AM Com NonLegOpinion · Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Johan Danielsson,

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European Parliament2019-2024

Committee on Employment and Social Affairs

2020/2020(INI)

25.6.2020

AMENDMENTS1 - 162Draft opinionMarc Botenga(PE647.038v01-00)

Strengthening the Single Market: the future of free movement of services(2020/2020(INI))

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AM_Com_NonLegOpinion

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Amendment 1Abir Al-Sahlani, Dragoș Pîslaru, Jordi Cañas, Atidzhe Alieva-Veli, Radka Maxová

Draft opinionRecital -A (new)

Draft opinion Amendment

-A. whereas the principle of equal treatment is enshrined in Article 45(2) of the TFEU, forbidding any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment;

Or. en


Draft opinionRecital -A a (new)


-Aa. whereas the free movement of workers is a fundamental principle of the European Union and essential to the proper functioning of the Internal Market;

Or. en

Amendment 3Sara Skyttedal

Draft opinionRecital A


A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection;

A. whereas Article 3 of the Treaty on European Union stipulates that the Union shall establish an internal market that

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works for a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment;

Or. en

Amendment 4Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Johan Danielsson, Heléne Fritzon, Gabriele Bischoff, Manuel Pizarro




A. whereas Article 3 of the Treaty on European Union (TEU) stipulates that the Union and its internal market shall amongst others work for the sustainable development of Europe, a social market economy, social progress and the promotion of social justice and protection; whereas according Article 9 of the Treaty on the Functioning of the European Union (TFEU), the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health in defining and implementing its policies and activities;

Or. en

Amendment 5Marc Botenga, Konstantinos Arvanitis


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A. whereas the Treaties are primary European Union legislation and are the basis and ground rules for all EU action; whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection; whereas Article 9 of the Treaty on the Functioning of the European Union states that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment,the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health;

Or. en

Amendment 6Ádám Kósa




A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection, and whereas it is important to strengthen value chains in the Union’s internal market which reduce the European economy’s dependence on imports and form a basis which, with appropriate technological developments and innovation, will in the longer term increase the export capacity of the economies of both Europe and the Member States together with European and domestic security of supply;

Or. hu

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Amendment 7Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Ilana Cicurel, Stéphane Bijoux, Jordi Cañas




A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection; whereas the principle of equal treatment is enshrined in Article 45(2) of the Treaty on the Functioning of the European Union and prohibits any kind of discrimination on grounds of nationality between European workers as regards employment, remuneration and other conditions of work and employment;

Or. en

Amendment 8Kira Marie Peter-Hansenon behalf of the Greens/EFA Group




A. whereas Article 3 of the Treaty on European Union stipulates that the Union and its internal market shall work for sustainable development, social market economy, social progress and the promotion of social justice and protection;

Or. en

Amendment 9Stefania Zambelli

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A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection, along with full employment;

Or. it

Amendment 10Marc Botenga, Leila Chaibi, Konstantinos Arvanitis

Draft opinionRecital A a (new)


Aa. whereas the internal market should serve the welfare of all, in accordance with the tradition of social progress rooted in the history of Europe and mentioned in the Treaties, economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of undermining, evading or circumventing national social and employment laws and practices or for social dumping;

Or. en



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Aa. whereas Article 9 of the Treaty on the Functioning of the European Union stipulates that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

Or. en




Aa. whereas a more integrated and interconnected market for services is necessary to tackle the climate change; whereas economic, environmental and social considerations must be put on equal footing to pave the way for a sustainable services market free from environmental and social dumping, in line with the just transition;

Or. en

Amendment 13Daniela Rondinelli


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Aa. whereas European legislation on the free movement of persons, workers, goods and services has not developed in a balanced and coordinated manner, and whereas much remains to be done to improve the free movement of workers, particularly seasonal, cross-border and posted workers;

Or. it

Amendment 14Elżbieta Rafalska, Beata Szydło, Anna Zalewska



Aa. whereas 27% of the value added of manufactured goods in the EU is generated by services and 14 million jobs are attributed to the services sector in support of manufacturing1a

__________________1a Eva Rytter Synesen, Martin Hvidt Thelle,Copenhagen Economics, "Making EU Trade in Services Work for All", November 2018

Or. en

Amendment 15Margarita de la Pisa Carrión



Aa. whereas the freedom of

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establishment and the freedom to provide services are laid down in the TFEU;

