat, the Rapporteur refers at the recommendations agreed by all Union institutions to apply an efficiency oriented and cost-saving approach. He believes that it in order to do so it is vital that Union institutions decide the specific location of the agency rather than just the Member State.

The Rapporteur proposes to mirror the governance structure of the existing agencies in the field of employment and social affairs, i.e. continuing the tripartite governance structure. In order to ensure consistency and to avoid overlapping of tasks, special attention should be put on areas of potential synergies and overlapping tasks among Eurofound, Cedefop, ETF, EU-OSHA and the Authority.

Finally, further amendments aim to continue long-standing positions of the Committee on Budgets, such as the representation of the Parliament in the Management Board and enhanced flexibility when it comes to translation services.

AMENDMENTS

The Committee on Budgets calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  The Agency should proactively contribute to national and Union efforts while carrying out its tasks in full cooperation with Union institutions, bodies, offices and agencies, and Member States, avoiding any duplication of work, promoting synergy and complementarity and thus achieving coordination and fiscal savings.

Amendment    2

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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 close collaboration with Eurofound on labour market analyses and 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.

Amendment    3

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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. 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.

(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 should be prepared in accordance with the principle of performance-based budgeting, taking into account the Authority's objectives and the expected results of its tasks. 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. The contribution from the Union budget should not be to the detriment of other Union programmes.

Justification

Given that the first years of the operation of the Authority will be dedicated to building up, the operational activity of existing programmes such as EURES should not be endangered.

Amendment    4

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)  The Authority’s host Member State should provide the best possible conditions to ensure the proper functioning of the Authority.

(28)  The Authority’s host Member State should provide the best possible conditions to ensure the proper functioning of the Authority. The Authority should cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same Member State, in order to achieve financial savings.

Amendment    5

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

 

(28a)  When deciding on the location of the seat of the Authority, the prerogatives of both Parliament and Council as Union legislator should be fully respected and the recommendations of Inter-Institutional Working Group on decentralised agencies’ resources should be taken into account. In line with recent procedures for the location of a Union agency, the Union institutions should not only agree on the Member State where the agency is to have its seat, but also on the specific location within that Member State.

Justification

Lo scopo è quello di evitare quanto successo in occasione della nuova ubicazione della sede dell'Agenzia Europea per i Medicinali, dove la procedura di assegnazione prevedeva la decisione mediante sorteggio - tra le offerte in situazione di parità - al termine della terza tornata di voto. In aggiunta, il Parlamento europeo non è stato coinvolto nel processo decisionale, nonostante le sue prerogative di co-legislatore e di primo garante del rispetto del principio democratico nell'Unione. La decisione, infatti, è stata presa a margine del Consiglio "Affari generali" e il Parlamento è stato meramente chiamato a confermarne la scelta mediante la procedura legislativa ordinaria.

Amendment    6

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  Within the framework of their respective competences, the Authority should cooperate 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).

(30)  Within the framework of their respective competences, the Authority should cooperate 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 and avoiding duplication and thus achieving financial savings: 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).

Justification

In line with the Common Approach, the agencies related to the field of employment and labour market shall make an efficient use of the limited resources available by seeking synergies and avoiding overlaps in their respective activities.

Amendment    7

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

(a)  facilitate access to information by individuals and social partners 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;

Amendment    8

Proposal for a regulation

Article 5 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga)  promote cooperation and coordination at Union level among Member States, Union institutions, agencies and bodies in order to achieve fiscal savings, avoid duplication of work and promote synergy and complementarity as regards their activities.

Amendment    9

Proposal for a regulation

Article 5 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga)  monitor Member States’ voluntary return programmes that support individuals who want to return to their countries of origin after having been engaged in cross-border labour mobility.

Amendment    10

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations;

(a)  provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations, including information on their social rights such as administrative, employment, health and housing services;

Amendment    11

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;

(c)  provide relevant information to the social partners on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;

Justification

The Authority should provide the information to both employers and employee organisations.

Amendment    12

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  in cooperation with the national authorities, support and fund advisory services for employees that are looking for or are in employment outside their country of origin.

Justification

The Authority needs to be empowered to not only inform, but also advise employees.

Amendment    13

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

Where a national authority does not respond to a request within the deadline set by the Authority, it shall provide the Authority with the reasons for not doing so.

Amendment    14

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

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.

3.  The Authority shall issue semi-annual reports on its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. These reports shall be made publicly available.

Amendment    15

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate.

The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate, in particular with Eurofound, Cedefop, EU-OSHA and the ETF, in order to achieve coordination, promote synergies and avoid duplications in their activities for the sake of cost efficiency.

Justification

In line with the Common Approach, the agencies related to the field of employment and labour market shall make an efficient use of the limited resources available by seeking synergies and avoiding overlaps in their respective activities.

Amendment    16

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Management Board shall be composed of one senior representative from each Member State and two representatives of the Commission, all of whom have voting rights.

1.  The Management Board shall be composed of one senior representative from each Member State, one member from each Member State’s employers' organisations, one member from each Member State’s employees' organisations, two representatives of the Commission and one member nominated by the European Parliament, all of whom have voting rights.

Justification

The amendment aims at mirroring the governance structure of the existing agencies with relation to the labour market and enhance the democratic scrutiny by providing for a member appointed by the European Parliament.

Amendment    17

Proposal for a regulation

Article 18 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  Four representatives, namely one from each of Eurofound, Cedefop, EU-OSHA and the ETF, may participate in the meetings of the Management Board as observers.

Justification

This amendment aims at increasing coordination between the agencies related to the field of employment and labour market.

Amendment    18

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

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.

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, as well as the recommendations of the Inter-Institutional Working Group on agencies' resources.

__________________

__________________

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).

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).

Justification

The recommendations of the Inter-Institutional Working Group on Agencies shall be duly taken into account by the Agency when drawing up its single programming document.

Amendment    19

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

 

Provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme referred to in Article 25(3) and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting.

Amendment    20

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2.  The translation services required for the functioning of the Authority shall be provided by the Translation Centre of the Bodies of the European Union.

2.  The translation services required for the functioning of the Authority shall be provided by the Translation Centre of the Bodies of the European Union or other translation service providers in accordance with the procurement rules and within the limits established by the relevant financial rules.

Justification

The proposed amendment aims at providing the Agency with some flexibility in terms of translation services.

Amendment    21

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1.  In order to facilitate the combating of fraud, corruption and other unlawful activities in accordance with Regulation (EC) No 883/2013, within six months from the day that the Authority becomes operational, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF and adopt appropriate provisions applicable to all employees of the Authority using the template set out in the Annex to that Agreement.

1.  In order to facilitate the combating of fraud, corruption and other unlawful activities in accordance with Regulation (EC) No 883/2013 from the day that the Authority becomes operational, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF and adopt appropriate provisions applicable to all employees of the Authority using the template set out in the Annex to that Agreement.

Justification

Six month buffer period not needed in this context

Amendment    22

Proposal for a regulation

Article 44 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  In order to achieve financial savings, the Authority shall cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same location. 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing a European Labour Authority

References

COM(2018)0131 – C8-0118/2018 – 2018/0064(COD)

Committee responsible

       Date announced in plenary

EMPL

16.4.2018

 

 

 

Opinion by

       Date announced in plenary

BUDG

16.4.2018

Rapporteur

       Date appointed

Jens Geier

21.3.2018

Discussed in committee

10.7.2018

 

 

 

Date adopted

25.9.2018

 

 

 

Result of final vote

+:

–:

0:

30

5

1

Members present for the final vote

Nedzhmi Ali, Jean Arthuis, Reimer Böge, Lefteris Christoforou, Gérard Deprez, André Elissen, José Manuel Fernandes, Eider Gardiazabal Rubial, Jens Geier, Monika Hohlmeier, John Howarth, Zbigniew Kuźmiuk, Siegfried Mureşan, Jan Olbrycht, Răzvan Popa, Paul Rübig, Petri Sarvamaa, Jordi Solé, Eleftherios Synadinos, Indrek Tarand, Isabelle Thomas, Inese Vaidere, Monika Vana, Daniele Viotti, Marco Zanni, Manuel dos Santos, Stanisław Żółtek

Substitutes present for the final vote

Karine Gloanec Maurin, Giovanni La Via, Ivana Maletić, Andrey Novakov

Substitutes under Rule 200(2) present for the final vote

José Blanco López, Jonathan Bullock, Isabella De Monte, Sofia Ribeiro, Ruža Tomašić

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

30

+

ALDE

Nedzhmi Ali, Jean Arthuis, Gérard Deprez

ECR

Zbigniew Kuźmiuk, Ruža Tomašić

PPE

Reimer Böge, Lefteris Christoforou, José Manuel Fernandes, Monika Hohlmeier, Giovanni La Via, Ivana Maletić, Siegfried Mureşan, Andrey Novakov, Jan Olbrycht, Sofia Ribeiro, Petri Sarvamaa, Inese Vaidere

S&D

José Blanco López, Isabella De Monte, Eider Gardiazabal Rubial, Jens Geier, Karine Gloanec Maurin, John Howarth, Răzvan Popa, Manuel dos Santos, Isabelle Thomas, Daniele Viotti

VERTS/ALE

Jordi Solé, Indrek Tarand, Monika Vana

5

-

EFDD

Jonathan Bullock

ENF

André Elissen, Marco Zanni, Stanisław Żółtek

NI

Eleftherios Synadinos

1

0

PPE

Paul Rübig

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Transport and Tourism (11.10.2018)

for the Committee on Employment and Social Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

Rapporteur for opinion: Karima Delli

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authority

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Agency

(text with relevance for the EEA and for Switzerland)

(text with relevance for the EEA and for Switzerland)

Amendment    2

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 48, Article 53(1), Article 62 and Article 91(1) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 48 thereof,

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health. Pursuant to Article 5 TEU, the exercise of Union competences is subject to rules of subsidiarity and proportionality.

Justification

It is key to ensure that the rules of proportionality and subsidiarity be respected while defining the tasks of ELA.

Amendment    4

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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.

