amendment list, 4 June 2025
Public interface connected to the Internal Market Information System for the declaration of posting of workers and amending Regulation (EU) No 1024/2012
Document CJ52-AM-774325 · (COM(2024)0531 – 2024/0301(COD))
Committee on Employment and Social Affairs Committee on the Internal Market and Consumer Protection
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Text 1,266 paragraphs
Amendment 32
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. | (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. Article 9(1), point (b), allows Member States to impose an obligation on service providers to, inter alia, keep or make available and/or retain copies, in paper or electronic form, of employment related documents during the period of posting in an accessible and clearly identified place in its territory. Article 9(1), point (c), allows Member States to impose an obligation on service providers to deliver those documents after the period of posting at the request of the authorities of the host Member State, within a reasonable period of time. |
Or. en
Amendment 33
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. | (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and promote fair competition between service providers thus supporting the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities containing the relevant information necessary in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. |
Or. en
Read the rest (1,254 paragraphs)
Amendment 34
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. | (2) To facilitate the aim of Directive 2014/67/EU to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular the enforcement of the terms and conditions of employment that apply in the Member State where the service is to be provided, as well as to exercise the freedom to provide services, the functioning of the internal market, as well as to ensure fair competition. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. |
Or. en
Amendment 35
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used their margin of discretion afforded under Directive 2014/67/EU through the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing in design, requirements and functionality, given also the diversity of national enforcement systems, actors and practices that exist among Member States. Complying with these individual systems creates additional administrative work for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative preconditions for the cross-border provision of services in the internal market. |
Or. en
Amendment 36
Maria Grapini
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used the possibility to impose a standard self-declaration. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market, with the introduction of a standard self-declaration in all the Member States through which to cut red tape. |
Or. ro
Amendment 37
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. In some cases, complex procedures may even halt companies from posting their workers. |
Or. en
Amendment 38
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Ernő Schaller-Baross, Marie Dauchy, Mélanie Disdier, Pál Szekeres
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality in accordance with Directive 2014/67/EU. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. |
Or. en
Amendment 39
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers, in particular SMEs. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. |
Or. en
Amendment 40
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. | (3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing in design, requirements and functionality reflecting the diversity of national systems and practices, as well as the different needs and risks in different sectors. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative preconditions for the cross-border provision of services in the internal market. |
Or. en
Amendment 41
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3 a) Similarly, stakeholders, especially social partner organisations and enforcement authorities, including the European Labour Authority (ELA), have consistently highlighted the risk of abusive practices associated with the posting of workers, such as violation of equal treatment, leading to unfair competition and social dumping. |
Or. en
Amendment 42
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3 a) Unfair competition through abusive practices and the violation of equal treatment of posted workers distorts the internal market by creating an unlevel playing field, putting the many bona fide companies that respect the law at a disadvantage. |
Or. en
Justification
Highlighting the distorting effect abusive and illegal posting practices have on honest and law-obeying companies.
Amendment 43
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. The reported information allows for better data collection and cross-referencing, thereby also enabling more targeted inspections and evidence-based policy-making. A streamlining of those requirements may help to facilitate administrative cooperation and cross-border information exchange with a view to further enhance the enforcement purpose for which they were intended while also avoiding duplication of administrative requirements. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be streamlined through a common set of minimum information requirements, in order to facilitate the declaration of postings by service providers established in other Member States and posting workers to the host Member States while ensuring that national competent authorities are fully equipped with the necessary information and tools they need to effectively monitor and enforce the protection of posted workers in accordance with Article 9(1), point (a), of Directive 2014/67/EU. |
| 5 COM(2023) 168 final. |
Or. en
Amendment 44
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified without prejudice to the adequate protection of posted workers’ rights under Directive 96/71/EC and its enforcement under Directive 2014/67/EU, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities who also face administrative burden when requesting information or mutual assistance thus hampering the effective monitoring of compliance with rules on the posting of workers. |
| 5 COM(2023) 168 final. | 5 COM(2023) 168 final. |
Or. en
Amendment 45
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. Better streamlining of national reporting systems requirements may contribute to better administrative cooperation and cross-border exchange of information with a view to targeted and effective inspections and enhanced enforcement. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be partially streamlined through a common set of minimum reporting requirements in order to facilitate the declaration of postings for service providers established in other Member States and posting workers to the host Member States as well as to ensure that national competent authorities are equipped with the necessary information to effectively monitor and enforce the protection of posted workers’ rights in accordance with Article 9(1) of the Directive 2014/67/EU. |
| 5 COM(2023) 168 final. |
Or. en
Amendment 46
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit any excessive administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5, while also preserving sufficient flexibility for Member States to define and adapt specific obligations in line with their national systems, in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. |
| 5 COM(2023) 168 final. | 5 COM(2023) 168 final. |
Or. en
Amendment 47
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they are proportionate, clearly targeted, and fulfil their intended purpose without increasing administrative costs or creating unnecessary bureaucratic burdens for businesses, users or Member States. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. |
| 5 COM(2023) 168 final. | 5 COM(2023) 168 final. |
Or. en
Amendment 48
Kosma Złotowski
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. | (4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. It is crucial to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. The reporting obligations and requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’5 , in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. |
| 5 COM(2023) 168 final. | 5 COM(2023) 168 final. |
Or. en
Amendment 49
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Reducing the administrative burden for service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. | (5) Such a partial streamlining of administrative requirements for service providers and the information collected by national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers, with a view to ensuring that national competent authorities and social partners have access to the information they need to effectively enforce applicable legislation and collective agreements. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. |
Or. en
Amendment 50
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Reducing the administrative burden for service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. | (5) Such a streamlining of administrative requirements for service providers and the information collected by national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers, with a view to ensuring that national competent authorities and social partners have access to the information they need to effectively enforce applicable legislation and collective agreements. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. |
Or. en
Amendment 51
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Reducing the administrative burden for service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. | (5) Reducing the administrative burden for service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights, ensuring that posted workers enjoy the same level of rights and protections as local workers in the host Member State, wherever applicable, to ensure fair competition and prevent any form of social dumping. |
Or. en
Amendment 52
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Reducing the administrative burden for service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights. | (5) Reducing the administrative burden for service providers and national competent authorities must concur with full respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers’ rights and the fight against abusive practices and undeclared work which undermine workers’ fundamental rights as well as a level playing field for compliant service providers. |
Or. en
Amendment 53
Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5 a) Particularly in intra-European border regions the free movement of persons and services characterises everyday working life. It has led to diverse forms of labour mobility. Cross-border work therefore plays a prominent role in these border regions. Against this background and in view of the European Commission's efforts to reduce bureaucracy in order to strengthen the internal market, the European Parliament calls on the Commission and the Council to examine exemptions from the obligation to declare postings for SMEs in intra-European border regions, defined in accordance with the Nomenclature of territorial units for statistics (NUTS) as regions with a land border or regions where more than half of the population lives within 25 km of land borders. In particular, the concept of a one-year global permit for SMEs to post their employees to neighbouring Member States, provided that these SMEs have respected and complied with all posting laws in the past five financial years, should be considered. |
Or. en
Justification
In cross-border regions, labour mobility is part of daily life. To reduce red tape and strengthen the internal market, SMEs with a strong compliance record should benefit from simplified procedures—such as a one-year global permit for postings. Exemptions for border regions (per NUTS criteria) would ease burdens while maintaining worker protection.