Or. es


Draft opinionRecital A b (new)


Ab. whereas social justice and workers’ rights should not be subverted by the free movement of services in the single market; whereas environmental and social considerations have to go hand in hand in ensuring a sustainable services market free from environmental dumping and unfair competition paving the way for a just transition;

Or. en

Amendment 17Dennis Radtke, Cindy Franssen

Draft opinionRecital A b (new)


Ab. Whereas the freedom to provide services is crucial to the Single Market;

Or. en


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Draft opinionRecital B


B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

B. whereas the free movement of services should be exercised while ensuring workers’ rights, free movment of workers, social protection, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. en





B. whereas the free movement of services must be consistent with workers’ rights, social protection and the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. es

Amendment 20Abir Al-Sahlani, Dragoș Pîslaru, Atidzhe Alieva-Veli, Radka Maxová



B. whereas the free movement of services must under no circumstances

B. Whereas the free movement of services and workers’ rights as well as

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undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

social protection based on the principle of subsidiarity, support each other, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. en





B. whereas the free movement of services must not undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. en




B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of

B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity; whereas the protection and promotion of fair wages as well as decent working and employment conditions, play a key role in

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mobile workers; creating a well-functioning, fair and sustainable single market for quality services; whereas the freedom to provide services must not undermine fundamental rights, including social workers' and trade union rights; whereas a fully functioning market for services requires access to information as well as monitoring and enforcement of applicable rules, including safe ways to report abuses; whereas digital technology can facilitate the supervision and enforcement of legislation safeguarding the rights of mobile workers;

Or. en





B. whereas the free movement of services requires the free movement of workers; whereas the free movement of services must under no circumstances undermine workers’ rights, social protection and the principle of subsidiarity; whereas access to information about applicable rules as well as effective compliance, monitoring and enforcement, including safe ways to report abuses are necessary preconditions for fair mobility; whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. en


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B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection, trade union rights including the right to fair wages and to appropriate remuneration, the right to balance work and private life, the right to decide where and when to work and the right to equal treatment and the principle of subsidiarity; whereas a fully functioning services market requires access to information about applicable rules as well as effective compliance, monitoring and enforcement, including safe ways to report abuses, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. en

Amendment 25Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Ilana Cicurel, Stéphane Bijoux, Jordi Cañas, Radka Maxová




B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers and should therefore be promoted and used to improve information exchange and control systems and fight abuses of any kind as

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well as to inform workers about the rules applicable to them;

Or. en

Amendment 26Miriam Lexmann




B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, and whereas digital technology, provided that it complies with the rules of personal data protection and privacy, can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;

Or. sk


Draft opinionRecital B a (new)


Ba. whereas the current Covid-19 crisis has shed light on and exacerbated existing short-comings in the protection of mobile and cross border workers active in the internal market in particular with regard to their working conditions, access to health and safety, social protection, safe transport and decent accommodation fulfilling sanitary requirements and social distancing measures, as well as support in

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order to report abuses; whereas the Commission guidelines on restoring freedom of movement under COVID-19 have focused rather on the provision of safe services for citizens rather than also ensuring safe conditions for workers providing services; whereas workers must not be left behind in the crisis as a result of their employers having exercised the freedom to provide services under EU law;

Or. en




Ba. whereas the free movement of services shouldn’t be to the detriment of worker’s representation rights, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and not infringe upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers; whereas any fair and sustainable mobility requires placing workers, their representatives and trade unions, as well as workers’ interests and long standing expertise at its core to ensure it is oriented on the basic needs of society;

Or. en

Amendment 29Marie-Pierre Vedrenne, Sylvie Brunet, Dragoș Pîslaru, Véronique Trillet-Lenoir, Ilana Cicurel, Jordi Cañas, Atidzhe Alieva-Veli, Stéphane Bijoux

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Ba. whereas the role of the European Labour Authority is in particular to ensure the effective, consistent and efficient application of European rules and to monitor compliance with Union law in the field of labour mobility in the context of the free movement of workers and the freedom to provide services in the internal market;

Or. fr




Ba. whereas there is no EU wide, systematic data gathering, or digital tracking system, in order to provide adequate data on the total numbers of mobile, frontier, cross border and seasonal workers, or to allow workers to easily and quickly establish their social security coverage status and claim various entitlements accrued;