(5)  A European Labour Agency (the ‘Agency') should be established in order to help strengthen fairness and trust and promote free movement of workers and services within the Single Market, while respecting the principles of proportionality and subsidiarity. To that effect, the Agency should support the Member States and the Commission in strengthening access to relevant and up-to-date information for workers and employers about their rights and obligations in cross-border labour mobility situations within all Member States through an ELA web portal, as well as access to relevant services, and promote 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.

Justification

The main aim of establishing European Labour Agency should be to promote the freedom of movement of workers within the Single Market. In order to achieve that it is key to strengthen the access to relevant information on cross-border mobility within all EU Member States. This could be achieved through creating an up-to-date and accessible ELA web portal.

Amendment    5

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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. 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.

(6)  The Agency should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers and services. The Agency should also enhance cooperation between Member States in tackling undeclared work and combating the establishment of letterbox companies in the road transport sector, which contributed to distorting the sector’s competitiveness. In cases where the Agency, in the course of the performance of its activities, becomes aware of suspected irregularities, it should be able to report them to the Commission and national authorities.

Amendment    6

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  In certain instances, sector-specific Union law has been adopted in order to respond to specific needs in that sector, 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 .

(8)  In certain instances, sector-specific Union law has been adopted in order to respond to specific needs in that sector, such as the area of international transport. The Agency may also, with the prior consent of the Member State concerned, 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).

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).

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).

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.

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.

Amendment    7

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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.

(9)  The individuals covered by the activities of the Agency 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, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members as provided by relevant Union legal acts regulating their movement within the Union.

Amendment    8

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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 .

(11)  To ensure they can fully benefit from fair and effective internal market, the Agency should promote opportunities for workers and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by creating accessible web portal containing up-to-date and comprehensive data on the labour laws and working conditions in all Union Member States, 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 Agency 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]

53 Regulation [Single Digital Gateway – COM(2017)256]

Amendment    9

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(12)  For these purposes, the Agency 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 competent 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 Agency 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 Agency 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).

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/

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.

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).

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).

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.

59 COM(2016) 824 final and COM(2016) 823 final.

Amendment    10

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with 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.

(13)  In view of the non-discriminatory, proportionate, fair, simple, and effective application of Union law, the Agency should support and improve cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Agency should support Member States’ compliance with 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 Agency 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. Furthermore, the Agency should encourage the use of the following systems for the exchange of information in the transport sector: (i) the European Register of Road Transport Undertakings (ERRU), established under Regulation (EC) No 1071/2009, in order to exchange information contained in national registers of transport undertakings in an effective and harmonised manner; and (ii) the Internal Market Information System (IMI), established under Regulation (EU) No 1024/2012, allowing Member States to establish administrative cooperation and exchange data and information with regard to posting declarations. In order to ensure compliance with Union law, national inspectors responsible for roadside checks should have direct, real-time access to both systems, via an electronic application common to all Member States. The Agency should promote this electronic application.

Amendment    11

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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.

(14)  To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Agency should support the national authorities in carrying out concerted and joint inspections and checks, including by facilitating the implementation of the checks and inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Agency's suggestion and always upon the agreement of the Member State concerned. The Agency 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 State concerned and take place fully within the legal framework of national law applicable on the territory of the Member State in which the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to this national law.

Justification

It is important to specify that the inspections may only take place within the framework of national law applicable on the territory of the Member State where it is being carried out.

Amendment    12

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

(15)  In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Agency should develop, in cooperation with Member States and social partners, an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The Agency should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. The Agency should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Agency 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 Agency. The Agency 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.

Amendment    13

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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.

(16)  To strengthen the capacity of national authorities and improve consistency in the application and enforcement of Union law within its scope, the Agency should provide operational and technical assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects and regular peer-reviews, 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 Agency should provide assistance in the harmonised implementation of Union law and promote the exchange,dissemination and uptake of good practices, as well as the deployment and use of common digital tools.

Amendment    14

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 purpose. 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.

(17)  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 Agency should refer such cases. The SOLVIT network should also be able to refer to the Agency 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    15

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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.

(18)  To facilitate the management of labour market adjustments, the Agency should facilitate cooperation among stakeholders and the relevant authorities 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.

Amendment    16

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  The Member States 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.

(21)  The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Agency. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience, qualification and equitable geographical representation. In view of the effective and efficient functioning of the Agency, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Agency’s budget, adopt the financial rules applicable to the Agency, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Agency by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Agency may participate in the meetings of the Management Board as observers.

Amendment    17

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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. 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.

(24)  To guarantee its full autonomy and independence, the Agency should be granted an autonomous budget, with revenue coming from the general budget of the Union and any voluntary financial contribution from the Member States participating in the work of the Agency. 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 certain services provided by the Agency at the request of interested parties.

Amendment    18

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a)  The seat of the Agency should be determined in full respect of the Joint Statement of 19 July 2012 on decentralised agencies, including the geographical balance criteria.

Justification

It is important to include this provision in order to secure legal clarity of the seat choice procedure.

Amendment    19

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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

Justification

These bodies are all related to issues falling within national competence.

Amendment    20

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

 

(37a)  The Parliament should be systematically and on equal terms with the Commission and the Council involved in defining and weighting the criteria for the location of the Agency;

Amendment    21

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Regulation establishes the European Labour Authority (‘the Authority’).

1.  This Regulation establishes the European Labour Agency (‘the Agency’).

Amendment    22

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The Agency shall assist Member States and the Commission in matters relating to the effective application and enforcement of the Union labour law in cross-border labour mobility and the coordination of social security systems within the Union.

Amendment    23

Proposal for a regulation

Article 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internal market. To this end, the Authority shall:

The objective of the Agency shall be to promote freedom of movement of workers and services, to monitor the application of Union law in order to ensure decent working conditions and protect workers’ rights and to ensure that labour mobility in the internal market fully respects relevant Union legislation. It shall also contribute to tackling the complex problem of undeclared work, while fully respecting national competences and procedures. To this end, the Agency shall:

Amendment    24

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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

(a)  provide relevant information to workers, employers and relevant authorities on their rights and obligations, labour laws and labour conditions in all Member States through an accessible web portal available in all Union official languages, as well as provide workers and employers, including through social partners, with relevant services related to cross-border labour mobility, including free of charge advisory services and counselling;

Amendment    25

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

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

Amendment    26

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

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

(c)  in agreement with the Member State concerned, mediate and facilitate a solution in cases of cross-border disputes, cross border enforcement problems or lack of cooperation between national competent authorities or labour market disruptions.

Amendment    27

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Authority shall be a body of the Union with legal personality.

1.  The Agency shall be a body of the Union with legal personality.

Amendment    28

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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.

deleted

Amendment    29

Proposal for a regulation

Chapter 2 – title

Text proposed by the Commission

Amendment

Tasks of the Authority

Tasks of the Agency

Amendment    30

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Tasks of the Authority

Tasks of the Agency

Amendment    31

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

(a)  provide information to workers and employers on their rights and obligations in cross-border situations, on labour laws and conditions in all Union Member States through accessible ELA web portal available in all official Union languages, as well as provide cross-border labour mobility services, including advisory services for workers and employers, in accordance with Articles 6 and 7;

Amendment    32

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  collect, process and publish relevant statistics on checks and inspections, as transmitted by Member States in accordance with relevant Union law;

Amendment    33

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;

(c)  coordinate, assist and support concerted and joint inspections and checks, in accordance with Articles 9 and 10, in cooperation with the Member States concerned

Justification

Inspections in the transport sector are often called checks, see for example Directive 2006/22/EC. Therefore, both legal terms should be mentioned in the text.

Amendment    34

Proposal for a regulation

Article 5 – paragraph 1 – point f

Text proposed by the Commission

Amendment

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

(f)  in agreement with the Member State concerned, mediate and facilitate a solution in disputes between Member States' authorities on the application of relevant Union law,

Amendment    35

Proposal for a regulation

Article 5 – paragraph 1 – point g

Text proposed by the Commission

Amendment

g)  facilitate cooperation between relevant stakeholders in the event of cross-border labour market disruptions, in accordance with Article 14.

deleted

Amendment    36

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations;

(a)  in cooperation with the Member States, provide relevant, comprehensive information and advisory services on the rights and obligations of workers and employers in cross-border labour mobility situations through an accessible web portal available in all official Union languages;

Amendment    37

Proposal for a regulation

Article 6 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;

(b)  promote opportunities to support the labour mobility of individuals, including through developing and providing relevant trainings and workshops, including language training;

Amendment    38

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;

(c)  in cooperation with the Member States, provide workers, employers, jobseekers and social partners with relevant information on labour rules and working conditions, applicable in cross-border labour mobility situations relating to the free movement of workers and the posting of workers, as well as relevant information on labour laws and labour conditions in all Member States. The information shall be provided in all official languages of the Union through an up-to-date and accessible web portal;

Amendment    39

Proposal for a regulation

Article 6 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa)  introduce standardised forms for Member States to transmit online and offline information.

Amendment    40

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:

1.  The Agency shall provide free of charge services to individuals, employers and the relevant authorities to facilitate labour mobility across the Union, including advisory services and organizing trainings. To that end, the Agency shall:

Justification

The European Labour Agency should not only provide services but also advise workers and employers on labour mobility issues and provide relevant trainings.

Amendment    41

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.

The Agency shall facilitate and enhance cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Agency’s competences.

Amendment    42

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point c

Text proposed by the Commission

Amendment

c)  promote and share best practices;

(c)  promote and share best practices between Member States, and between existing cooperation organisations and the Member States’ supervisory authorities;

Amendment    43

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(d)  facilitate cross-border enforcement procedures of penalties and fines;

deleted

Amendment    44

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2 – point e

Text proposed by the Commission

Amendment

(e)  report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.

deleted

Amendment    45

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.

3.  The Agency shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system. With the objective of verifying the correct application of and compliance with Union law, inspectors responsible for roadside checks shall have direct real-time access, via an electronic application common to all Member States, both to the system interconnecting national registers of transport undertakings and activities, ERRU, and to information on the driver’s posting declaration through the IMI. In this context, the Agency shall promote this electronic application that will provide direct real-time access to the ERRU and IMI during roadside checks.