Amendment 54
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5 a) Self-employed persons should also be able to benefit from the possibility to submit posting declarations provided for in this Regulation, on a voluntary basis. Facilitating access to such a mechanism may enhance transparency, strengthen oversight, and support the protection and enforcement of their rights. |
Or. en
Amendment 55
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States making use of the public interface (‘participating Member States’). These Member States should then, if necessary, use the information received through IMI to make reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. | (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States making use of the public interface (‘participating Member States’), simultaneously feeding into the IMI repository as well as into the back-end systems of national competent authorities, in order to ensure interoperability. Member States may consequently, where necessary for purposes such as data aggregation and cross-referencing, use the information received through IMI by making reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. Importantly, the information collected via the public interface will predominantly be used by Member States receiving posted workers to their territory with a view to ensure effective monitoring and enforcement of applicable rules and requirements. Specific information requirements should therefore also help to identify and address high-risk postings, such as those involving complex subcontracting chains, labour intermediaries, letterbox companies, third-country national workers, fake postings or bogus self-employment. |
Or. en
Amendment 56
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States making use of the public interface (‘participating Member States’). These Member States should then, if necessary, use the information received through IMI to make reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. | (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States making use of the public interface (‘participating Member States’) simultaneously feeding into the IMI repository as well as into the back-end systems of national competent authorities, in order to ensure interoperability. These participating Member States should then, if necessary, use the information received through IMI to make reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. |
Or. en
Amendment 57
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States making use of the public interface (‘participating Member States’). These Member States should then, if necessary, use the information received through IMI to make reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. | (6) In accordance with Article 12 of Regulation (EU) No 1024/2012 technical means may be provided to allow external actors to interact with IMI. Such an interaction should be facilitated by a multilingual electronic public interface connected to IMI (‘the public interface’) through which service providers should submit posting declarations to the Member States. These Member States should then, if necessary, use the information received through IMI to make reasoned requests in the IMI posting modules in accordance with the obligation to provide mutual administrative cooperation and assistance referred to in Articles 6 and 7 of Directive 2014/67/EU. |
Or. en
Amendment 58
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) The European added value is the sharing of information related to the posting of workers in IMI, which should improve data collection and cross-referencing. This in turn, should enhance cross-border cooperation on identifying and combatting fraud and abusive practices that involve complex subcontracting chains, labour intermediaries, letterbox companies, fake postings, third-country national workers or bogus self-employment. |
Or. en
Amendment 59
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 6 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (6 b) Specific information requirements should therefore also help to identify and address high-risk postings involving companies who have a proven record of utilising the posting of workers to undermine the freedom of association, such as in the case of Tesla's systematic use of posted workers as strike breakers. |
Or. en
Amendment 60
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. | (7) A simplification of the process of sending, updating and tracing posting declarations resulting from the creation of such a public interface should help to partially streamline administrative requirements concerning the freedom of undertakings to provide services in another Member State with their own workers, while ensuring the protection of posted workers during their posting in relation to that freedom to provide services. |
Or. en
Amendment 61
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. | (7) A simplification of the process of sending, updating and tracing posting declarations resulting from the creation of such a public interface should help streamline administrative requirements concerning the freedom of undertakings to provide services in another Member State with their own workers, while ensuring the protection of posted workers during their posting in relation to that freedom to provide services. |
Or. en
Amendment 62
Maria Grapini
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. | (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers, so as to facilitate the internationalisation of business. |
Or. ro
Amendment 63
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. | (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers and facilitate intra-EU labour mobility. |
Or. en
Amendment 64
Kosma Złotowski
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. | (7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface will reduce administrative barriers to the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. |
Or. en
Amendment 65
Grégory Allione, Valérie Devaux, Stéphanie Yon-Courtin, Marie-Pierre Vedrenne, Sandro Gozi
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending and updating posting declarations through a public interface aims at facilitating a better application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules. It intends to facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. To that end, the standard form contains a list of information necessary for allowing controls in any Member State. This list should be amended at the request of a Member State to take into account its national needs to allow factual controls at the workplace. That information may consist of, inter alia, elements related to working conditions and collective accommodation, where relevant. |
Or. en
Amendment 66
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending, updating and tracing posting declarations should facilitate a better, more uniform and effective application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights and will contribute to the fight against the circumvention and abuse of posting rules, undeclared work and labour exploitation in the context of posting of workers. |
Or. en
Amendment 67
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, by improving the collection and comparability of data via a standard form as established in Annex I and reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. |
Or. en
Amendment 68
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending, updating and tracing posting declarations should facilitate a more uniform and effective application of Directive 96/71/EC as well as its enforcement in practice. By allowing for better data collection, aggregation and cross-referencing, the dedicated IMI repository, it will facilitate cross-border cooperation and the carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights and to tackle undeclared posting and social dumping. |
Or. en
Amendment 69
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending, updating and tracing posting declarations should facilitate a more uniform and effective application of Directive 96/71/EC as well as its enforcement in practice. By allowing for better data collection, aggregation and cross-referencing, the dedicated IMI repository will facilitate cross-border cooperation and the carrying out of effective and adequate inspections by the Member States, tackling fraud and abuse, thereby contributing to the protection of posted workers’ rights. |
Or. en
Amendment 70
Kosma Złotowski
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The simplification of the process of sending and updating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. | (8) The simplification of the process of sending and updating posting declarations will facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers’ rights. |
Or. en
Amendment 71
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. | (9) A simplification of the process of sending, updating and tracing posting declarations should reduce obstacles to cross-border enforcement and the administrative cooperation of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to more effective enforcement and the proper functioning of the internal market. |
Or. en
Amendment 72
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. | (9) A simplification of the process of sending, updating and tracing posting declarations should reduce the obstacles to cross-border enforcement and administrative cooperation of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to more effective enforcement and the proper functioning of the internal market. |
Or. en
Amendment 73
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. | (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States and improve data collection as a way to better target inspections. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. |
Or. en
Amendment 74
Kosma Złotowski
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. | (9) A simplification of the process of sending and updating posting declarations will reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. |
Or. en
Amendment 75
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers and to allow for factual controls in the workplace. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations and the uploading of documents where required. The public interface should validate the data in the posting declarations from a technical point of view to ensure, to the extent possible, the plausibility and technical accuracy of the information provided and the format of the data. Such validation could be carried out by integrating a check against relevant Union or national registries, such as address or business registries, into the public interface. User action on the part of the service provider in the public interface concerning posting declarations and the data included therein should be recorded and logged in order to provide full transparency and traceability. |
Or. en
Amendment 76
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers and to allow for factual controls in the workplace. This public interface should support participating Member States in their task to ensure that the procedures and formalities relating to the posting of workers to their Member State can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required, so as to ensure the effective collection and operationalisation of the necessary information required. |
Or. en
Amendment 77
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers and to allow for factual controls in the workplace. This public interface should support participating Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required, so as to ensure the effective collection and operationalisation of the necessary information required. |
Or. en
Amendment 78
Arba Kokalari, Andrea Wechsler, Angelika Winzig
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for voluntary use by Member States. The Commission should actively encourage and support Member States to make use of this public interface in a manner that best suits their national contexts. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
Or. en
Amendment 79
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface and the standard form as established in Annex I to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings free of charge, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
Or. en
Amendment 80
Miriam Lexmann
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for Member States in order to facilitate service providers to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations. |
Or. en
Amendment 81
Kosma Złotowski
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for mandatory use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface will support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
Or. en
Amendment 82
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. | (10) The Commission should set up a public interface for mandatory use by Member States. Member States should require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
Or. en
Amendment 83
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10 a) Many service providers, especially SMEs, request an improvement in the accessibility of information on applicable national labour and social legislation and applicable collective agreements as provided for in Article 5 of Directive 2014/67/EU. In its March 2023 booklet ‘Lessons learnt for single national websites on the posting of workers’, the European Labour Authority (ELA) states, among other things, the added value of coherent, complete and up-to-date translations of the website in all its available languages and comprehensive information on applicable collective agreements in the case of postings. Given the complexity of the applicable legislation and ELA's recommendations, the digital interface should also play a key role in the accessibility of information in accordance with Article 5 of Directive 2014/67/EU. |
Or. en
(See Article 5 of Directive 2014/67/EU.)