Or. en



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Ba. whereas the Single Market can only be sustainable and increase prosperity if it is ensured that the exchange of goods and services is based on fair rules regarding social security, workers' rights, working and employment conditions, gender equality, as well as the protection of consumers and the environment;

Or. en




Ba. Whereas free movement of services stimulates economic growth by enabling people to travel, study, shop and work across borders and by allowing companies to recruit from a larger talent pool;

Or. en




Ba. whereas the service market is a gateway for labour market participation for all groups, especially for young people, migrants and long-term unemployed;

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Or. en




Ba. whereas the free movement of services should be fair and not result in unfair competition;

Or. it


Draft opinionRecital B b (new)


Bb. whereas the current Covid-19 crisis has exposed and exacerbated social dumping and the existing precariousness of the situations of many mobile workers and gaps in the implementation and enforcement of existing legislation for their protection; whereas posted workers in the framework of the provision of services have experienced abuses in particular with regard to their working conditions, access to health and safety, social protection, safe transport and decent accommodation;

Or. en


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Bb. whereas unnecessary infringements still are a reality, hindering jobs and prosperity; whereas excessive infringements have escalated during the corona crisis; whereas SMEs are most vulnerable to such infringements;

Or. en




Bb. whereas there are over 2.3 million posting operations for the provision of services in other Member States;

Or. en


Draft opinionRecital B c (new)


Bc. whereas the COVID-19 pandemic is a serious threat to public health, impacting the health and lives of all persons residing in the EU as well as the health and care systems in the Member

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States; whereas the current COVID-19 crisis has shed light on existing short-comings in the protection of mobile workers, such as cross-border workers, seasonal workers and posted workers, in particular with regard to their working and employment conditions, access to health and safety, social protection, safe transport and decent accommodation in line with sanitary and social distancing requirements, as well as support in order to report abuses; whereas women and young mobile workers are often particularly vulnerable;

Or. en


Draft opinionRecital B c (new)


Bc. whereas the massive outbreak of Covid-19 in slaughterhouses in Germany, directly related to poor labour and housing conditions as well as the common use of subcontracting based on the free movement of services, illustrates the potential impact of the free movement of services on public health;

Or. en


Draft opinionRecital B d (new)

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Bd. whereas the current rules applicable to worker’s mobility in the European Union allow fraud and social dumping, undermining workers’ rights and damaging fair competition between Member States;

Or. en


Draft opinionRecital B e (new)


Be. whereas liberalisation of services came along with the assumption that competition would be synonymous with accessible prices and better quality services, while in fact it often lead to a domination of a very small number of large companies, increasingly precarious employment and increased costs for consumers and degradation of the services provided;

Or. en


Draft opinionRecital B f (new)


Bf. whereas the majority workers in the European Union are employed by SMEs; whereas the protection of workers’ rights must be a priority for every kind of

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company and every form of employment; whereas initiatives targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower workers’ and consumer protection standards, or increase the risk of corporate fraud, criminal activities and letterbox companies; recalls that unfair competition is the dominant source of difficulties for genuine SMEs;

Or. en


Draft opinionRecital C


C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policy;

C. whereas the Union needs a robust cohesion policy and a fair and geographically balanced internal market to tackle the social implications of the free movement of services; whereas effective regulation is crucial to ensure decent employment and working conditions, quality services and fair competition;

Or. en




C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a

C. Whereas the free movement of services, a robust cohesion policy and a forward looking EU industrial policy

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fair and geographically balanced industrial policy;

contribute to job creation and upward social convergence;

Or. en





C. whereas the social implications of the free movement of services can affect both regions of origin (demographic decline, shortage of workers and skills, reduction in tax revenue) and regions hosting mobile workers (social dumping and wage competition); whereas these consequences therefore mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policy that must reinforce social cohesion and in that way contribute to the fight against social dumping;

Or. en





C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policy, while the success of industrial renewal and, in the long term, the competitiveness of Europe’s economy is seriously jeopardised by the overall

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demographic decline in European countries;

Or. hu





C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policy and equally mean that the free movement of services should go hand in hand with quality job opportunities and upward social convergence within the European Union;

Or. en


Draft opinionRecital C a (new)