Amendment    46

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

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, providing reports to the Commission with a view to their further development.

4.  The Agency shall encourage the use of digital tools and innovative approaches to effective and efficient cross-border cooperation, and play a central role in developing electronic exchange mechanisms between the Member States to facilitate the detection of fraud, in particular by using electronic application that shall provide direct real-time access to the ERRU, EESSI and IMI during roadside checks through which national authorities can access relevant data in real time. It shall provide reports to the Commission with a view to their further development.

Amendment    47

Proposal for a regulation

Article 9 – title

Text proposed by the Commission

Amendment

Coordination of concerted and joint inspections

Concerted and joint inspections

Amendment    48

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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 inspection.

1.  At the request of one or several Member States, the Agency shall, upon the agreement of the Member States concerned, coordinate concerted or joint inspections between Member States in the areas under the scope of the Agency's competences. The request may be submitted by one or several Member States.

Amendment    49

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, 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.

2.  The participation of the national authority of the Member State in the concerted or joint inspection is voluntary. If the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Agency in writing of the reasons for its decision in advance. In such cases, the Agency shall inform the other national authorities concerned.

Amendment    50

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  An agreement for setting up a joint inspection ('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 a model agreement.

1.  An agreement for setting up a concerted or joint inspection ('the joint inspection agreement') between the participating Member States and the Agency 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 Agency shall establish a model agreement.

Amendment    51

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

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.

3.  The Agency shall provide logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.

Amendment    52

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6.  Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.

6.  Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. Those reports shall be made public and shall contain information about those cases where the authority of a Member State does not participate in or conduct the concerted or joint inspection referred to in paragraph 1. A yearly report on the inspections supported by the Agency shall be included in the Agency's annual activity report

Amendment    53

Proposal for a regulation

Article 10 – paragraph 7

Text proposed by the Commission

Amendment

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

7.  In the event that the Agency, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, within the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned. It can report suspected irregularities to the Commission only with the assessment and opinion provided by the Member State concerned.

Justification

It must be ensured that the Member State has the right and possibility to give its opinion with explanation on the report of suspected irregularities, and only after this assessment by the Member State concerned the report of the Agency could be sent to the Commission.

Amendment    54

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, 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.

1.  The Agency shall, in cooperation with Member States and social partners, assess risks and carry out analyses regarding cross-border labour flows, such as obstacles to the labour mobility of workers, discriminatory provisions in national laws and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Agency shall make use of all available statistical data, 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 Agency may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.

Amendment    55

Proposal for a regulation

Article 11 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The Authority shall organise peer reviews amongst national authorities and services in order to:

2.  The Agency shall, at the request of the Member State concerned, organise peer reviews amongst national authorities and services in order to:

Amendment    56

Proposal for a regulation

Article 11 – paragraph 2 – point c

Text proposed by the Commission

Amendment

c)  improve the knowledge and mutual understanding of different systems and practices, as well as to assess the effectiveness of different policy measures, including prevention and deterrence measures.

(c)  improve the knowledge and mutual understanding of different systems and practices, including exchanges on how to transpose Union legal acts, as well as to assess the effectiveness of different policy measures, including prevention and deterrence measures.

Amendment    57

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

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.

3.  The Agency shall regularly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses.

Amendment    58

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Authority shall collect statistical data compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.

4.  The Agency shall collect statistical data compiled and voluntarily provided by Member States in the areas of Union law within the scope of the Agency’s competences. In doing so, the Agency shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Agency shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.

Amendment    59

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  develop common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

(a)  develop suggestions of non-binding guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

Amendment    60

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  promote and support mutual assistance, either in the form of peer-to-peer or group activities, as well as staff exchanges and secondment schemes between national authorities;

(b)  promote and support mutual assistance, either in the form of peer-to-peer or group activities, as well as staff exchanges and secondment schemes between Member States;

Justification

It should be made clear that the Agency should facilitate cooperation among MS, not between national authorities within one MS, that should remain the competence of the MSs.

Amendment    61

Proposal for a regulation

Article 12 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  promote and support regular peer-reviews of all relevant competent enforcement authorities, ensuring the appropriate rotation of both the reviewing and the reviewed competent enforcement authorities.

Amendment    62

Proposal for a regulation

Article 12 – paragraph 1 – point c

Text proposed by the Commission

Amendment

c)  promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities;

(c)  promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant Member States and existing cooperation organisations;

Amendment    63

Proposal for a regulation

Article 12 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  develop joint digital tools to strengthen cooperation between national authorities.

Justification

The European Labour Authority is expected to contribute to the development of interoperable joint operational digital tools aimed at fostering cooperation between Member States (see proposed amendment to recital 16).

Amendment    64

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

deleted

Mediation between Member States

 

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 role.

 

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.

 

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.

 

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

 

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.

 

6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.

 

Amendment    65

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate.

The Agency shall establish cooperation arrangements with other decentralised Union agencies where appropriate.

Amendment    66

Proposal for a regulation

Chapter 3 – title

Text proposed by the Commission

Amendment

Organisation of the Authority

Organisation of the Agency

Amendment    67

Proposal for a regulation

Article 17 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The Authority's administrative and management structure shall be composed of:

1.  The Agency's administrative and management structure shall be composed of:

Amendment    68

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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.

The Agency may set up working groups or expert panels with representatives from all Member States that wish to participate and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas. The rules of procedure of such working groups and panels shall be set out by the Agency 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.

Amendment    69

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.

The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for geographical and gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.

Amendment    70

Proposal for a regulation

Article 23 – paragraph 5

Text proposed by the Commission

Amendment

5.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.

deleted

Justification

It is presently unclear from the text what is the purpose and when would it be necessary to locate one or more staff in one or more Member States. There are many questions: what activities would be done by the staff in that Member States, whether it would be temporary or permanent etc. There is possible duplication with the role of national liaison officers.

Amendment    71

Proposal for a regulation

Article 24 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Stakeholder Group shall be composed of six representatives of Union-level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission.

4.  The Stakeholder Group shall be composed of six representatives of Union-level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission. The members may be accompanied by experts to meetings of the Stakeholders Group.

Amendment    72

Proposal for a regulation

Article 46

Text proposed by the Commission

Amendment

[...]

deleted

Justification

No amendments are necessary and feasible

Amendment    73

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

[...]

deleted

Justification

No amendments are necessary and feasible

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing a European Labour Authority

References

COM(2018)0131 – C8-0118/2018 – 2018/0064(COD)

Committee responsible

       Date announced in plenary

EMPL

16.4.2018

 

 

 

Opinion by

       Date announced in plenary

TRAN

16.4.2018

Rapporteur

       Date appointed

Michael Detjen

18.6.2018

Discussed in committee

6.9.2018

 

 

 

Date adopted

9.10.2018

 

 

 

Result of final vote

+:

–:

0:

25

17

2

Members present for the final vote

Daniela Aiuto, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Andor Deli, Ismail Ertug, Jacqueline Foster, Tania González Peñas, Dieter-Lebrecht Koch, Merja Kyllönen, Innocenzo Leontini, Peter Lundgren, Georg Mayer, Gesine Meissner, Markus Pieper, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Schmidt, Jill Seymour, Keith Taylor, Pavel Telička, Marie-Pierre Vieu, Kosma Złotowski, Luis de Grandes Pascual, Peter van Dalen, Wim van de Camp, Elżbieta Katarzyna Łukacijewska, Claudia Țapardel

Substitutes present for the final vote

Jill Evans, Stefan Gehrold, Maria Grapini, Karoline Graswander-Hainz, Ryszard Antoni Legutko, Marek Plura, Henna Virkkunen

Substitutes under Rule 200(2) present for the final vote

Nicola Danti, Angel Dzhambazki, John Howarth

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

25

+

ALDE

ECR

EFDD

PPE

 

S&D

Izaskun Bilbao Barandica, Gesine Meissner, Dominique Riquet, Pavel Telička

Angel Dzhambazki, Ryszard Antoni Legutko, Kosma Złotowski

Daniela Aiuto

Georges Bach, Deirdre Clune, Andor Deli, Stefan Gehrold, Dieter-Lebrecht Koch, Innocenzo Leontini, Elżbieta Katarzyna Łukacijewska, Markus Pieper, Marek Plura, Massimiliano Salini, Claudia Schmidt, Patricija Šulin, Henna Virkkunen, Luis de Grandes Pascual, Wim van de Camp

John Howarth, Claudia Țapardel

17

-

ECR

EFDD

ENF

GUE/NGL

S&D

 

VERTS/ALE

Jacqueline Foster, Peter Lundgren, Peter van Dalen

Jill Seymour

Georg Mayer

Tania González Peñas, Merja Kyllönen, Marie-Pierre Vieu

Nicola Danti, Michael Detjen, Ismail Ertug, Karoline Graswander-Hainz, Gabriele Preuß, Christine Revault d'Allonnes Bonnefoy

Michael Cramer, Jill Evans, Keith Taylor

2

0

S&D

Inés Ayala Sender, Maria Grapini,


OPINION of the Committee on Legal Affairs (6.11.2018)

for the Committee on Employment and Social Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

Rapporteur for opinion: Angel Dzhambazki

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing a European Labour Authority

establishing a European Labour and Social Security Authority

(text with relevance for the EEA and for Switzerland)

(text with relevance for the EEA and for Switzerland)

Amendment    2

Proposal for a regulation

Citation 2 a (new)

Text proposed by the Commission

Amendment

 

Having regard to the European Pillar of Social Rights,

Amendment    3

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).

(1)  The protection of social and labour rights, the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU) and in the Charter of Fundamental Rights of the European Union.

Amendment    4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress, to promote social justice and protection, combat social exclusion and discrimination, and to promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as to promote economic, social and territorial cohesion, and solidarity among Member States. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

Amendment    5

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  The European Pillar of Social Rights highlights that everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects. Stresses that everyone has the right to transfer social protection and training entitlements during professional transitions. Underlines that young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing. Underlines that people unemployed have the right to personalised, continuous and consistent support.