Justification
To support SMEs and ensure compliance with Article 5 of Directive 2014/67/EU, the interface must provide clear, multilingual access to national labour, social, and fiscal rules as well as collective agreements. This enhances legal certainty, protects workers’ rights, and follows ELA’s 2023 recommendations on accessible and complete information.
Amendment 84
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10 a) Currently, the posting of workers and social security coordination follow different notification procedures. Companies have to use different portals to submit posted workers notification and apply for a portable document A1. The Commission should explore possibilities to extend the use of the public interface and data reusability, especially in regard to portable document A1, with the goal of bringing posted workers’ notification and A1 certificate applications closer together and potentially merging them in the future. |
Or. en
Amendment 85
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10 a) Member States and the Commission should continuously cooperate to identify and eliminate unnecessary administrative steps and requirements in the posting declaration process, ensuring that digital tools effectively reduce regulatory burdens for businesses without compromising worker protections. |
Or. en
Amendment 86
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 10 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10 b) The public interface offers great potential as information platform in line with Article 5(2), point (a), of Directive 2014/67/EU. Since the applicable labour and social legislation and the exemptions from the obligations to declare a posting vary among Member States, the public interface should, in accordance with Article 5(2), point (a), of Directive 2014/67/EU, provide companies and service providers with the relevant applicable laws and collective agreements, an overview of the exemptions from the obligation to declare a posting, and fiscal legislation of all Member States, including those that do not make use of the public interface, in all the official languages of the Union. This information ensures respecting worker’s rights, guarantees legal certainty and helps companies, especially SMEs, for whom researching the applicable labour law is otherwise particularly difficult and demanding. |
Or. en
(See Article 5 of Directive 2014/67/EU.)
Justification
To support SMEs and ensure compliance with Article 5 of Directive 2014/67/EU, the interface must provide clear, multilingual access to national labour, social, and fiscal rules as well as collective agreements. This enhances legal certainty, protects workers’ rights, and follows ELA’s 2023 recommendations on accessible and complete information.
Amendment 87
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Recital 10 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10 b) The Commission should actively promote the use of emerging digital technologies such as AI, automated compliance checks, and interfaces compatible with devices and platforms, including mobile-friendly interfaces to enhance the accessibility and effectiveness of the public interface, supporting the free movement of services and workers. |
Or. en
Amendment 88
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. | (12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. The Commission should be assisted by the expert group on a common electronic form for the declaration of posting of workers and should monitor the proper functioning of the public interface on a regular basis and on the basis of alerts from the social partners, businesses or the national competent authorities. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. |
Or. en
Amendment 89
Miriam Lexmann
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. | (12) The public interface connected to IMI is a technical means made available by the European Commission for use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. |
Or. en
Amendment 90
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. | (12) The public interface connected to IMI is a technical means made available by the European Commission for mandatory use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, by date of application of this Regulation, in line with Union law. |
Or. en
Amendment 91
Kosma Złotowski
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. | (12) The public interface connected to IMI is a technical means made available by the European Commission for mandatory use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. |
Or. en
Amendment 92
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration to the national competent authorities of a Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. The translation facility in IMI should allow the national competent authorities to translate the documents from and into any of the official languages of the Union. This should remove the need for an obligation on the service provider to provide a translation of these documents. |
Or. en
Amendment 93
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted i.e. the host Member, using a multilingual, user-friendly standard form that public interface. This form should be accessible across devices and platforms to support smooth cross-border service provision. It should also include clear guidance and support features to help service providers complete the declaration efficiently. |
Or. en
Amendment 94
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface with a common set of minimum information requirements. |
Or. en
Amendment 95
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface and the standard form as established in Annex I. |
Or. en
Amendment 96
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration and make available relevant documents to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. |
Or. en
Amendment 97
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual public interface with a common set of minimum information requirements. |
Or. en
Amendment 98
Maria Grapini
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of that public interface. | (14) Service providers should be able to submit a standard self-declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State. |
Or. ro
Amendment 99
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14 a) Regardless of the formal process of registering a posting, the public interface, in its function as an information platform and in the spirit of Article 5(2), point (a), of Directive 2014/67/EU, must enable service providers to user-friendly access to the relevant applicable labour and social legislation, an overview of the exemptions from the obligation to declare a posting, as well as the applicable collective agreements and fiscal legislation of all Member States in all official EU languages. This ensures the protection of labour rights and guarantees legal certainty. |
Or. en
(See Article 5 of Directive 2014/67/EU.)
Justification
To support SMEs and ensure compliance with Article 5 of Directive 2014/67/EU, the interface must provide clear, multilingual access to national labour, social, and fiscal rules as well as collective agreements. This enhances legal certainty, protects workers’ rights, and follows ELA’s 2023 recommendations on accessible and complete information.