Ca. whereas the aim of the European Accessibility Directive is to contribute to the proper functioning of the internal market by approximating the laws, regulations and administrative provisions of the Member States concerning accessibility requirements for certain services, in particular by eliminating and preventing obstacles to the free movement of certain accessible products and services resulting from divergent accessibility

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requirements in the Member States, and whereas the demand for accessible services is high and the number of persons with disabilities is projected to increase significantly;

Or. hu




Ca. whereas unfair competition and a race to the bottom between Member States as regards employment, social security and taxation rules, including through artificial arrangements, continue to be an obstacle to fair competition based on quality and sustainable development, including for SMEs; whereas initiatives targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower workers’ and consumer protection standards, or increase the risk of corporate fraud, criminal activities and letterbox companies; recalls that unfair competition is the dominant source of difficulties for genuine SMEs;

Or. en



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Ca. whereas the European services card as proposed by the European Commission would mean transferring primary responsibility for the compliance procedure to the home Member State, in contradiction with the established principle of the host country; whereas differences between regulatory models do not in themselves indicate that reform is necessary; whereas many regulations are based on tradition and experience and whereas the principle of 'equivalence' is based on the very existence of these different systems;

Or. en




Ca. whereas social and environmental dumping between Member States, including through artificial arrangements, is first and foremost at the expense of workers, consumers and law-abiding SMEs and continues to be an obstacle to fair competition based on quality services and sustainable development;

Or. en

Amendment 52Cindy Franssen, Dennis Radtke

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Ca. Taking into account the vulnerable position of workers during the COVID-19 pandemic, free movement of services should not lead to a decline of labour conditions, health and safety of workers.

Or. en




Ca. whereas, very often, red tape hinders the full implementation of the free movement of professionals and the recognition of professional qualifications;

Or. it


Draft opinionRecital C b (new)


Cb. whereas the revision notification procedure proposed by the Commission would hinder the exercise of legislative and regulatory powers so that a national or local rule which could better achieve objectives for the regulation of service activities could be deprived of enforceability; whereas the

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implementation of preventive action prohibiting the implementation of a notified measure would unduly constrain the intervention capacities of Member States and local authorities;

Or. en




Cb. whereas policies targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower the protection of workers and consumers, or increase the risk of corporate fraud, criminal activities and letterbox companies;

Or. en




Cb. Whereas the free movement of services should follow the principles of the European Pillar of Social Rights and should not affect the further implementation of the Pillar.

Or. en

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Cb. whereas differences in national regulations and standards should not primarily be considered as obstacles to free movement;

Or. en


Draft opinionRecital C c (new)


Cc. whereas the European Labour Authority (ELA) was established in 2019 with the aim of coordinating and supporting Member States and the Commission in the effective application and enforcement of Union law related to labour mobility and social security coordination; whereas ELA is expected to reach its full operational capacity by 2024;

Or. en


Draft opinionRecital C c (new)

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Cc. whereas it is essential to maintain and improve the legal public authorities‘ and member states' right to regulate in the services sector; whereas the single market must not exert pressure on standards concerning social rights of workers, consumers and environmental protection;

Or. en


Draft opinionRecital C d (new)


Cd. whereas the Services Directive excluded wholly or partially social services, healthcare services, and other public services in recognition of the special regulatory frameworks needed for these services to operate in the general interest in line with Protocol 26 and Article 14 of the TFEU;

Or. en

Amendment 61Abir Al-Sahlani, Atidzhe Alieva-Veli, Radka Maxová

Draft opinionParagraph -1 (new)


-1. Regrets that only 3,9 % of EU citizens in the working age reside in an EU country other than that of their citizenship in 2018; calls for increased

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efforts from the Commission and Member States to reduce mobility barriers for workers and businesses;

Or. en


Draft opinionParagraph -1 a (new)


-1a. Calls on the social partners along with other stakeholders to play their part in calling on governments to revitalise the European services sector;

Or. en


Draft opinionParagraph -1 b (new)


-1b. Calls for a more efficient coordination at EU level and enhanced commitment on addressing key social challenges in the areas, in particular portability of social entitlements of mobile workers while upholding the diversity of national systems and respecting Member States competences as enshrined in the Treaties as well as the principle of proportionality and subsidiarity;