Amendment    6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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.

(5)  However, in view of the many challenges to the effective application of Union rules regarding cross-border labour mobility and social security coordination, together with concerns about improving cooperation at Union level in those sectors, a European Labour and Social Security Authority (the ‘Authority’) should be established in order to help strengthen trust in the Single Market and enhance mobility, in particular labour mobility and the cross-border provision of services. 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 and cross-border provision of services, as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective and efficient application and enforcement of the Union law in these areas, assist tackling unemployment and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.

Amendment    7

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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. 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.

(6)  To ensure the efficient functioning of the Authority, it is necessary for its objective, together with its tasks and responsibilities, to be clearly defined, so as to ensure complementarity of its tasks with those of existing entities. 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 cross-border provision of services, such as the transport sector. 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, undeclared work and restrictions on rights and benefits, or the employment of illegally staying third-country nationals, it should report them efficiently and without undue delay and cooperate on these matters with the Commission, competent Union bodies, and national authorities.

Amendment    8

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The Authority should contribute to facilitating 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 facilitate 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 .

(7)  The Authority should contribute to combatting social dumping and to facilitating 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 facilitate 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 .

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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).

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).

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) 2016/589 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).

41 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).

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).

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).

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).

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).

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).

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).

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).

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).

Amendment    9

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8 a)  In this regard, the Authority should notably contribute to the better implementation and to an increased effectiveness of the Union legislation related to the transport sector. Companies operating in the transport sector should be able to request and receive appropriate information about their rights and obligations. Moreover, a strengthened cooperation between Member States within this field will result in higher legal certainty and consequently promote the European labour mobility.

Amendment    10

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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.

(10)  The establishment of the Authority should not create new rights and obligations for individuals or employers, particularly SMEs, 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    11

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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 .

(11)  To ensure they can benefit from a socially just 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, in particular by ensuring ways of access for people with disabilities or special needs. 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, internships and apprenticeships, by promoting the use of the Europass-framework and also by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’ as well as by facilitating access to all other relevant services in the Member State of residence or stay, such as healthcare. 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 .

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53 Regulation [Single Digital Gateway – COM(2017)256]

53 Regulation [Single Digital Gateway – COM(2017)256]

Amendment    12

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(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.

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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).

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/

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.

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).

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).

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    13

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with 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.

(13)  In view of the just, simple and effective application of Union law, the Authority should improve cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with 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 in particular 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    14

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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.

(14)  To increase Member States' capacity to support the protection of social and employment rights of persons exercising their free movement rights and to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities and social partners in carrying out national, concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of one or more Member States and upon their agreement. The Authority should provide strategic, logistical, and technical support Member States participating in the concerted or joint inspections in full respect of confidentiality and data protection requirements. Inspections shall be carried out in agreement with the Member State concerned and take place fully within the legal framework of national law of the Member States on which territory the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to that Member State’s national law.

Amendment    15

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

(15)  In order to keep track of emerging trends, challenges, or loopholes, gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas, 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

Amendment    16

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 purpose. 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.

(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 democratic 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 dispute 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.

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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.

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.

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    17

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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.

(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. The Authority should also facilitate such cooperation to address structural problems in access to labour and social rights due to inconsistencies between national schemes, such as differences in pension age, access to benefits for self-employed persons or in assessing to what extend a person with a disability is fit for work.

Amendment    18

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  The Member States 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.

(21)  The Member States, the social partners, experts nominated by the European Parliament, 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 Chairs, 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    19

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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. 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.

(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 and Member State-level social partners and civil society organisations as part of the transparent and regular dialogue with representative associations and civil society in accordance with Article 11(1) and (2) TFEU. 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    20

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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. 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.

(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    21

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  Within the framework of their respective competences, the Authority should cooperate 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).

(30)  Within the framework of their respective competences, the Authority should cooperate 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, corruption and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust), as well as with the other EU agencies active in the area of justice and home affairs, such as the European Union Agency for Fundamental Rights (FRA), the European Asylum Support Office (EASO),the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the European Institute for Gender Equality (EIGE), the EU Agency for Law Enforcement Training (CEPOL)) and the EU Anti-Trafficking Coordinator. Cooperation does not mean duplication of the activities of the Authority and those of other Union agencies.

Amendment    22

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31)  In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69. With the establishment of the Authority, those bodies should cease to exist.

(31)  In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobility, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69. With the establishment of the Authority, those bodies should be taken over by and merged with it.

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68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26).

68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26).

69 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).

69 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    23

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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.

(32)  The Authority should cooperate with the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004(‘the Administrative Commission’) and be permitted to attend meetings of the Administrative Commission and its committees.

Amendment    24

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(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.

(34)  In order to reflect this new institutional set-up, Regulations (EC) No 883/2004,(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    25

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union,

(37)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union, as well as in full respect of applicable international labour and human rights law. It also takes into account the European Pillar of Social Rights,

Amendment    26

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

 

(37 a)  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    27

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

Subject matter and scope

Establishment and scope of action

Amendment    28

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Regulation establishes the European Labour Authority (‘the Authority’).

1.  This Regulation establishes the European Labour and Social Security Authority (‘the Authority’).

Amendment    29

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The Authority shall contribute to the consistent, efficient and effective application of European labour and social legislation as well as equal access to social security and adequate social protection for all persons using their free movement rights. 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.

Amendment    30

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Authority shall facilitate and support a reinforced cooperation between Member States, social partners, other stakeholders and the Commission in all labour and social matters with across-border dimension. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, and shall in no way affect the exercise of fundamental rights as recognised in the Member States and at Union level regarding the collective bargaining rights in accordance with national law and practice, nor the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action.

Amendment    31

Proposal for a regulation

Article 1 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2 b.  This regulation is without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners as explicitly recognised by the TFEU. The Authority shall contribute to the enforcement and improvement of Union and national law in line with the EU Charter of Fundamental Rights and internationally applicable labour standards by:

 

(a) ensuring free movement of people, freedom of establishment and freedom to provide services;

 

(b) ensuring equal treatment amongst people and fair cross-border competition;

 

(c) preventing, detecting and prosecuting cross-border social fraud, wrong-doing and error;

 

(d) preventing, deterring and combating undeclared work as well as promoting the declaration of undeclared work while ensuring the respect for applicable workers’ rights;

 

(e) supporting cross-border prosecution and execution of fines and sanctions in labour and social matters;

 

(f) facilitating the coordination of social security systems within the Union.

Amendment    32

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

Article 2

Objectives

Objectives

The objective of the Authority shall be to contribute to ensuring fair labour mobility in the internal market. To this end, the Authority shall:

The purpose of the Authority shall be to contribute to promoting non-precarious and socially just mobility, in particular labour mobility and cross-border provision of services in the internal market. To this end, the Authority shall:

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

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

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

(b)  promote, improve and support cooperation between Member States in their endeavours to inspire better cooperation and the consistent, efficient and effective cross-border enforcement of relevant Union law, including providing technical, logistical assistance and training aiming to facilitate joint inspections;

 

(b a)  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;

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

(c)  at the request of the Member States, mediate between national authorities and help to resolve labour market disruptions, or cross-border enforcement problems, without prejudice to the diversity of national relations systems as well as the autonomy of social partners and the right to collective bargaining;

 

(ca)  advise the Commission and the Member States on tackling unemployment;

Amendment    33

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Authority shall be a body of the Union with legal personality.

1.  The Authority shall be a decentralised body of the Union with legal personality.

Amendment    34

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

(a)  facilitate and improve access to information by individuals, employers and social partners on rights and obligations in cross-border situations related to free movement as well as access to relevant services, including social services, in particular health care and cross-border labour mobility services, in accordance with Articles 6 and 7;

Amendment    35

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant Union law, in accordance with Article 8;

(b)  encourage, facilitate and support cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant Union law, in accordance with Article 8, and the effective tackling of unemployment;

Amendment    36

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;

(c)  propose, coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;

Amendment    37

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  carry out analyses and risk assessments on issues of cross-border labour mobility, in accordance with Article 11;

(d)  initiate analyses and carry out risk assessments on issues related to labour mobility within the internal market and issue opinions and recommendations, in accordance with Article 11

Amendment    38

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  support Member States with capacity-building regarding the effective enforcement of relevant Union law, in accordance with Article 12;

(e)  issue guidelines and interpretative opinions on relevant Union law and support Member States and all relevant social partners and stakeholders with capacity-building regarding the effective compliance, implementation and enforcement of relevant Union law, in accordance with Article 12;

Amendment    39

Proposal for a regulation

Article 5 – paragraph 1 – point f

Text proposed by the Commission

Amendment

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

(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    40

Proposal for a regulation

Article 5 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(f a)  mediate in disputes between persons and Member States' authorities on the application of relevant Union law, in accordance with Article 13a;

Amendment    41

Proposal for a regulation

Article 5 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g)  facilitate cooperation between relevant stakeholders in the event of cross-border labour market disruptions, in accordance with Article 14.

(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    42

Proposal for a regulation

Article 5 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(g a)  facilitate cooperation between relevant stakeholders in the event of structural problems in access to labour and social rights due to gaps or inconsistencies between Member States’ systems, in accordance with Article 14a;

Amendment    43

Proposal for a regulation

Article 5 – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(g b)  advise the European Parliament, the Council and the Commission on any initiative which it considers to be appropriate to encourage the effective enforcement of Union law in relation to people exercising their right of free movement;

Amendment    44

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Article 6

Article 6

Information on cross-border labour mobility

Information on cross-border labour mobility

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:

The Authority shall improve the availability, quality and accessibility of information offered to individuals, employers and social partners to facilitate fair 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)  provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations;

(a)  in cooperation with the relevant national authorities provide in particular employers and social partners, workers and job-seekers with relevant information on all rights and obligations of individuals in cross-border mobility situations, in particular labour mobility and with regard to social security rights and social protection and cross-border provision of services;

(b)  promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;

(b)  finance, provide and organise guidance and consultancy and training, including sector-specific language courses, to support the labour mobility of individuals;

(c)  provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;

(c)  in cooperation with the relevant national authorities, provide relevant information to employers and employees, social partners and relevant stakeholders on current labour rules, and other socio-economic indicators affecting levels of pay applicable to workers in cross-border labour mobility situations, including posted workers; in all official languages of the Union; provide an indicative wage comparison calculator showing the wage levels of the posted worker in the host Member State during the posting period;

(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;

(d)  cooperate closely with the Member States and relevant national authorities to ensure compliance 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; to this end, the Authority shall set up and manage a single European website, serving as a one-stop-shop, containing all relevant information from each of the official national websites referred to in Article 5 of Directive 2014/67/EU;

(e)  support Member States in improving the accuracy, completeness and user-friendliness of relevant national information services, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256];

(e)  support Member States in improving the accuracy, completeness and user-friendliness of 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.