Amendment 100
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14 a) Upon the request of a Member State, where the law of a Member State requires that certain types of self-employed persons submit a declaration, those self-employed persons should be able to submit a declaration via the public interface. |
Or. en
Amendment 101
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14 a) Where the law of a Member State requires certain categories of self-employed persons to declare their postings, it should be possible for those self-employed persons to use the public interface to submit such declarations. |
Or. en
Amendment 102
Arba Kokalari, Andrea Wechsler, Angelika Winzig
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. The form should be simple and user-friendly to reduce administrative burdens. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. Furthermore, the Commission should actively encourage Member States to participate in and continuously enhance the use of this standard form. This approach will promote seamless cross-border service provision and labour mobility within the internal market, without introducing new or disproportionate regulatory requirements. |
Or. en
Amendment 103
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from an informal expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the necessary information collected and used by Member States to carry out factual controls at the workplace. The Commission considered the input from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers, with particular regard to the opinions of Member States having expressed a preliminary interest to participate. Taking into account this advice and in order to allow for the provision of information that may be necessary to allow factual controls at the workplace, a standard form used by the multilingual electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The public interface should be available in all EU languages. To ensure interoperability, Member States may decide that certain elements in addition to those contained in the standard form should be added based on what they consider relevant in view of their national context and the way they organise the factual controls at the workplace, thereby requiring from service providers posting workers to their territory that all the necessary pieces of information required in accordance with national law can also be automatically fed into national back-end systems by filling in the form via the electronic public interface. |
Or. en
Amendment 104
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from an informal expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has considered the input from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers, with particular regard to the opinions of Member States having expressed a preliminary interest to participate. Taking into account this advice and in order to allow for the provision of information that may be necessary to allow factual controls at the workplace, a standard form used by the multilingual electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The public interface should be available in all EU languages. To ensure interoperability, Member States may decide that certain elements in addition to those contained in the standard form, and which they consider relevant in view of their national context and the way they organise the factual controls at the workplace as well as of sector-specific risks, thereby requiring from service providers posting workers to their territory that all the necessary pieces of information required in accordance with national law can also be automatically fed into national back-end systems by filling in the form via the electronic public interface. |
Or. en
Amendment 105
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of information that may be necessary to allow factual controls at the workplace, a standard form used by the multilingual electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and social partners, and the service recipient. The public interface should be free of charge and available in all EU languages. |
Or. en
Amendment 106
Chiara Gemma, Francesco Torselli, Elena Donazzan, Mariateresa Vivaldini
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice, the applicable Union law and the national measures transposing Directive 2014/67/EU, and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact persons for competent authorities and for social partners, and the service recipient. |
Or. en
Amendment 107
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) In order to define the elements of the standard form for the declaration of posting of workers, the Coordinated Network for Monitoring the Posting of Workers referred to in this Regulation should be able to consult relevant expert groups or stakeholders on national declaration requirements and on the information necessary to allow factual controls at the workplace. Such consultations may provide input on appropriate fields to be included in the standard form, which should cover information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise factual controls at the workplace, are not required from service providers posting workers to their territory via the electronic public interface. Additionally, Member States should be able to decide to include further elements in the standard form for postings to their territory, such as those related to criminal record checks. |
Or. en
Amendment 108
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface as established in Annex I should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. |
Or. en
Amendment 109
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. | (15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of the information that may be necessary to allow factual controls at the workplace, the standard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The standard form should be free of charge and available in all EU languages. Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. |
Or. en
Amendment 110
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (15 a) Given the diversity of labour market models, regulatory frameworks, and the way Member States organise factual controls in the workplace, it is essential that Member States retain a degree of flexibility with regard to the elements contained in the standard form. Such flexibility allows the system to respond effectively to national labour market needs and ensures its continued relevance and functionality. Member States should therefore have the possibility to decide not to request certain elements contained in the standard form or to request additional elements, provided that the changes are relevant in view of their national context and comply with Directive 2014/67/EU. The option of a Member State to require additional elements or not require certain elements contained in the standard form should be applicable to all service providers posting to that Member State or limited to posting declarations in specific sectors of the labour market. |
Or. en
Amendment 111
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) In respect of the establishment of, and subsequent changes to, the standard form, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council9 . Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. | (16) The standard form and its common set of minimum requirements should be annexed to this Regulation. By establishing an open list with common minimum requirements, Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be able to request such an additional information requirement for national purposes to be inserted and for the Commission to update the public interface accordingly. The functionalities of the public interface should be designed accordingly, to allow for the insertion of additional national information requirements, to allow for national specificities and smoothly be able to feed into existing back-end systems in the Member States concerned. Similarly, the public interface should also enable competent national authorities to require service providers to upload copies of relevant documents necessary for checks and monitoring purposes. |
| 9 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Or. en
Amendment 112
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) In respect of the establishment of, and subsequent changes to, the standard form, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council9 . Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. | (16) In respect of the establishment of, and subsequent changes to, the standard form and its common set of minimum requirements should be annexed to this Regulation by establishing an open list with reporting requirements. Member States considering that certain information should be added to the standard form, or that the public interface should otherwise be modified, should notify the Commission, which will amend the standard form accordingly to those specific needs. The functionalities of the public interface should be designed accordingly, to allow for the insertion of additional national information requirements, to allow for national specificities and smoothly be able to feed into existing back-end systems in the Member States concerned. Similarly, the public interface should also enable competent national authorities to require service providers to upload copies of relevant documents necessary for checks and monitoring purposes. |
| 9 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Or. en
Amendment 113
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) In respect of the establishment of, and subsequent changes to, the standard form, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council9 . Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. | (16) Member States considering that certain information should be added to or removed from the standard form as established in Annex I, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. Any request made by a Member State to add further national data points to the standard form should be duly justified and receive a prior authorisation by the Commission following an assessment of the proportionality and justification of new data points. |
| 9 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Or. en
Amendment 114
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its standard form as established in Annex I, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. The Member States participating in the public interface should not set any additional information requirements related to the declaration at national level. |
Or. en
Amendment 115
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its common and non-exhaustive set of minimum information requirements that may be necessary for factual controls at the workplace, will streamline and reduce the divergencies in the information collected to monitor and enforce the applicable rules and regulations of the Member States. The setting up of the public interface connected to IMI and the making available of this interface to national competent authorities will contribute to better cross-border enforcement and administrative cooperation, which in turn will ensure the functioning of the internal market. |
Or. en
Amendment 116
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its common and non-exhaustive set of minimum information requirements that may be necessary for factual controls at the workplace, will significantly streamline and reduce the divergencies in the information collected to monitor and enforce the applicable rules and regulations of the Member States. In this sense, the setting up of the public interface connected to IMI and the making available of this interface to national competent authorities will contribute to better cross-border enforcement and administrative cooperation, thereby also contributing to the functioning of the internal market. |
Or. en
Amendment 117
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its standard form, consisting of a common set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. |
Or. en
Amendment 118
Arba Kokalari, Andrea Wechsler, Angelika Winzig
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information or documentation requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. |
Or. en
Amendment 119
Maria Grapini
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring a smoother functioning of the internal market. |
Or. ro
Amendment 120
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. | (17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States via the public interface. There should be no additional information requirements imposed at national level. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. |
Or. en
Amendment 121
Miriam Lexmann
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | deleted |
Or. en
Amendment 122
Kosma Złotowski
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a streamlined framework for posting declarations. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. |
Or. en
Amendment 123
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. |
Or. en
Amendment 124
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) A single eDeclaration portal for posting workers in the Union will only achieve its full potential in deepening the internal market, strengthening the competitiveness of European companies and ensuring effective administrative cooperation for protecting workers’ rights and eradicating fraud and undeclared postings if as many Member States as possible participate in it. It should be envisaged that, in the long-term, one single system for declaration which is applicable in all Member States, could be operational thereby ensuring an efficient and common system that allows Member States to protect workers' rights and ensures the efficient functioning of the internal market. Low entry barriers for Member States into the proposed system, a well-functioning interface and seamless integration into Member States national back-end systems, will be key to increase take-up of the multilingual public interface by Member States. |
Or. en
Justification
Amending the wording of the draft report.