Or. en

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Draft opinionParagraph 1


1. Opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights;

1. Takes the view that European industry plays a leading role in the production of high-value-added products and services and enforces the highest social, labour and environmental standards; stresses that the free movement of services must be achieved without undermining workers’ rights and social rights while pointing out that we must enforce European economic protection aspects and the free movement of goods and services in the internal market at least at the same level as the pillar of social rights and that we must robustly uphold the interests of the Member States and of Europe vis-à-vis our competitors;

Or. hu





1. Opposes the introduction of any country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; recalls that the principles of equal treatment and free movement do not apply only to service providers, but equally to workers; stresses that the social rights can only be guaranteed if existing collective agreements and legislation are applicable,

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enforced and legally binding for services providers in public tenders;

Or. en





1. Notes that the country of destination is the principle guiding the services directive and considers that this provision should not be changed; considers that the free movement of services and labour mobility will benefit when the rules on working conditions and health and safety of mobile workers’ are upheld;

Or. en





1. Considers that the free movement of services must be achieved without undermining workers’ rights and social rights;

Or. it

Amendment 68Beata Szydło, Elżbieta Rafalska, Anna Zalewska

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Or. en






Or. es





1. Opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; considers that the mobility of workers providing these services should not only be free but also

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fair, notably in regard to equal rights, working conditions and social protection; calls on the Commission and Member States to amend current legislation prioritising workers' rights over the free movement of services.

Or. en





1. Opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights, and while combating every form of social dumping, particularly where it concerns wages, working conditions and health and safety, which is particularly important in the light of the COVID-19 pandemic;

Or. it





1. Opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; underlines that the implementation of the European Pillar of

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Social Rights would contribute to enhance European workers’ rights and protection and thus to a fair mobility within the European Union;

Or. en

Amendment 73Romana Tomc




1. Calls on the Commission and the Member States to adhere consistently to the European Treaties in planning and implementing labour legislation; opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights;

Or. sl

Amendment 74Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Pierfrancesco Majorino, Johan Danielsson, Heléne Fritzon, Gabriele Bischoff, Manuel Pizarro




1. Opposes the introduction of the country-of-origin principle, and stresses that the free movement of services must be achieved without undermining workers’ rights and social rights;

Or. en

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Draft opinionParagraph 1 a (new)


1a. Stresses that Union legislation related to the free movement of services shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right of freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice, nor affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice;[This should become the first paragraph.]

Or. en




1a. Underlines that in order to be free, safe and fair, the future of the free movement of services needs increasing cohesion in the internal market; highlights the importance in that regard of public investment, fair and progressive taxation, public spending on public services and infrastructures as well as social, workers’ and trade union rights;

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urges the Commission to review the priorities for the future of free movement of services in this view;

Or. en




1a. Calls on the Commission and the Member States to undertake initiatives aimed primarily at combating the shadow economy and undeclared work, as these phenomena have an adverse impact on employee protection and distort competition; calls, at the same time, for employers to be supported by providing them with predictable and non-discriminatory operating conditions so that they can continue to generate growth and provide jobs;

Or. pl




1a. Calls on the Commission and the Member States to revoke burdensome administrative practices and obstacles in the access to some regulated professions, abolishing protected titles that only exist in a single EU country, as well as regulatory restrictions to cross boarder work which creates unjustified barriers

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that deprive citizens of jobs, welfare, social benefits, and entrepreneurs of opportunities;

Or. en




1a. underlines the need for good cooperation between Member States towards data collection regarding mobile, frontier, cross-border and seasonal workers in order to bridge gaps in national practices, gain better access to available information and create a predictable and accessible internal labour market;

Or. en




1a. Reminds that administrative practices and regulation of services are necessary to protect workers, consumers, the environment as well as to secure a level playing field, legal certainty and predictability for entrepreneurs and businesses;

Or. en

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Draft opinionParagraph 1 b (new)


1b. reiterates that quality employment and quality services necessitate regulation at European level including on elements such as sustainable development, protection of workers, consumers and the environment, as well as the quality of services; stresses that quality legislation is a long-term investment which should take into account not only the business interest, but also the quality of services, including consumers, workers’, environmental protection, sustainable development as well as the general public interest;

Or. en

Amendment 82Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Brando Benifei, Gabriele Bischoff, Manuel Pizarro



1b. Considers additional national provisions as regards the access to and the exercise of specific professions, in view of the public interest and the protection of workers and/or consumers, not an obstacle to the deepening of the Single Market;