(f)  support Member States in streamlining and improving 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 and the fundamental rights.

Amendment    45

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

Access to cross-border labour mobility services

Access to cross-border labour mobility services and other relevant services

Amendment    46

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

Article 8

Article 8

Cooperation and exchange of information between Member States

Cooperation and exchange of information between Member States

1.  The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.

1.  The Authority shall facilitate cooperation between Member States, social partners and relevant stakeholders and help to ensure compliance, including on information exchange, as defined in Union law within the scope of the Authority’s competences, in accordance with relevant Union legislation on data protection and fundamental rights.

To that end, the Authority shall, upon request of national authorities, and in order to speed up exchanges between them, in particular:

To that end, the Authority shall, upon request or at its own initiative and in close cooperation with national authorities, and in order to speed up exchanges between them, in particular:

(a)  support national authorities in identifying the relevant contact points of national authorities in other Member States;

(a)  support national authorities in identifying the relevant contact points of national authorities in other Member States;

(b)  facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;

(b)  facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through formal and informal exchanges on the status of cases depending on the specificities of the individual case;

(c)  promote and share best practices;

(c)  promote and share best practices, taking to account the specific collective bargaining rights in the Member States;

(d)  facilitate cross-border enforcement procedures of penalties and fines;

(d)  help to ensure, upon request by the concerned Member State, that coordination of cross-border enforcement procedures of penalties and fines work efficiently;

(e)  report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.

(e)  report to the Commission, the European Parliament and the Member States on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13 and Article 13a.

 

1a.  At the request of the Authority, the competent 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 national authority shall provide the information within two months and in urgent cases two working days, without prejudice to the discretion of Member States dealing with special cases.

 

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

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.

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.

3.  The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.

3.  The Authority shall promote and monitor the proper use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system and provide technical assistance and expertise.

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, providing reports to the Commission with a view to their further development.

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, providing reports to the Commission and the Member States in question with a view to their further development and in accordance with relevant Union legislation on data protection and fundamental rights.

 

4 a.  The Authority shall maintain a Union list of enterprises that do not meet the relevant legal requirements with regard to ensuring fair and non-precarious labour mobility. This Union list shall be made public in order to ensure the greatest transparency. It shall be based on common criteria and reviewed regularly. The first list shall be established within the first 12 months of operation of the Authority. Enterprises appearing on the Union list shall be subject to an operating ban. The operating prohibitions on the Union list shall apply throughout the territory of the Member States. In exceptional cases, Member States may take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory. The Authority shall facilitate cooperation between Member States in the event of cross-border market disruptions and support their fight against social dumping.

Amendment    47

Proposal for a regulation

Article 8 a (new)

Text proposed by the Commission

Amendment

 

Article 8 a

 

Data Protection

 

1.   In accordance with this Directive, the Authority shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of personal data.

 

2.   The application of all relevant Union law on data protection shall be mandatory for all activities carried out by the Authority.

Justification

This new article seeks to clarify, that under all circumstances, the measures according to the GDPR shall apply. The Authority will be tasked to deal with large amounts sensitive data affecting all Member States and it is of the highest importance, that it is made explicitly clear, that data protection legislation applies at all times.

Amendment    48

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Article 9

Article 9

Coordination of concerted and joint inspections

Coordination of concerted and joint inspections

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 inspection.

1.  At the request of one or several Member States, the Authority shall work towards concluding an agreement between them and 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 inspection, which will be carried out in coordination with the Member State.

2.  Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, 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.

2.  Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to in paragraph 1, it shall inform the Authority in writing of the reasons for its decision before the beginning of the planned inspection. In such cases, the Authority shall inform the other national authorities concerned.

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.

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    49

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

Article 10

Arrangements for concerted and joint inspections

Arrangements for concerted and joint inspections

1.  An agreement for setting up a joint inspection ('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 a model agreement.

1.  An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States, and/or social partners and relevant stakeholders and the Authority shall set out the conditions for carrying out such an exercise, especially the scope of the inspection and the applicable law. 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 guidelines for concerted and joint inspections and a model agreement after consulting all Member States.

2.  Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned.

2.  Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned. National authorities shall also be fully associated in the process and have full and autonomous authority. Where social partners are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the social partners concerned so agree and under supervision of the Member State concerned.

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.

3.  The Authority shall provide logistical and technical support if requested by the Member States concerned, which may include translation and interpretation services and legal assistance, to Member States and social partners carrying out concerted or joint inspections.

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.

4.  Staff of the Authority may attend 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.

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.

5.  National authorities or social partners 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. The Authority shall establish a template for their reports, taking into account the necessity to avoid unnecessary administrative burden. The results of joint inspections may be used as evidence in the Member State with the same legal value of information collected within their own territory.

 

5 a.  Parties being subject of the inspection shall receive the post-inspection report and shall have the right to refer to it and challenge findings following national law of the Member State, on which territory the inspection has been carried out.

6.  Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.

6.  Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board and to the Stakeholder Group. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. This report shall include a list of cases in which Member States refused to participate in a joint inspection.

 

6 a.  Joint inspections as well as their legal consequences, decisions on administrative fines and penalties as well as rights and obligations of the parties being subject of the inspection shall be with no prejudice to the law applicable on the territory of a Member State where the inspection is taking place. 

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

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

 

7 a.  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    50

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

Article 11

Article 11

Cross-border labour mobility analyses and risk assessment

Cross-border labour mobility analyses and risk assessment

1.  The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, 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.

1.  The Authority shall assess risks and carry out analyses, keeping in mind regional and national specificities, regarding cross-border labour flows, such as labour market imbalances, 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.

 

1 a  Upon request also of a Member State, the Authority may carry out additional analysis and studies. Such a request shall be subject to assessment, in order to avoid duplication or repetition. In such cases, the Authority shall assess the validity of the available data, compare it to existing data and if necessary modify it according to the most recent and available information and supplement it with any relevant additional data, if required for the purpose of the analysis or study.

2.  The Authority shall organise peer reviews amongst national authorities and services in order to:

2.  The Authority shall organise peer reviews amongst national authorities and services in order to:

(a)  examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Union law within the scope of the Authority’s competences, as well as its enforcement in practice;

(a)  examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Union law within the scope of the Authority’s competences, as well as its enforcement in practice;

(b)  strengthen consistency in the provision of services to individuals and businesses;

(b)  strengthen consistency in the provision of services to individuals and businesses;

(c)  improve the knowledge and mutual understanding of different systems and practices, as well as to assess the effectiveness of different policy measures, including prevention and deterrence measures.

(c)  improve the knowledge and mutual understanding of different systems and practices, as well as to assess the effectiveness and implementation methodology of different policy measures, including prevention and deterrence measures.

 

(c a)  formulate recommendations addressed to both the Commission and the Member States to ensure the effective enforcement of Union law in relation to the work of the Authority, including in relation to fighting undeclared work, ensuring fair decent working conditions, fighting tax evasion and ensuring proper social protection for all.

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.

3.  The Authority shall quarterly report its findings to the Commission, the European Parliament, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses and strengths. The outcomes shall be published within a year following and taken into account in all Union actions, when relevant.

4.  The Authority shall collect statistical data compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.

4.  The Authority shall collect statistical data, compiled in clear structures, disaggregated by gender, age, income level, occupation and labour market status and provided by Member States in the areas of Union law within the scope of the Authority’s competences and in compliance with relevant Union legislation on data protection. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.

Amendment    51

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

Article 12

Support to capacity building

Support to capacity building

The Authority shall support Member States with capacity building aimed at promoting the consistent enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:

The Authority shall support Member States, social partners and civil society organisations with capacity building aimed at promoting the consistent enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:

(a)  develop common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

(a)  develop guidelines, which way be applied by Member States and social partners, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;

(b)  promote and support mutual assistance, either in the form of peer-to-peer or group activities, as well as staff exchanges and secondment schemes between national authorities;

(b)  promote and support mutual assistance, either in the form of peer-to-peer or group activities, as well as staff exchanges and secondment schemes between national authorities;

(c)  promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities;

(c)  promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities, social partners and civil society organisations;

(d)  develop sectoral and cross-sectoral training programmes and dedicated training material;

(d)  develop sectoral and cross-sectoral training programmes and dedicated training material;

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

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

 

(e a)  increase the capacity of enforcement bodies to better tackle cross-border aspects including sufficient staff resources,training and financial resources.

 

(e b)  improve the knowledge and mutual understanding of the different national systems and practices related to free movement of persons, within the scope of this Regulation and access to adequate social protection and the methods and legal framework for action;

Amendment    52

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

Article 13

Mediation between Member States

Mediation between Member States

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 role.

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 role, without prejudice to the procedures envisaged by the decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation No 883/2004 of the European parliament and the Council.

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.

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 if Member States have not been able to resolve the dispute within a reasonable time after its emergence, taking into consideration the nature and specific requirements of each case. Member States concerned take actively part in the mentioned procedure and make at disposal any relevant and/or requested information.

 

2 a  The Member States shall inform the persons concerned, such as employers, employees, self-employed persons, about the dispute and about the case being brought to the Authority. They shall also be consulted and involved throughout the procedure.

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.

3.  For the purposes of the mediation procedure, the Member States concerned shall make available all requested and relevant information. When presenting a case for mediation by the Authority, Member States and all other parties that are heard by the Authority or involved in the case shall ensure that all personal data related to that case is anonymised, in accordance with relevant Union legislation on data protection 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 or afterwards.