Amendment 125
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a more streamlined framework for posting declarations that offers significant incentives for Member States to participate, while at the same time accommodating their national needs and specificities when it comes to the diversity of enforcement systems and actors that exist among Member States. Such interoperability aligns with Member States' own interest in protecting workers' rights, eradicating fraud and undeclared postings, enhancing administrative cooperation and simplifying administrative procedures. The more Member States were to make use of the public interface, the higher would be the reduction of administrative duplication for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. |
Or. en
Amendment 126
Arba Kokalari, Andrea Wechsler, Angelika Winzig
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should highly consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, thereby avoiding fragmentation of the internal market, and the larger the scope for effective administrative cooperation for protecting workers’ rights. |
Or. en
Amendment 127
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a more streamlined framework for posting declarations that offers significant incentives for Member States to participate, while at the same time accommodating their national needs and specificities when it comes to the diversity of enforcement systems and actors that exist among Member States. Such interoperability aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. The more Member States were to make use of the public interface, the higher would be the reduction of administrative duplication for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. |
Or. en
Amendment 128
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope for effective administrative cooperation for protecting workers’ rights. | (18) The establishment of a public interface provides a streamlined framework for posting declarations that offers significant improvements for Member States' national competent authorities and service providers. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protecting workers' rights. As soon as Member States make use of the public interface, there will be significant reduction of administrative burden for service providers and national competent authorities, and a wider scope for effective administrative cooperation thereby improving the compliance, monitoring and enforcement of posted workers’ rights. |
Or. en
Amendment 129
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18 a) Several Member States use national reporting interfaces for declarations that do not fall within the scope of Directive 2014/67/EU, such as declarations from service providers established in third countries that post workers to a Member State or declarations relating to self-employed persons in certain sectors of the labour market. In order to encourage those Member States to make use of the public interface established by this Regulation and avoid the need to maintain costly parallel interfaces for national declaration requirements, Member States should be able to use the public interface for the declarations of service providers established in third countries and self-employed persons, where applicable. |
Or. en
Amendment 130
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18 a) In the medium term, the scope of the public interface should be extended to include posting declarations for posted workers from third countries as well as posting declarations for self-employed workers to guarantee a genuine simplification by making the existing national declaration processes for these categories of workers obsolete. |
Or. en
Justification
The exclusion of self-employed persons and the posting of workers from third countries de facto means that member states need to keep their national systems operational for these categories, creating a scenario where the intended simplification and reduction of administrative workload through the eDeclaration is undermined.
Amendment 131
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18 a) Increasing Member States' participation in the eDeclaration portal can also be achieved by allowing declarations by service providers established outside the Union, thereby avoiding Member States to maintain different portals dedicated to Union and third-country service providers. |
Or. en
Amendment 132
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 18 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18 b) Today, many Member States have integrated their positing declarations into well-functioning back-end systems, allowing national labour inspectorates and other enforcement authorities to build digital tools for targeted inspections and analysis. The multilingual public interface should therefore enable Member States to also receive posting declarations directly in these national back-end system. |
Or. en
Amendment 133
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910 and (EU) 2018/172511 of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. | (19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data as regards posted workers as well as service providers, their contractors and service recipients as well as their relevant contact persons and legal representatives. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910 and (EU) 2018/172511 of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. |
| 10 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, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). | 10 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, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). |
| 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on 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 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). | 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on 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 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). |
Or. en
Amendment 134
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910 and (EU) 2018/172511 of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. | (19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data as regards posted workers as well as service providers, their contractors and service recipients as well as their relevant contact persons and legal representatives. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910 and (EU) 2018/172511 of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. |
| 10 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, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). | 10 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, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). |
| 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on 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 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). | 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on 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 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). |
Or. en
Amendment 135
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 36 months after the end date of the posting period. | (20) The information from the posting declarations and uploaded documents should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 10 years after the end date of the posting period. It should be possible to keep that information for a longer period in national back-end systems, in accordance with Regulation (EU) 2016/679, national law and practice. |
Or. en
Amendment 136
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 36 months after the end date of the posting period. | (20) The information from the posting declarations should be kept in the public interface and its dedicated IMI repository for the purpose of reusing it in subsequent posting declarations as well as for the purpose of potential administrative and criminal investigations for a maximum period of 10 years after the end date of the posting period. |
Or. en
Amendment 137
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 36 months after the end date of the posting period. | (20) The information from the posting declarations should be kept in the public interface and its dedicated IMI repository for the purpose of reusing it in subsequent posting declarations as well as for the purpose of potential administrative and criminal investigations for a period of 10 years after the end date of the posting period. |
Or. en
Amendment 138
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 36 months after the end date of the posting period. | (20) The information from the posting declarations and uploaded documents should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 24 months after the end date of the posting period. |
Or. en
Amendment 139
Maria Grapini
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 36 months after the end date of the posting period. | (20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum period of 48 months after the end date of the posting period. |
Or. ro
Amendment 140
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Recital 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (21 a) In order to amend the standard form established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to add, amend or delete the information required. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with social partners, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time and systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
Or. en
Amendment 141
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 22
| Text proposed by the Commission | Amendment |
|---|---|
| (22) Where social partners play a role in the monitoring of compliance with posting rules, competent authorities should be allowed to provide national social partners with the relevant information which has been shared via IMI, for the sole purpose of checking compliance with posting rules while respecting Regulation (EU) 2016/679. The relevant information should be provided to social partners by other means than IMI. | (22) Where social partners and other entities and organisations, including local, regional and national authorities in the context of public procurement play a role in the monitoring of compliance with posting rules and collective agreement and enjoy direct access in accordance with national law and practice to national registers of foreign service providers, the social partners should based on with reasonable ground have direct access to the relevant information which has been shared via IMI, for the sole purpose of checking compliance with posting rules and applicable collective agreements while respecting Regulation (EU) 2016/679. The relevant information should be made directly available to social partners by other means than IMI. |
Or. en
Amendment 142
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 22
| Text proposed by the Commission | Amendment |
|---|---|
| (22) Where social partners play a role in the monitoring of compliance with posting rules, competent authorities should be allowed to provide national social partners with the relevant information which has been shared via IMI, for the sole purpose of checking compliance with posting rules while respecting Regulation (EU) 2016/679. The relevant information should be provided to social partners by other means than IMI. | (22) Where social partners in accordance with national laws and practices play a role in the monitoring of compliance with posting rules, competent authorities should provide national social partners and bodies acting on their behalf as well as other relevant actors with an enforcement function with the relevant information in the IMI repository, for the sole purpose of checking compliance with posting rules, including applicable collective agreements, while respecting Regulation (EU) 2016/679. The relevant information should be provided to social partners by other means than IMI. |
Or. en
Amendment 143
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Ernő Schaller-Baross, Marie Dauchy, Mélanie Disdier, Pál Szekeres, Séverine Werbrouck
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . | deleted |
| 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
Or. en
Amendment 144
Hanna Gedin, Per Clausen
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . | (23) The European Labour Authority (‘ELA’) should provide guidelines to Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . For the purposes of exercising its mandate pursuant to Article 4 of Regulation (EU) 2019/1149 in terms of cooperation and exchange of information between Member States, coordinate and support concerted and joint inspections, analyses and risk assessments, the Authority should also be able to draw on the information available in the dedicated IMI repository. |
| 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) | 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
Or. en
Amendment 145
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . | (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . For the purposes of exercising its mandate pursuant to Article 4 of Regulation (EU) 2019/1149 in terms of cooperation and exchange of information between Member States, coordinate and support concerted and joint inspections, analyses and risk assessments, the Authority should also be able to draw on the information available in the dedicated IMI repository. |
| 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) | 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
Or. en
Amendment 146
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . | (23) The European Labour Authority (‘ELA’) should support Member States’ national competent authorities and service providers, particularly SMEs, in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912 . |
| 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) | 12 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
Or. en
Amendment 147
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Recital 23 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23 a) The Commission should continue its efforts to harmonise national legislation on the posting of workers and, in particular, to examine Directives 96/71/EC and 2014/67/EU for further harmonisation potential. |
Or. en
Justification
In addition to the public interface, the European Commission should continue its efforts to harmonise the existing legislation on the posting of workers.