Or. en

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EN




1b. Reminds that administrative practices and regulation of services are justified to protect workers, consumers, the environment and secure a level playing-field, legal certainty and predictability for entrepreneurs and business;

Or. en




1b. Notes that some public procurement methods in Member States creates obstacles for service providers from other Member States to compete on equal footing, especially for SMEs, depriving citizens on jobs;

Or. en


Draft opinionParagraph 1 c (new)

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1c. Highlights that across the European Union a race to the bottom and unfair competition between Member States in employment, security and taxation rules are creating unjustified barriers for quality and sustainable development and deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities; recognises that in respect of the professional services sector, different approaches to regulation do not per se constitute an obstacle to the deepening of the internal market; stresses that regulation on access to, and the exercise of, professions may be necessary for the protection of public interest and consumer protection1a;__________________1a as also stated in the European Parliament resolution of 26 May 2016 on the Single Market Strategy (2015/2354(INI)), https://www.europarl.europa.eu/doceo/document/TA-8-2016-0237_EN.html

Or. en




1c. Recalls that one of the objectives of the amended Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, is to ensure the protection of posted workers during their posting in relation to the

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freedom to provide services, by laying down mandatory provisions regarding working conditions and the protection of workers' health and safety; calls on the Member States to ensure that they meet the minimum requirements of the amended directive and to make full use of the additional scope offered in view of a better protection of posted workers and fair competition between service providers;

Or. en




1c. Recalls that the subsidiarity principle is a fundamental principle of the internal market; recalls the constitutional right of Member States to go beyond the minimum levels established by European Union directives as part of their internal democratic legislative processes in order to reach policy objectives such as ensuring quality services and a high level of protection of workers, consumers and the environment;

Or. en


Draft opinionParagraph 1 d (new)

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1d. Calls on the Member States to transpose the revised Posting of Workers Directive in a correct, timely and ambitious manner, ensuring full equal treatment and protection of posted workers in the framework of providing services; is of the opinion that the Directive must be transposed so as to ensure the obligation of the employer to reimburse posted workers for travel, board and lodging expenses in all situations, bearing in mind that such expenditures actually incurred on account of the posting shall be paid on top of the remuneration; highlights that the COVID-19 outbreak sheds light on the injustices related to posting practices such as gross remuneration of posted workers to a large extent being made up of tax-free posting allowances other than compensations for expenditure on travel, board and lodging, which in turn has a considerable impact on the levels of social benefits that unemployed posted workers may be able to claim; Calls on the Commission to broaden the legal basis so that it is ensured that protection of workers’ rights is placed on at least equal footing or above the free movement of services

Or. en

Amendment 89Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Gabriele Bischoff, Manuel Pizarro


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1d. Calls on the Member States to transpose the revised Posting of Workers Directive into national law in a correct, timely and ambitious manner, ensuring equal treatment and the protection of posted workers, in particular with a view to remuneration and obligation of employers to reimburse posted workers expenditures incurred on account of the posting, such as travel, board and lodging expenses, in accordance with the national law and/or practice applicable to the employment relationship;

Or. en


Draft opinionParagraph 1 e (new)


1e. Recalls that the Commission proposal for a revised services notification procedure undermines the legislative competence of the Member States in the field of services; recalls that the proposal could not be adopted due to the lack of an agreement in Council; calls urgently on the Commission to withdraw the proposal

Or. en

Amendment 91Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Pierfrancesco Majorino, Gabriele Bischoff, Manuel Pizarro


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1e. Underlines that the Commission proposal for a revised services notification procedure undermines the legislative competence of Member States in the field of services; highlights that the controversial proposal is blocked in the Council; calls on the Commission to withdraw its proposal;

Or. en


Draft opinionParagraph 1 f (new)


1f. Recalls that the Parliament on 21 October 2019 called on the Commission to withdraw its proposal for European Services e-card; recalls that the Commission’s neglects and ignores the impact of the legislative proposal for a European services e-card on the enforcement of companies’ obligations and workers’ rights; recalls that the Commission should not present any proposal that undermines the enforcement of workers rights; regrets that the Commission phrased its Campaigning about the services e-card as a consumer-friendly solution ignoring the negative impact on a European level playing field as regards workers rights;

Or. en

Amendment 93Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius,

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Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Johan Danielsson, Heléne Fritzon, Gabriele Bischoff, Manuel Pizarro