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

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

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.

5.  Within three months of the conclusion of successful 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.

 

5 a.  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.

6.  The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.

6.  The Authority shall report to the Commission, the European Parliament and the Member States on a quarterly basis about the outcomes of the mediation cases it handles.

 

6a.  Should a mediation procedure not have a positive outcome, the Authority shall refer the parties in question to the relevant judicial authorities.

 

6b.  At any stage throughout the mediation process, the Member States concerned may agree with each other to having the Mediation Board act as an arbitrator and to be bound by its decision. This agreement shall be formally registered and made public.

Amendment    53

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

Article 14

Cooperation in case of cross-border labour market disruptions

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.

At the request of the national authorities, the Authority shall facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events with cross-border implications. The Authority shall adequately involve the respective social partners, without prejudice to their autonomy.

Amendment    54

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

 

Article 14 a

 

Cooperation in case of structural problems in access to labour and social rights

 

The Authority shall facilitate cooperation between relevant stakeholders in order to provide solutions for people experiencing problems in accessing labour and social rights in cross-border situations, including social security benefits, as a result of structural differences between the systems of different Member States concerned.

Amendment    55

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

The Authority shall coordinate, develop and apply interoperability frameworks to guarantee the exchange of information between Member States and also with the Authority. Those interoperability frameworks shall be based on and supported by the European Interoperability Framework70 and by the European Interoperability Reference Architecture referred to in Decision (EU) 2015/2240 of the European Parliament and of the Council71 .

The Authority shall coordinate, develop and apply interoperability frameworks to guarantee the exchange of information between Member States and also with the Authority. Those interoperability frameworks shall be based on and supported by the European Interoperability Framework70 and by the European Interoperability Reference Architecture referred to in Decision (EU) 2015/2240 of the European Parliament and of the Council71 . 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, complete and timely.

_________________

_________________

70 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions: European Interoperability Framework – Implementation Strategy - COM(2017) 134 final.

70 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions: European Interoperability Framework – Implementation Strategy - COM(2017) 134 final.

71 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).

71 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).

Amendment    56

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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.

The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts or social partners 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.

Amendment    57

Proposal for a regulation

Article 17 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  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    58

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Article 18

Article 18

Composition of the Management Board

Composition of the Management Board

1.  The Management Board shall be composed of one senior representative from each Member State and two representatives of the Commission, all of whom have voting rights.

1.  The Management Board shall be composed of

 

(a) one senior representative from each Member State

 

(b) one representative of the Commission,

 

(c) six social partner representatives and

 

(d) three independent experts appointed by the European Parliament, all of whom have voting rights.

 

The senior representatives of each Member State and their substitutes shall present professional competences in both labour law and social security regulations.

2.  Each member of the Management Board shall have an alternate. The alternate shall represent the member in his or her absence.

2.  Each member of the Management Board shall have an alternate. The alternate shall represent the member in his or her absence. Whilst both representatives may exercise their right to attend meetings simultaneously, only one vote per Member State is allowed.

3.  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 managerial, administrative and budgetary skills.

3.  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), and on the basis of merit, taking into account relevant experience and skills. All parties shall aim to achieve balanced representation between men and women on the Management Board.

 

Union level social partners shall appoint all social partner representatives.

The Commission shall appoint the members who are to represent it.

The Commission shall appoint the members who are to represent it.

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

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

4.  The term of office for members and their alternates shall be four years. That term shall be extendable.

4.  The term of office for members and their alternates shall be four years. Members may be allowed office for two consecutive terms, provided that such members are not holding the same designation.

5.  Representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers.

5.  Representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers subject to prior unanimous authorisation by Member States. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard.

Amendment    59

Proposal for a regulation

Article 19 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  adopt, by a two-thirds majority of its members entitled to vote, the annual budget of the Authority and exercise other functions in respect of the Authority's budget pursuant to Chapter IV;

(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    60

Proposal for a regulation

Article 19 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(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;

(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    61

Proposal for a regulation

Article 19 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2), and shall publish annually on its website the declaration of interests of the Management Board members;

(f)  adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2) as well as seconded national experts in accordance with Article 34, and shall publish annually on its website the declaration of interests of the Management Board members;

Amendment    62

Proposal for a regulation

Article 19 – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

 

(h a)  discuss proposals and recommendations by the Stakeholder Group and provide a reasoned answer;

Amendment    63

Proposal for a regulation

Article 19 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i)  adopt the rules of procedures of the working groups and panels of the Authority set up in accordance with Article 17(2);

(i)  adopt the rules of procedure 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    64

Proposal for a regulation

Article 20 – title

Text proposed by the Commission

Amendment

Chairperson of the Management Board

Chairpersons of the Management Board

Amendment    65

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.

The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender and geographical balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.

Amendment    66

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairperson shall be elected by a simple majority of the members of the Management Board with voting rights.

In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.

Amendment    67

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

The Deputy Chairperson shall automatically replace the Chairperson if he or she is prevented from attending to his or her duties.

One Chairperson shall automatically replace the other if he or she is prevented from attending to his or her duties.

Amendment    68

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2.  The term of office of the Chairperson and the Deputy Chairperson shall be four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

2.  The term of office of the Chairpersons shall be four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

Amendment    69

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Management Board shall convene meetings with the Stakeholder Group at least once a year.

4.  The Management Board shall convene meetings with the Stakeholder Group at least twice a year.

Amendment    70

Proposal for a regulation

Article 21 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7 a.  The minutes of the meetings of the Management Board shall be published on the Authority’s website. The agenda of the meetings of the Management Board shall be provided in advance to the Stakeholder Group.

Amendment    71

Proposal for a regulation

Article 21 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

 

7b.  A Member State may request a meeting of the Management Board in urgent cases. That request shall be accompanied by a well-reasoned statement.

Justification

In specific cases, there ought to be a possibility for launching an urgency-procedure.

Amendment    72

Proposal for a regulation

Article 23

Text proposed by the Commission

Amendment

Article 23

Article 23

Responsibilities of the Executive Director

Responsibilities of the Executive Director

1.  The Executive Director shall manage the Authority. The Executive Director shall be accountable to the Management Board.

1.  The Executive Director shall manage the Authority. The Executive Director shall be accountable to the Management Board.

2.  The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.

2.  The Executive Director shall report to the European Parliament and the Commission on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.

3.  The Executive Director shall be the legal representative of the Authority.

3.  The Executive Director shall be the legal representative of the Authority.

4.  The Executive Director shall be responsible for the implementation of the tasks assigned to the Authority by this Regulation. In particular, the Executive Director shall be responsible for:

4.  The Executive Director shall be responsible for the implementation of the tasks assigned to the Authority by this Regulation. In particular, the Executive Director shall be responsible for:

(a)  the day-to-day administration of the Authority;

(a)  the day-to-day administration of the Authority;

(b)  implementing decisions adopted by the Management Board;

(b)  implementing decisions adopted by the Management Board;

(c)  preparing the draft single programming document and submitting it to the Management Board for approval;

(c)  preparing the draft single programming document and submitting it to the Management Board for approval;

(d)  implementing the single programming document and reporting to the Management Board on its implementation;

(d)  implementing the single programming document and reporting to the Management Board on its implementation;

(e)  preparing the consolidated annual report on the Authority's activities and presenting it to the Management Board for assessment and adoption;

(e)  preparing the consolidated annual report on the Authority's activities and presenting it to the Management Board for assessment and adoption;

(f)  preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;

(f)  preparing an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF and reporting on progress twice a year to the Commission, the European Parliament and regularly to the Management Board;

(g)  protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial penalties;

(g)  protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without prejudicing the investigative competence of OLAF by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative, including financial penalties;

(h)  preparing an anti-fraud strategy for the Authority and presenting it to the Management Board for approval;

(h)  preparing an anti-fraud strategy for the Authority and presenting it to the Management Board for approval;

(i)  preparing the financial rules applicable to the Authority and presenting them to the Management Board;

(i)  preparing the financial rules applicable to the Authority and presenting them to the Management Board;

(j)  preparing the Authority's draft statement of estimates of revenue and expenditure and implementing its budget;

(j)  preparing the Authority's draft statement of estimates of revenue and expenditure and implementing its budget;

(k)  implementing measures established by the Management Board to comply with obligations on data protection imposed by Regulation (EC) No 45/2001.

(k)  implementing measures established by the Management Board to comply with obligations on data protection imposed by Regulation (EC) No 45/2001;

 

(ka)  preside over dispute settlement proceedings.

5.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned may be required.

5.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States, either on a temporary or permanent basis. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State(s) concerned. The decision shall specify the primary scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the Authority. A headquarters agreement with the Member State(s) concerned shall be required.

 

5 a  The staff located in one or more Member States, either on a temporary or permanent basis, shall cooperate with the local authorities of the member states accordingly, however the staff shall always be under the direction of the Authority.

Amendment    73

Proposal for a regulation

Article 24

Text proposed by the Commission

Amendment

Article 24

Article 24

Creation and composition of the Stakeholder Group

Creation and composition of the Stakeholder Group

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.

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.

2.  The Stakeholder Group may, in particular, submit opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation.

2.  The Stakeholder Group may, in particular, submit opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation.

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.

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, the European Parliament, or in special urgency cases at the request of a Member State or at least 20% of its members.

4.  The Stakeholder Group shall be composed of six representatives of Union-level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission.

4.  The Stakeholder Group shall be composed of eight representatives of Union-level social partners equally representing trade unions and employer’s organisations, two representatives of the Commission and two representatives of the European Parliament.

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 SMEs.

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.

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.

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.

7.  The Authority shall make public the opinions and advice of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.

7.  The Authority shall make public the opinions and advice of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.

Amendment    74

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

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.

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).

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    75

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall send the draft estimate to the budgetary authority together with the draft general budget of the Union.

4.  The Commission shall send the draft estimate to the budgetary authority together with the draft general budget of the Union, clearly indicating the Authorities' budget line. The Commission shall also inform the European Parliament of the draft estimate.

