Minutes - Results of votes - Tuesday, 29 May 2018

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Minutes - Results of votes

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Tuesday, 29 May 2018 - Strasbourg

Abbreviations and symbols

1. Extension of the term of office of the Special Committee on Terrorism

2. Fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea ***I

3. Statistics of goods transport by inland waterways (codification) ***I

4. EU-Switzerland Agreement on the cumulation of origin between the EU, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences ***

5. EU-Norway Agreement on the cumulation of origin between the EU, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences ***

6. EU-Norway Agreement on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax *

7. Optimisation of the value chain in the EU fishing sector

8. Implementation of CAP young farmers' tools in the EU after the 2013 reform

9. Multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks ***I

10. Posting of workers in the framework of the provision of services ***I

Report: Elisabeth Morin-Chartier and Agnes Jongerius (A8-0319/2017)


Subject	Am No	Author	RCV etc.		Vote		RCV/EV – remarks
Provisional agreement
Provisional agreement	39	committee	RCV		+		456, 147, 49
Commission statement	55	committee			+
Draft legislative act
Text as a whole	39CP	committee			↓
Amendments by the committee responsible – put to the vote collectively	1-4 6-10 12 14-26 30-38	committee			↓
Article 1, before point 1	50rev	ECR			↓
Article 1, §1, point 1 Directive 96/71/EC After Article 2	27	committee			↓
Article 1, § 1, point 2, point a Directive 96/71/EC Article 3, § 1, sub§ 1, point c	46	ENF			↓
Article 1, § 1, point 2, point a Directive 96/71/EC Article 3, § 1, sub§ 2 (concept of remuneration)	47	ENF			↓
	39CP	committee			↓
	28CP	committee			↓
Article 1, § 1, point 2, point a Directive 96/71/EC Article 3, § 1, after sub§ 3a	48	ENF			↓
Article 1, § 1, point 2, point b Directive 96/71/EC Article 3, after § 1	49	ENF			↓
	39CP	committee			↓
	29	committee			↓
Article 1, §1, point 2, point b Directive 96/71/EC Article 3, after §1, sub§ 4	39CP	committee	RCV		↓
Article 1, §1, point 2, point e Directive 96/71/EC Article 3, § 8	39CP	committee			↓
After recital 3 (Commission proposal)	5	committee			↓
	39CP	committee			↓
	40	ENF			↓
After recital 5 (Commission proposal)	41	ENF			↓
	42	ENF			↓
Recital 8 (Commission proposal)	43	ENF			↓
	39CP	committee			↓
	11	committee			↓
Recital 10 (Commission proposal)	44	ENF			↓
	13	committee			↓
	39CP	committee			↓
After recital 14 (Commission proposal)	45	ENF			↓
Recital 7 (amendment 39)	39CP	committee	split
			1		↓
			2/RCV		↓
Recital 10 (amendment 39)	39CP	committee	split
			1/RCV		↓
			2		↓
Recital 11 (amendment 39)	39CP	committee	split
			1		↓
			2		↓
Recital 16 (amendment 39)	39CP	committee	RCV		↓
Recital 17 (amendment 39)	39CP	committee	split
			1/RCV		↓
			2		↓
Recital 19 (amendment 39)	39CP	committee	split
			1/RCV		↓
			2		↓
Recital 23 (amendment 39)	39CP	committee	RCV		↓
Recital 26 (amendment 39)	39CP	committee	split
			1		↓
			2/RCV		↓
Vote: Commission proposal				RCV		↓


Requests for roll-call votes
ENF:	Amendment 39CP (recitals 7 (2nd part), 10 (1st part), 16, 17 (1st part), 19 (1st part), 23, 26 (2nd part))
	Amendment 39CP (Article 1, §1, point 2, point b, Article 3, after §1, sub§ 4 (‘Where the undertaking referred to ... the individual workers concerned.’))


Requests for separate votes
38+ Members	amendments 11, 27
	amendment 39CP (recital 10)
	amendment 39CP (Article 1, §1, point 2, point b, Article 3, after §1 (‘1a. When the effective duration ... address(es) of the workplace.’
	amendment 39CP (Article 1, §1, point 2, point e, Article 3, § 8 (‘In Paragraph 8, the terms ... in a similar position.’))