Draft opinionParagraph 1 f (new)


1f. Is strongly concerned about the Commission proposal for a European services e-card and its impact on the enforcement capacities of host Member States with regard to the obligations of companies as well as workers' rights, consumer protection and the quality of services; warns that the proposal will create legislative loopholes, hinder effective controls and enforcement because of de facto introduction of the country of origin principle; reiterates therefore its call on the Commission to withdraw its proposal;

Or. en


Draft opinionParagraph 1 g (new)


1g. Underlines that the ambition of the EU Green Deal and the need for just transitions must be reflected also in the approach to the internal services market, promoting a high level of social and environmental standards as a pre-requisite for productivity increases; highlights the role that public procurement should play to achieve these objectives; Urges member states to increase awareness and make better use of the existing schemes1a for promoting green services in public procurement2a in

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order to reach a circular economy; highlights the importance of services which facilitate a measurable reduction of the environmental footprint (“green services”)3a; calls on the European Commission to initiate work on a common definition of green services;__________________1a such as: https://ec.europa.eu/environment/gpp/pdf/190927_EU_GPP_criteria_for_food_and_catering_services_SWD_(2019)_366_final.pdf2a European Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/etudes/BRIE/2020/648768/IPOL_BRI(2020)648768_EN.pdf3a European Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/etudes/BRIE/2020/648768/IPOL_BRI(2020)648768_EN.pdf

Or. en


Draft opinionParagraph 1 g (new)


1g. Underlines that the objectives of the European Pillar of Social Rights, the Sustainable Development Goals, the European Green Deal and the Gender Equality Strategy must also be reflected in

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the approach to the Single Market for services, promoting high social and environmental standards as a pre-requisite for productivity increases; highlights the importance of public procurement to achieve these objectives;

Or. en




2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the right public policies and providing high-quality job opportunities which match workers skills;

2. Calls on the Commission, Member States and local authorities to cooperate closely with social partners and ELA on improving access to information for workers and employers as well as the enforcement of rules regarding fair labour mobility;

Or. en




2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the

2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the mobility of workers, promoting high-quality job opportunities which match

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right public policies and providing high-quality job opportunities which match workers skills;

workers skills;

Or. es





2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee, facilitate and promote mobility of workers, by implementing the right public policies and providing high-quality job opportunities which match workers skills;

Or. en





2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the right public policies and supporting the upskilling and reskilling of workers so that they are equipped with up-to-date skills and thus can reap the full benefit of

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high-quality job opportunities;

Or. en





2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – fair mobility of workers, determined by the search for the best work and life opportunities, by implementing the right public policies and providing high-quality job opportunities and decent wages which match workers skills;

Or. it





2. Calls on the Commission, Member States and local authorities to work together with the social partners to formulate specific sectoral strategies and action plans to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the right public policies and providing high-quality job opportunities which match workers skills;

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Or. hu

Amendment 102Marie-Pierre Vedrenne, Sylvie Brunet, Dragoș Pîslaru, Véronique Trillet-Lenoir, Ilana Cicurel, Jordi Cañas, Stéphane Bijoux




2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and facilitate the voluntary – rather than enforced – mobility of workers, by implementing the right public policies and providing high-quality job opportunities which match workers skills; therefore calls on the Member States to guarantee fair and equitable conditions for mobile workers by boosting the portability of their rights and allowances and intensifying administrative cooperation between national and local administrations;

Or. fr




2a. Recalls the importance of involving social partners in the design and implementation of the regulation of services and professions, promoting a fair and rules-based services market, where high social and environmental standards, quality services and fair competition

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constitute paramount considerations; recalls that a high level of workers’ rights, social and environmental protection, as well as collective bargaining and collective action, can never be seen as barriers to trade; stresses that social dialogue and collective bargaining must lie at the heart of the social market economy; Calls on the Commission and Member States to oppose the further fragmentation of collective bargaining systems, protect Member States’ existing sectoral collective bargaining systems with the view to facilitate and expand socialpartners’ capacity to implement sectoral agreements;

Or. en

Amendment 104Marie-Pierre Vedrenne, Sylvie Brunet, Dragoș Pîslaru, Véronique Trillet-Lenoir, Ilana Cicurel, Jordi Cañas, Stéphane Bijoux