Justification

With increasingly stringent timelines, the procedural work of other institutions would be improved, if budgetary estimates were communicated at this earlier stage.

Amendment    76

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The principle of sound financial management shall apply in all circumstances.

Amendment    77

Proposal for a regulation

Article 32

Text proposed by the Commission

Amendment

Article 32

Article 32

Executive Director

Executive Director

1.  The Executive Director shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.

1.  The Executive Director shall be engaged as a temporary agent of the Authority in accordance with Article 2(a) of the Conditions of Employment of Other Servants.

2.  The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

2.  The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission and Member States, following an open and transparent selection procedure. When there are two candidates of equal merit, the Management Board shall give preference to the under represented gender.

3.  For the purpose of concluding the contract with the Executive Director, the Authority shall be represented by the Chairperson of the Management Board.

3.  For the purpose of concluding the contract with the Executive Director, the Authority shall be represented by the Chairperson of the Management Board.

4.  The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.

4.  The term of office of the Executive Director shall be four years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Authority's future tasks and challenges.

5.  The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once, for no more than five years.

5.  The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once, for no more than four years.

6.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulative period.

6.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the cumulative period.

7.  The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.

7.  The Executive Director may be removed from office only upon a decision of the Management Board.

8.  The Management Board shall reach decisions on the appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members entitled to vote.

8.  The Management Board shall reach decisions on the appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members entitled to vote.

Amendment    78

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1.  Regulation (EC) No 1049/2001 shall apply to documents held by the Authority. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.

1.  Regulation(EC) No 1049/2001 shall apply to documents held by the Authority. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Authority.

Amendment    79

Proposal for a regulation

Article 38 – paragraph 4

Text proposed by the Commission

Amendment

4.  Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Authority shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

4.  Without prejudice to paragraphs 1, 2 and 3,cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Authority shall contain provisions expressly empowering the EPPO, European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

Amendment    80

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Court of Justice of the European Union shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the Authority.

2.  The Court of Justice of the European Union shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the Authority, or on any non-contractual obligation, which shall not be resolved otherwise.

Amendment    81

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

The activities of the Authority shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.

The activities of the Authority as well as activities, national, concerted or joint inspections carried out with the involvement of staff of the Authority shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.

Amendment    82

Proposal for a regulation

Article 42 a (new)

Text proposed by the Commission

Amendment

 

Article 42 a

 

Whistleblower protection

 

Persons bringing cases to the Authority, including on labour or social security fraud, either directly or via national enforcement authorities, shall be protected against any unfavourable treatment by their employer.

Amendment    83

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

To that end, the Authority may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries. Those arrangements shall not create legal obligations incumbent on the Union and its Member States.

To that end, the Authority may, subject to prior approval by the Commission and the Management Board, establish working arrangements with the authorities of third countries. Those arrangements shall not create legal obligations incumbent on the Union and its Member States.

Justification

Such an important decision, impacting the overall activity of the Authority may not be decided solely by the Commission. Authorisation must be given by the Member States, as well.

Amendment    84

Proposal for a regulation

Article 46 – paragraph 1 – point 1

Regulation (EC) No 883/2004

Article 1 – point na

 

Text proposed by the Commission

Amendment

(na)  ‘European Labour Authority’ means the body established by [Regulation Establishing the Authority] and referred to in Article 74;;

(na)  ‘European Labour and Social Security Authority’ means the body established by [Regulation Establishing the Authority];

Amendment    85

Proposal for a regulation

Article 46 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(2)  in Article 72, point (g) is replaced by the following:

deleted

“(g) 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 74.”;

 

Amendment    86

Proposal for a regulation

Article 46 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  in Article 72, the following point (ga) is inserted:

 

"(ga) provide the European Labour and Social Security Authority with technical input and expertise when required."

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing a European Labour Authority

References

COM(2018)0131 – C8-0118/2018 – 2018/0064(COD)

Committee responsible

       Date announced in plenary

EMPL

16.4.2018

 

 

 

Opinion by

       Date announced in plenary

JURI

16.4.2018

Rapporteur

       Date appointed

Angel Dzhambazki

15.5.2018

Discussed in committee

3.9.2018

 

 

 

Date adopted

22.10.2018

 

 

 

Result of final vote

+:

–:

0:

15

3

0

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Mady Delvaux, Laura Ferrara, Heidi Hautala, Mary Honeyball, Sylvia-Yvonne Kaufmann, Gilles Lebreton, Evelyn Regner, Pavel Svoboda, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Substitutes present for the final vote

Geoffroy Didier, Pascal Durand, Angel Dzhambazki, Tiemo Wölken

Substitutes under Rule 200(2) present for the final vote

Olle Ludvigsson

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

15

+

ECR

Angel Dzhambazki

PPE

Geoffroy Didier, Pavel Svoboda, Axel Voss, Francis Zammit Dimech; Tadeusz Zwiefka

S&D

Mady Delvaux, Mary Honeyball, Sylvia-Yvonne Kaufmann, Olle Ludvigsson, Evelyn Regner, Tiemo Wölken

VERTS/ALE

Max Andersson, Pascal Durand

3

-

EFDD

Joëlle Bergeron

ENF

Marie-Christine Boutonnet, Gilles Lebreton

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Civil Liberties, Justice and Home Affairs (23.10.2018)

for the Committee on Employment and Social Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority

(COM(2018)0131 – C8‑0118/2018 – 2018/0064(COD))

Rapporteur for opinion: Emilian Pavel

SHORT JUSTIFICATION

The European Parliament has, on several occasions, underlined the need both to reinforce controls, administrative cooperation and coordination between and by Member States to actively support the exercise of free movement rights, and to develop assistance and information exchanges in the context of fighting fraud related to the posting of workers, while emphasising the importance of clear and transparent information for service providers and all categories of workers, including EU Blue Card holders, intra-corporate transferees, or long-term residents and their family members. In this context, the Commission proposed the establishment of a 'European Labour Authority' (‘ELA’), in the form of a decentralised EU agency to address the challenges connected to labour mobility across the Union and to ensure that relevant EU rules are enforced in a fair, simple, and effective way.

Labour mobility in the EU benefits individuals, social partners, economies and societies as a whole. The free movement of workers and the freedom to provide services within the Union depend on clear, fair and effectively enforced rules on cross-border labour mobility with third-country nationals as well.

However, concerns remain regarding compliance with and effective and efficient enforcement of EU rules, which risks jeopardising trust and fairness in the Internal Market. In particular, concerns have been voiced in relation to mobile workers being vulnerable to abuse or being denied their rights, as well as businesses operating in an uncertain or unclear business environment and unequal playing field. Providing high quality and up-to-date information and services to the public about their rights and obligations in cross-border situations needs to be coordinated at Union level in order to ensure a consistent, clear, and efficient approach. In that respect, the ELA will be entrusted with a number of operational tasks, namely to provide relevant information and services to individuals, social partners and employers, as well as support Member States in cooperation, information exchange, concerted and joint inspections - an issue of particular importance for the Rapporteur, to alert the competent authorities in case of violation of the fundamental rights and trafficking in human beings for labour exploitations. Undoubtedly, migration into the Union, in all its forms, has an effect on the EU’s labour markets.

The Rapporteur strongly supports the Commission’s proposal for the establishment of the ELA.

Suggested amendments

As the Authority should contribute to the clear, fair and effective enforcement of Union rules on cross-border labour mobility and social security coordination the Rapporteur supports the protection of fundamental rights ensured by such rules, such as the free movement of persons and workers including EU Blue Card holders, intra-corporate transferees, or long-term residents and their family members. The Rapporteur also supports the exercise of rights across borders in the field of fair and just working conditions, social security and healthcare, non-discrimination and the fight against trafficking in human being for labour exploitations.

Another important aspect for the Rapporteur is the problem of undeclared work. To that end, the Rapporteur has proposed an amendment to provide a clear vision on how to tackle undeclared work, which has often a cross-border dimension and can have serious implications for the workers concerned. Some vulnerable groups, such as third-country nationals, are particularly exposed to undeclared work and the denial of basic workers’ rights connected with it. The ELA should maintain and further develop the European Platform to enhance cooperation in tackling undeclared work created by Decision (EU) 2016/344 and further strengthen Union-level cooperation in this field.

In the opinion of the Rapporteur the provisions on cooperation with other European Agencies are crucial. The Rapporteur encourages the ELA to establish effective cooperation with the European Union Agency for Law Enforcement Cooperation (Europol) and the European Union Agency for Criminal Justice Cooperation (Eurojust) as regards the fight against organised crime. In order to combat trafficking in human beings, with special focus on trafficking for labour exploitation, the ELA should also work together with the other EU agencies active in the area of justice and home affairs, in particular the FRA and the Anti-trafficking Coordinator.

With regards to the protection of personal data, the provisions of Regulation (EU) No 679/2016 (General Data Protection Regulation) and Regulation (EC) No 45/2001 apply to the processing of personal data under this proposal. The Rapporteur seeks to ensure that in compliance with these rules, any processing of personal data will be limited to what is necessary and proportionate. Data should be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes and the Rapporteur proposes to make it clear that the Authority and the Commission should be considered as joint controllers for the purposes of the data protection rules.

Another very important aspect for the Rapporteur is the fight against fraud and the Rapporteur seeks clear references to the application of the Council Regulation on the establishment of the European Public Prosecutor's Office ('the EPPO') and the involvement of the EPPO, where appropriate, in investigations on combating fraud related to the ELA’s work.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).

(1)  The protection of social and labour rights, the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).

Amendment    2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

(2)  Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress, promote social justice and protection, combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as promote economic, social and territorial cohesion, and solidarity among Member States. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.

Amendment    3

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  The Charter of Fundamental Rights of the European Union sets out the right to free movement of persons and workers in Articles 15 and 45, the right of non-discrimination in Article 21, the right of access to a free placement service in Article 29, the freedom to conduct a business in Article 16 and the right to fair and just working conditions, social security and health care in Articles 31, 34 and 35.