Amendment 148
Villy Søvndal, Kim Van Sparrentak
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 24
| Text proposed by the Commission | Amendment |
|---|---|
| (24) This regulation should be without prejudice to Directive 2014/67/EU and Directive 96/71/EC. | (24) This regulation should be without prejudice to Directive 2014/67/EU and Directive 96/71/EC as amended by Directive (EU) 2018/957. |
Or. en
Amendment 149
Isabelle Le Callennec
Proposal for a regulation
Recital 24 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (24a) The European Parliament also recalls the need to combat fraud from third countries, in particular by having the Member States carry out effective controls. |
Or. fr
Amendment 150
Pascal Arimont, Andreas Schwab
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, to improve the effective monitoring of compliance with Union legislation aimed at ensuring the protection of posted workers’ rights, and to strengthen the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’) and to provide companies, especially SMEs, with improved access to the relevant applicable labour and social legislation and collective bargaining, an overview of the exemptions from the obligation to declare a posting and fiscal legislation for postings referred to in Article 5(2), point (a), of Directive 2014/67/EU of all Member States in all the official languages of the Union. |
Or. en
(See Article 5 of Directive 2014/67/EU.)
Justification
Addition to the wording of the draft report. To support SMEs and ensure compliance with Article 5 of Directive 2014/67/EU, the interface must provide clear, multilingual access to national labour, social, and fiscal rules as well as collective agreements. This enhances legal certainty, protects workers’ rights, and follows ELA’s 2023 recommendations on accessible and complete information.
Amendment 151
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Ernő Schaller-Baross, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with national and EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). |
| The public interface shall support, but not replace or affect, the exclusive competence of the Member States to carry out inspections and controls regarding labour law enforcement. The system shall aim to facilitate the sharing of information for the sole purpose of enabling more effective national inspections. |
Or. en
Amendment 152
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the effective monitoring and enforcement by Member States of compliance with Union legislation aimed at ensuring the protection of posted workers’ rights, to support related administrative cooperation between national competent authorities, and to enhance data collection on the posting of workers , while also facilitating the proper functioning of the internal market by streamlining certain administrative requirements linked to the freedom to provide services, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers and for making available relevant documents (‘the public interface’). |
Or. en
Amendment 153
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the effective monitoring and enforcement by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, and improving data collection on the posting of workers in the facilitation of the proper functioning of the internal market by partly streamlining administrative requirements for the freedom to provide services, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). |
Or. en
Amendment 154
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, to improve the effective monitoring of compliance with Union legislation aimed at ensuring the protection of posted workers’ rights, and to strengthen the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers and, where applicable, for making available relevant documents (‘the public interface’). |
Or. en
Amendment 155
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). | 1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, improving the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and reinforcing the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’). |
Or. en
Amendment 156
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek
Proposal for a regulation
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Self-employed persons may also choose to use the public interface on a voluntary basis in order to declare their cross-border activity. |
Or. en
Amendment 157
Miriam Lexmann
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | deleted |
Or. en
Amendment 158
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Ernő Schaller-Baross, Marie Dauchy, Mélanie Disdier, Pál Szekeres, Séverine Werbrouck
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States may opt to make use of this public interface. This Regulation shall in no case impose an obligation to adopt or apply it. Its use shall remain strictly voluntary, with each Member State free to decide whether or not to participate at any time. |
Or. en
Amendment 159
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States may opt to make use of this public interface on a voluntary basis, and may also opt out. |
Or. en
Amendment 160
Grégory Allione, Valérie Devaux, Stéphanie Yon-Courtin, Marie-Pierre Vedrenne, Sandro Gozi
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States may decide, on a voluntary basis, to make use of this public interface. |
Or. en
Amendment 161
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States may opt to make use of this public interface at any time. |
Or. en
Amendment 162
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States shall be obliged to make use of this public interface. |
Or. en
Amendment 163
Kosma Złotowski
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may opt to make use of this public interface. | 2. Member States shall use this public interface. |
Or. en
Justification
A multilingual public interface connected to the Internal Market Information System (‘IMI’) should be a mandatory tool. Only then its use be will fully effective in terms of the proper functioning of the freedom to provide services, reducing the administrative burdens on service providers, reducing costs for consumers and preventing frauds.
Amendment 164
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting at the latest at the commencement of the service provision a declaration based on a multilingual standard form with a common set of minimum harmonisation requirements through the public interface. Where a Member State provides for the use of the public interface, the information collected through that declaration shall replace feed into a dedicated IMI repository as well as into any pre-existing back-end system one as required under national law to ensure interoperability. The legislation of a Member State shall provide for service providers to make available copies of relevant documents necessary for checks and monitoring purposes in accordance with Article 9(1), points (b), (c), and (d), upon a request by the responsible national competent authority, by uploading these documents to the public interface within a reasonable timeframe. |
Or. en
Amendment 165
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration at the latest at the commencement of the service provision based on a multilingual form with a common set of minimum requirements through the public interface. Where a Member State provides for the use of the public interface, the information collected through that declaration shall feed into a dedicated IMI repository as well as into any pre-existing back-end system as required under national law so as to ensure interoperability. |
Or. en
Amendment 166
Kosma Złotowski
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. That declaration shall replace any pre-existing one required under national law. |
Or. en
Amendment 167
Miriam Lexmann
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State shall provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. The declaration shall replace any pre-existing one required under national law. |
Or. en
Amendment 168
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State shall provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. That declaration shall replace any pre-existing one required under national law. |
Or. en
Amendment 169
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. | 3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form as established in Annex I through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law. |
Or. en
Amendment 170
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. This Regulation is without prejudice to the right of Member States to impose other administrative requirements and control measures, in order to enable appropriate and effective checks and monitoring mechanisms provided in accordance with national law and practice and to ensure authorities designated under national law are able carry out effective and adequate inspections on their territory in order to control and monitor compliance with the obligations set out in Directives 96/71/EC and 2014/67/EU. |
Or. en
Amendment 171
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The legislation of a Member State may provide for service providers, established outside the Union and sending workers to a Member State for the provision of services, to declare posting of workers by submitting a declaration based on a multilingual standard form through the public interface and, where applicable, to make available relevant documents corresponding to paragraph 3. |
Or. en
Amendment 172
Svenja Hahn, Ivars Ijabs
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The legislation of a Member State may provide for service providers, established outside the Union and sending workers to a Member State for the provision of services, to declare posting of workers by submitting a declaration based on a multilingual standard form through the public interface and, where applicable, to make available relevant documents corresponding to paragraph 3. |
Or. en
Amendment 173
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Where a Member State's national legislation provides for an obligation for declarations of posting by self-employed persons, such declarations may also be submitted based on a multilingual standard form through the public interface. |
Or. en
Amendment 174