Requests for split votes
ENF:
amendment 39CP (recital 7)
First part	‘The principle of equal treatment and the prohibition of any discrimination based on nationality have been enshrined in Union law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fixed term contracts and comparable permanent workers, between part-time and full-time workers and between temporary agency workers and comparable workers of the user undertaking.’ "
Second part	‘These principles include the prohibition of any measures which directly or indirectly discriminate on grounds of nationality. While applying those principles, the relevant case-law of the Court of Justice of the European Union is to be taken into consideration.’
amendment 39CP (recital 10)
First part	‘Posting is of a temporary nature and the posted worker usually returns to the country of origin after the completion of the work for which he has been posted.’
Second part	‘However, in view of the long duration of certain postings, and in acknowledgment of the link between the labour market of the host country and the workers posted for such long periods, it is necessary to provide that, in case of posting lasting for periods longer than 12 months, host countries should ensure that undertakings posting workers to their territory guarantee an additional set of terms and conditions that are mandatorily applicable to workers in the Member State where the work is carried out. That period should be extended upon motivated notification by the service provider.
amendment 39CP (recital 17)
First part	‘When comparing the remuneration paid to the posted worker and the remuneration due in accordance with the laws and/or practices of the Member State to which territory the worker is posted, the gross amount of remuneration should be taken into account. The total gross amounts of remuneration should be compared, rather than individual elements of remuneration rendered mandatory as provided for in Article 3(1).’
Second part	‘In order to ensure transparency and assist the competent authorities when carrying out checks and controls, it is nevertheless necessary that the elements, which are part of the remuneration, can be identified in enough detail according to national law and practice of the sending Member State. As provided for in Article 3(7) of Directive 96/71/EC, allowances specific to the posting should be considered to be part of the remuneration. Such allowances should therefore be taken into account for the comparison, unless they concern expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.’
amendment 39CP (recital 19)
First part	‘The elements of remuneration and other terms and conditions of employment under national law or collective agreements as referred to in Article 3 (8) should be clear and transparent to all service providers and posted workers. In addition to the requirements under Article 5 of Directive 2014/67/EU of the European Parliament and of the Council, it is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration, and the additional set of terms and conditions in accordance with Article 3 (1a), on the single website provided for by Article 5 of Directive 2014/67/EU as transparency and access to information is essential for legal certainty and law enforcement. Each Member State should ensure that its website contains accurate information and is updated on a regular basis.’
Second part	‘Any sanctions to a service provider for non-compliance with the terms and conditions of employment to be ensured to posted workers should be determined in a proportionate manner, taking into account, in particular, whether the information on the single national website on the terms and conditions of employment is provided in conformity with Article 5 of Directive 2014/67/EU, respecting the autonomy of the social partners.’
amendment 39CP (recital 26)
First part	‘Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. That principle should also apply to temporary agency workers posted to another Member State. Where that principle applies, the user undertaking should inform the temporary-work agency about the working conditions and remuneration it applies to its workers. Member States can under certain conditions provide for exceptions from the equal treatment/equal pay principle pursuant to Art. 5(2) and Art. 5(3) of the temporary agency work directive. When such an exception applies, the temporary work agency has no need for the information about the user undertaking's working conditions and the information requirement should therefore not apply. Experience shows that workers that have been hired out by a temporary agency to a user undertaking are sometimes sent to another Member State in the context of the provision of services. The protection of those workers should be ensured.
Second part	‘Member States should ensure that the user undertaking informs the temporary work agency about the posted workers that are temporarily working in a Member State other than the Member State to which they have been posted, in order to allow the employer to apply, as appropriate, the terms and conditions of employment that are more favourable to the posted worker.’
38+ Members:
amendment 39CP (recital 11)
First part	Text as a whole excluding the words: ‘also in cases where the posting exceeds 12 months. Any provision applicable to workers posted in the context of a posting exceeding 12 months must thus be compatible with that freedom.’
Second part	those words

Miscellaneous

Amendments 51, 52, 53, 54 had been withdrawn.

11. Management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation ***I

12. Sustainable finance

13. The 2017 EU Justice Scoreboard

Last updated: 23 July 2018

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