Amendment    4

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

 

(2b)  Concerns remain regarding existing barriers to freedom of movement, access to employment, access to social security, and discrimination based on nationality in the internal market;

Amendment    5

Proposal for a regulation

Recital 2 c (new)

Text proposed by the Commission

Amendment

 

(2c)  In its Special Report No 6/2018 on the Free Movement of Workers entitled ‘Free Movement of Workers – the fundamental freedom ensured but better targeting of EU funds would aid worker mobility’, the European Court of Auditors included recommendations to the Commission to improve awareness about the tools relating to information provision on the freedom of movement of workers and reporting discrimination as well as to make better use of available information in order to identify types of discrimination.

Amendment    6

Proposal for a regulation

Recital 2 d (new)

Text proposed by the Commission

Amendment

 

(2d)  Severe labour exploitation occurs in many economic sectors in the Union and affects diverse groups of cross-border workers, both Union citizens and third-country nationals. As recommended by the European Union Agency for Fundamental Rights in its report entitled ‘Severe labour exploitation: workers moving within or into the European Union’ from 2015, such practices should be addressed among others through a comprehensive system of targeted inspections of working conditions;

Amendment    7

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  The European Pillar of Social Rights highlights that everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects, stresses that everyone has the right to transfer social protection and training entitlements during professional transitions, underlines that young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing and underlines that unemployed people have the right to personalised, continuous and consistent support.

Amendment    8

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  As outlined in their Joint Declaration on the legislative priorities for 2018-2019, the European Parliament, the Council and the Commission are committed to taking action to reinforce the social dimension of the Union, by working on improving the coordination of social security systems36 , by protecting workers from health risks in the workplace37 , by ensuring fair treatment for all in the Union labour market through modernised rules on posting of workers38 , and by further improving cross-border enforcement of the Union law.

(4)  As outlined in their Joint Declaration on the legislative priorities for 2018-2019, the European Parliament, the Council and the Commission are committed to taking action to reinforce the social dimension of the Union, by working on improving the coordination of social security systems36 , by protecting all workers from health risks in the workplace37 , by ensuring fair treatment for all in the Union labour market through modernised rules on posting of workers38 , and by further improving cross-border enforcement of the Union law.

_________________

_________________

36 Proposal for a Regulation of the European Parliament and of the Council 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 (COM (2016) 815 final.

36 Proposal for a Regulation of the European Parliament and of the Council 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 (COM (2016) 815 final.

37 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (COM(2017) 11 final).

37 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (COM(2017) 11 final).

38 Proposal for a Directive of the European Parliament and of the Council amending 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 (COM (2016) 128 final).

38 Proposal for a Directive of the European Parliament and of the Council amending 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 (COM (2016) 128 final).

Amendment    9

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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.

(5)  A European Labour Authority (the ‘Authority’) should be established in order to help facilitate cross-border labour mobility, strengthen social justice and trust in the Single Market and ensure equal access to employment and social security for mobile citizens as well as to enhance the protection of labour rights and to assist tackling unemployment, while respecting the principles of proportionality and subsidiarity. 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 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.

Amendment    10

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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. 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.

(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. 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, it should be able to report them and cooperate efficiently and without delay on these matters with the Commission, competent Union bodies, and national authorities where appropriate.

Amendment    11

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  Undeclared work often has a cross-border dimension and can have serious implications for the workers concerned. Some vulnerable groups, such as third-country nationals, are particularly exposed to undeclared work and the denial of basic workers’ rights connected with it. The Authority should maintain and further develop the European Platform to enhance cooperation in tackling undeclared work established by Decision (EU) 2016/344 of the European Parliament and the Council and should further strengthen Union-level cooperation in that field.

Amendment    12

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The Authority should contribute to facilitating 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 facilitate 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 .

(7)  The Authority should contribute to facilitating 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 facilitate 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 efficient 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).

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).

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) 2016/589 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).

41 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).

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).

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).

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).

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).

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).

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).

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).

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).

Amendment    13

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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.

(9)  The individuals covered by the activities of the Authority should be both Union citizens and third-country nationals who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons in Union cross-border mobility situations.

Amendment    14

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9 a)  For the gradual establishment of an area of freedom, security and justice as provided for in the Treaties, Union legal acts have been adopted to regulate the conditions for the entry, residence or employment of certain categories of third country nationals, such as EU Blue Card holders pursuant to Council Directive 2009/50/EC1a, intra-corporate transferees pursuant to Directive 2014/66/EU of the European Parliament and of the Council1b or long-term residents pursuant to Council Directive 2003/109/EC 1c, as well as for their family members and to provide for sanctions and measures against employers of illegally-staying third-country nationals pursuant to Directive 2009/52/EC of the European Parliament and of the Council1d. The cross-border aspects of the application of such legislation should be included in the scope of the activities of the Authority..

 

__________________

 

1a Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p. 17).

 

1b Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1).

 

1c Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).

 

1d Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

Amendment    15

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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.

(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. At the same time, it should serve to respect and implement existing rights and obligations in line with Union law and international labour standards.

Amendment    16

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with 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.

(13)  In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with 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. Data exchange, in particular of social security data, should take into account cyber criminality and security aspects, and should be strictly regulated.

Amendment    17

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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.

(14)  To increase Member States' capacity to tackle labour irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities and social partners in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States 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.

Amendment    18

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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.

(15)  In order to keep track of emerging trends, challenges, or loopholes 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 authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on 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, while respecting data protection rules and taking into account cybersecurity risks. This does not entail the creation of new reporting obligations for Member States.

Amendment    19

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 purpose. 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.

(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 democratic 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 purpose. 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.

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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.

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.

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    20

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  The Member States 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.

(21)  The Member States, social partners, the European Parliament 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, and the ILO may participate in the meetings of the Management Board as observers.

Amendment    21

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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. 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.

(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, the ILO and relevant civil society organisations. 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    22

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25)  Processing of personal data carried out in the context of this Regulation should be conducted in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council64 , or Regulation (EC) No 45/2001 of the European Parliament and of the Council65 , whichever is applicable. This includes putting in place appropriate technical and organisational measures to comply with the obligations imposed by these Regulations, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects.

(25)  Any processing of personal data carried out by the Authority in the context of this Regulation should be conducted in accordance with Regulation (EU) 2018/...of the European Parliament and of the Council1a. Any processing of personal data carried out by Member States within the framework of this Regulation, in particular in the context of concerted or joint inspections, should be conducted in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council1b. In cases where the processing of personal data is necessary primarily for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, especially in the context of concerted or joint inspections uncovering irregularities of a criminal nature such as labour exploitation or trafficking in human beings, the processing of such personal data should be conducted in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council1c. Appropriate technical and organisational measures to comply with the obligations imposed by these Regulations, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects, should be put in place by the Authority.

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1a Regulation (EC) 2018/ of the European Parliament and of the Council of 24 October 2018on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L ... of ...) .

 

1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, p. 1).

 

1c Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

64 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, p. 1).

 

65 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L8, 12.1.2001, p. 1), currently under revision by COM(2017) 8 final.

 

Amendment    23

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  Within the framework of their respective competences, the Authority should cooperate 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).

(30)  Within the framework of their respective competences, the Authority should cooperate 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).

Amendment    24

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

 

(30 a)  Within the framework of their respective competences, the Authority should also establish effective cooperation with the European Union Agency for Law Enforcement Cooperation (Europol) and the European Union Agency for Criminal Justice Cooperation (Eurojust) in the fight against organised crime and, in so far as organised crime is linked to fraud against the Union's budget, the European Public Prosecutor's Office (EPPO). In order to combat trafficking in human beings, with special focus on trafficking for labour exploitation, the Authority should also work together, where appropriate, with the other Union agencies active in the area of justice and home affairs (such as the European Union Agency for Fundamental Rights(FRA), the European Asylum Support Office (EASO), the European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Monitoring Centre for Drugs and Drug Addiction(EMCDDA), the European Institute for Gender Equality (EIGE), the European Border and Coast Guard Agency (Frontex), the EU Agency for Law Enforcement Training (CEPOL)) and the EU Anti-Trafficking Coordinator.

Amendment    25

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(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 cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities 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.

(36)  Since the objectives of this Regulation to support the free movement of workers and services and to contribute to strengthening social justice in the internal market cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities 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.

Amendment    26

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union,

(37)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union. It also takes into account the European Pillar of Social Rights,

Amendment    27

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  facilitate the identification of barriers to freedom of movement, access to employment and access to social security in the internal market.

Amendment    28

Proposal for a regulation

Article 2 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  coordinate measures to enhance free movement, a Union-wide fair labour competition market and decent working conditions as well as adequate social protection for all workers and members of their families.

Amendment    29

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

(a)  facilitate access to information by individuals, social partners 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;

Justification

Article 5 of Directive 2014/54/EU of the European Parliament and of 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, provides that “Member States shall promote dialogue with the social partners and with relevant non-governmental organisations which have, in accordance with national law or practice, a legitimate interest in contributing to the fight against unjustified restrictions and obstacles to the right to free movement, and discrimination on grounds of nationality, of Union workers and members of their family with a view to promoting the principle of equal treatment.”. See also Recital 23 of the same directive.

Amendment    30

Proposal for a regulation

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  carry out analyses and risk assessments on issues of cross-border labour mobility, in accordance with Article 11;

(d)  carry out analyses and risk assessments on issues of cross-border labour mobility and barriers to the free movement of workers and services, in accordance with Article 11;

Amendment    31

Proposal for a regulation

Article 5 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  provide capacity building support to Member States with regard to making targeted inspections to identify and sanction severe labour exploitation practices;

Amendment    32

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

The Authority shall improve the availability, quality and accessibility of information offered to individuals, social partners 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:

Amendment    33

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;

(c)  provide relevant information to individuals, social partners and employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers, EU Blue Card holders, intra-corporate transferees, long-term residents, and the family members of such workers;

Amendment    34

Proposal for a regulation

Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  register complaints of workers and employers with regard to alleged infringements of the right to free movement of workers, freedom of establishment and freedom to provide services in the internal market and issue proposals to competent member State authorities and the Commission to solve such issues;

Amendment    35

Proposal for a regulation

Article 6 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  support Memb