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Where the national legislation provides an obligation for declarations of postings by self-employed persons, those may also be submitted via such a multilingual common form through the public interface. |
Or. en
Amendment 175
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek
Proposal for a regulation
Article 1 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The public interface shall include posting declarations by self-employed people. |
Or. en
Amendment 176
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 1 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. This Regulation is without prejudice to the right of Member States to impose other administrative requirements and control measures, in order to enable the implementation of appropriate and effective checks and monitoring mechanisms in accordance with their national law and practice, and to ensure that authorities designated under national law are able to carry out effective and adequate inspections on their territory for the purpose of controlling and monitoring compliance with the obligations set out in Directives 96/71/EC and 2014/67/EU. |
Or. en
Amendment 177
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. Nothing in this Regulation shall affect other obligations deriving from the Union legislation, including those deriving from Council Directive 89/391/EEC (14) and Regulation (EC) No 883/2004, and/or those under national law regarding the protection or employment of workers provided that the latter are equally applicable to undertakings established in the Member State concerned and that they are justified and proportionate. |
Or. en
Amendment 178
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 c. This Regulation shall respect the competences of Member States with regard to the application and enforcement of Union and national law. It shall not affect the rights or obligations of individuals or employers granted by Union law or national law or practice, nor the rights and obligations of national authorities deriving thereof, as well as the autonomy of the social partners as recognised by the TFEU. |
Or. en
Amendment 179
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 1 – paragraph 3 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 d. 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 right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law or practice. Nor does it affect the right to negotiate, conclude and enforce collective agreements, or to take collective action in accordance with national law or practice. |
Or. en
Amendment 180
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The public interface shall provide functionality for: | 1. The public interface shall be free of charge and provide functionality for: |
Or. en
Amendment 181
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) creating an account for secure access to the service provider’s reserved area; | (a) creating an account for secure access to the service provider’s reserved area, which shall enable the service providers to also save data for future posting declarations; |
Or. en
Amendment 182
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) creating an account for secure access to the service provider’s reserved area; | (a) creating an account for secure access to the service provider’s reserved area, allowing the service providers to also save basic data for future posting declarations; |
Or. en
Amendment 183
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensuring appropriate logging of user activity; | (b) ensuring appropriate logging of user activity, ensuring any changes made to declarations can be traced as a means to prevent data manipulation and contamination; |
Or. en
Amendment 184
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) creating, submitting and managing declarations of posted workers; | (c) creating, submitting and managing declarations of posted workers ensuring posted workers are informed about their status and conditions as well as available support services in the host Member State, and able to also verify the information declared, so as to flag inaccuracies and request rectifications; |
Or. en
Amendment 185
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) creating, submitting and managing declarations of posted workers; | (c) creating an account for secure access to the service provider’s reserved area, which shall enable the service providers to also save data for future posting declarations; |
Or. en
Amendment 186
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) creating, submitting and managing declarations of posted workers; | (c) creating, submitting and managing declarations of posted workers, including validating data through relevant Union and national public registers, where applicable; |
Or. en
Justification
Data validation plays an important role in ensuring submitted declarations can be compared and connected to relevant inspection systems. For example: if addresses are submitted in the wrong format or misspell, it will require processing to correct, burdening inspection authorities. By validating the address directly in the form to national address registries, this issue can be avoided, making it easier for the service provider submitting the declaration and ensuring correct data input. Other examples could be: national business registers (for finding service recipients).
Amendment 187
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) transmitting a copy of the posting declaration to the posted worker; | (d) transmitting a mandatory copy of the posting declaration to the posted worker ensuring that posted workers are informed about their status and conditions and are enabled to verify the information declared, to flag inaccuracies and request rectifications; |
Or. en
Amendment 188
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) transmitting a copy of the posting declaration to the posted worker; | (d) transmitting electronically a retainable extract of the posting declaration to the posted worker; |
Or. en
Amendment 189
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) transmitting a copy of the posting declaration to the service recipient with an obligation to verify the correctness of the information declared and to flag any inaccuracies to the national competent authorities; |
Or. en
Amendment 190
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) submitting relevant supporting documents listed in Article 9(1), point (b), of Directive 2014/67/EU, provided that the related posting declaration has also been submitted; |
Or. en
Amendment 191
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) ensuring posted workers are made aware of available support services in the host Member State; |
Or. en
Amendment 192
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d b) transmitting a copy of the posting declaration to the service recipient; |
Or. en
Amendment 193
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point d c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d c) submitting relevant supporting documents listed in Article 9(1), point (b), of Directive 2014/67/EU, provided that the related posting declaration has been submitted in the public interface; |
Or. en
Amendment 194
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) making submitted information available in IMI to the responsible national competent authorities of the host Member State for administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012. | (e) making submitted information available in IMI to the responsible national competent authorities of the host Member State, the Member State of establishment of the service provider and where relevant other member states, for monitoring the compliance with Union law aiming to ensure the protection of posted workers’ rights, and for administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012; |
Or. en
Amendment 195
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) making submitted documents available in IMI to the responsible national competent authorities of the host Member State for the purpose of monitoring compliance with Union law in order to ensure the protection of posted workers' rights and for the purpose of administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012; |
Or. en
Amendment 196
Maria Grapini
Proposal for a regulation
Article 2 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations directly in the national back-end system upon the request of that Member State. | (f) smoother functioning of the labour market - a componentof theinternal market, simplification for SMEs and easier access to the labour market for workers. |
| (g) allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations directly in the national back-end system upon the request of that Member State. |
Or. ro
Amendment 197
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations directly in the national back-end system upon the request of that Member State. | (f) enabling one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations containing the necessary information required in accordance with national law directly and automatically in the national back-end system upon the request of that Member States so as to ensure interoperability. |
Or. en
Amendment 198
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations directly in the national back-end system upon the request of that Member State. | (f) enabling one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations containing the necessary information required in accordance with national laws directly and automatically in the national back-end system upon the request of that Member State so as to ensure interoperability; |
Or. en
Amendment 199
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) in line with Article 5(2), point (a), of Directive 2014/67/EU, providing companies, especially SMEs, with improved access to applicable labour and social legislation (including the relevant exemptions to declare a posting), as well as applicable collective bargaining law and fiscal legislation in all the Member States in the 24 official languages of the Union. |
Or. en
(See Article 5 of Directive 2014/67/EU.)
Justification
To support SMEs and ensure compliance with Article 5 of Directive 2014/67/EU, the interface must provide clear, multilingual access to national labour, social, and fiscal rules as well as collective agreements. This enhances legal certainty, protects workers’ rights, and follows ELA’s 2023 recommendations on accessible and complete information.
Amendment 200
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) Where applicable, allowing service providers established in third countries and self-employed persons to submit declarations for the purpose of fulfilling national declaration requirements that do not fall within the scope of Directive 2014/67/EU; |
Or. en
Amendment 201
Johan Danielsson, Marc Angel, Gabriele Bischoff, Marianne Vind, Vivien Costanzo, Vilija Blinkevičiūtė, Brando Benifei, Marit Maij, Laura Ballarín Cereza, Adnan Dibrani, Idoia Mendia, Alicia Homs Ginel, Elisabeth Grossmann, François Kalfon
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (f b) allowing for the exchange of messages between the competent authorities in the host Member State and service providers, where relevant, to clarify open questions in connection with the posting declaration and for the purpose of submitting relevant supporting documents; |
Or. en
Amendment 202
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission shall be responsible for the development, maintenance and operation of the public interface. | 2. The Commission shall be responsible for the development, maintenance and operation of the public interface, providing also the necessary functionalities pursuant to Article 2(1)(f) of this Regulation. |
Or. en
Amendment 203
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission shall be responsible for the development, maintenance and operation of the public interface. | 2. The Commission shall be responsible for the development, maintenance and operation of the public interface, providing also the necessary functionalities pursuant to Article 2(1)(f) of this Regulation. |
Or. en
Amendment 204
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission shall be responsible for the development, maintenance and operation of the public interface. | 2. The Commission shall be responsible for the development and maintenance of the public interface. |
Or. en
Amendment 205
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Article 2 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Upon the request of a host Member State, the Commission shall provide the functionalities referred to in paragraph 1 of this Article for service providers established outside the Union except the functionality of administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012, if the regulation for administrative cooperation does not apply to the sending Member State. |
Or. en
Amendment 206
Svenja Hahn, Ivars Ijabs
Proposal for a regulation
Article 2 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Upon the request of a host Member State, the Commission shall provide the functionalities referred to in paragraph 1 of this Article for service providers established outside the Union except the functionality of administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012. |
Or. en
Amendment 207
Pascal Arimont, Andreas Schwab, Andrea Wechsler
Proposal for a regulation
Article 2 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The public interface must ensure all data can always be effectively processed by Member States. The seamless integration into national back-end systems, recognised as authentic data source, shall therefore be guaranteed. |
Or. en
Justification
This amendment highlights the need for optimal integration of the public interface into national back-end systems in order to ensure an efficient process, that creates an incentive for member states to join into the voluntary tool.
Amendment 208
Sebastian Kruis, Rachel Blom, Elisabeth Dieringer, Filip Turek, Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
Proposal for a regulation
Article 2 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The Member States shall be responsible for the operation of the public interface. |
Or. en
Amendment 209
Arba Kokalari, Angelika Winzig
Proposal for a regulation
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission shall ensure accessibility for persons with disabilities of the public interface and its content.. | 3. The Commission shall ensure that the public interface is highly user-friendly and accessible for all users, including persons with disabilities. The interface shall be available in all official Union languages and shall include support features such as multilingual help, live chat, and guided submission flows. |
Or. en
Amendment 210
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission shall ensure accessibility for persons with disabilities of the public interface and its content.. | 3. The Commission shall ensure accessibility for persons with disabilities of the public interface and its content in accordance with Directive (EU) 2016/2102 |
Or. en
Amendment 211
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface. | deleted |
Or. en
Amendment 212
Miriam Lexmann
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface. | deleted |
Or. en
Amendment 213
Kosma Złotowski
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface. | 1. A Member State shall inform the Commission six months before the date from which it intends to use the public interface. |
Or. en
Amendment 214
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface. | 1. A Member State that opts to make use of the voluntary public interface shall inform the Commission six months before the date from which it intends to use the public interface. |
Or. en
Amendment 215
Maria Grapini
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface. | 1. A Member State that opts to make use of the public interface shall inform the Commission four months before the date from which it intends to use the public interface. |
Or. ro
Amendment 216
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and where relevant also request the necessary technical support from the Commission to ensure the interoperability of the public interface for the declaration of posting of workers, the uploading of documents and national back-end systems in due time before such use. |
Or. en
Amendment 217
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to where relevant also request the necessary technical support from the Commission to ensure the interoperability of the public interface for the declaration of posting of workers and national back-end systems in due time before such use. |
Or. en
Amendment 218
Miriam Lexmann
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. Member States shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers. |
Or. en
Amendment 219
Kosma Złotowski
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. Member States shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. |
Or. en
Amendment 220
Andreas Schwab, Pascal Arimont, Andrea Wechsler
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form as established in Annex I of the declaration of posting of workers in due time before such use. |
Or. en
Amendment 221
Brigitte van den Berg, Svenja Hahn, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use. | 2. Member States shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to their Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers by date of application of this Regulation. |
Or. en
Amendment 222
Brigitte van den Berg, Jana Toom, Hristo Petrov
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States shall not impose any additional declaration or information requirements within the meaning of Article 9(1), point (a), of Directive 2014/67/EU on the service providers submitting the posting declaration through the public interface. Member States shall not impose any additional requirements regarding keeping or making documents available during or after the posting period within the meaning of Article 9(1), points (b), (c) and (d), of Directive 2014/67/EU on the service providers where these documents have been already made available through the public interface. |
Or. en
Amendment 223
Hanna Gedin, Per Clausen
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States making use of the public interface shall not impose any parallel systems for posting declarations related to Article 9(1) of Directive 2014/67/EU on the service providers submitting the posting declaration through the public interface. This is without prejudice to the possibility for enforcement authorities or other bodies to request additional information where appropriate when exercising control, compliance and enforcement functions in accordance with national law and practice. |
Or. en
Amendment 224
Svenja Hahn, Ivars Ijabs
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. Member States shall not impose any additional requirements regarding keeping or making documents available during or after the posting period within the meaning of Article 9(1), points (b), (c) and (d), of Directive 2014/67/EU on the service providers where these documents have been already made available. |
Or. en
Amendment 225
Grégory Allione, Valérie Devaux, Stéphanie Yon-Courtin, Marie-Pierre Vedrenne, Sandro Gozi
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States making use of the public interface shall be entitled to impose any additional information requirements on the service providers submitting the posting declaration through the public interface, providing that such requirements are duly justified for factual controls and do not add administrative burden to the service providers, and that social partners are consulted in the identification of the information required. |
Or. en
Amendment 226
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States making use of the public interface may request additional information to the service providers submitting the posting declaration through the public interface, in order to ensure the declaration contains the necessary information required by enforcement authorities in accordance with national law |
Or. en
Amendment 227
Arba Kokalari, Andrea Wechsler, Angelika Winzig, Henrik Dahl
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States making use of the public interface shall not impose any additional declaration, informational and documentation requirements on the service providers submitting the posting declaration through the public interface. |
Or. en
Amendment 228
Miriam Lexmann
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. |
Or. en
Amendment 229
Kosma Złotowski
Proposal for a regulation
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. | 3. Member States shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface. |
Or. en
Amendment 230
Kim Van Sparrentak, Villy Søvndal
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Member States making use of the public interface may impose and implement an obligation on service recipients to verify the posting declaration in accordance with national law. |
Or. en
Amendment 231
Miriam Lexmann
Proposal for a regulation
Article 3 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The list of Member States making use of the public interface as referred to in paragraph 3 shall be made publicly available by the Commission on the public interface. | deleted |
Or. en