2a. Calls on the Member States to ensure compliance with European rules on labour mobility, in particular those on posting, in order to ensure fair working conditions for workers and to contribute to upward social convergence; calls also on the Commission and the Member States to provide the European Labour Authority, as soon as possible, with resources which are both adequate and necessary to enable it to fulfil its mission and ensure fair labour mobility within the Union;

Or. fr

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2a. Calls on the Commission to ensure efficient coordination and exchange of information between Member States, also with the help and support of the ELA; recalls that ELA should play a key role in enhancing the detection of social fraud, exploitation and abuses in cross-border employment situations, such as social fraud, bogus self-employment, bogus posting, letter-box companies, undeclared work as well as artificial arrangements with regard to subcontracting and supply-chains;

Or. en

Amendment 106Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Ilana Cicurel, Stéphane Bijoux, Jordi Cañas, Radka Maxová, Atidzhe Alieva-Veli, Abir Al-Sahlani



2a. Besides the guidelines published on 30 March concerning the exercise of the free movement of frontier, posted and seasonal workers in critical occupations, welcomes the European Commission’s announcement that it is preparing guidelines on seasonal workers1a to ensure their health and safety at work; considers that these could be useful tools to support free movement of workers while contributing to safe working

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conditions;__________________1a Commissioner Nicolas Schmit’s speech on Thursday 18 June during the debate on the European protection of cross-border and seasonal workers in the context of the COVID-19 crisis

Or. en

Amendment 107Jarosław Duda



2a. Calls on the Member States to publish all information on the conditions of posting, particularly as regards local and regional collective agreements, as well as those that are generally applicable, on standardised websites; stresses that access to information is crucial, as it provides legal clarity for employers and allows for better protection of employees' rights;

Or. pl




2a. Given that Europe’s societies are ageing, the shortage of a skilled workforce is increasingly becoming a problem, and therefore one determining factor in the present and future survival

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of industry is the development of a demand-led training system which, alongside promoting the principle of generational renewal, will encourage digitalisation and in which higher education and training systems must play a key role;

Or. hu




2a. Calls on the Commission to take action to improve mutual recognition of skills, which, in the main, continues to be governed by bilateral agreements between individual Member States; points out that this state of affairs is drastically reducing the quantity and quality of work opportunities, affecting professional classification and, therefore, wages;

Or. it




2a. Considers that post-Covid19 all relevant EU policies including those aimed at strengthening the internal market must embrace the recovery of quality employment and manufacturing opportunities throughout the Union, in order to support the equal and sustainable

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development of all EU regions;

Or. en




2a. Calls on the Commission, in cooperation with Member States and local authorities and with a view to simplifying the recognition of professional qualifications, to coordinate and encourage the removal of bureaucratic and administrative barriers;

Or. it




2a. In light of the COVID-outbreak Member States should rapidly establish specific burden free and fast procedures to ensure swift passage for frontier workers and seasonal workers, while ensured safe working conditions.;

Or. en


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2a. Notes that the service market usually is a gateway for young people, migrants and long-term unemployed; Underlines the need for a well-functioning service market to fight youth unemployment and getting people to work;

Or. en




2b. Calls on the Commission and the Council to resume, as soon as possible, negotiations on the revision of Regulation (EC) No 883/2004 on the coordination of social security systems , as all EU citizens who work in another Member State must have legal certainty as regards their rights, in particular, a guarantee of the same social security and social care and healthcare rights as domestic workers in the country where they carry out their professional activity and pay labour taxes;

Or. it



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2b. Highlights that any future initiative on the design and implementation of the regulation of professions and free movement of services should place workers, their representatives and trade unions, as well as workers’ interests and long-standing expertise at its core to ensure democratic functioning and high social and environmental standards; calls on the Commission to fully include workers, their representatives and trade unions at every stage of the procedure;

Or. en




2b. Calls for unnecessary bureaucratic burdens to be reduced to a minimum, as they increase legal chaos; calls, at the same time, on the Member States to effectively enforce existing legislation and, above all, to combat undeclared work;

Or. pl



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2b. Calls for the full implementation of Services and the Professional Qualifications Directive built on mutual recognition to facilitate the free movement of services and workers, while reducing the amount of regulated occupational standards;

Or. en




2b. Notes that facilitating free movement of workers and a well-functioning service market whiteout unjustified infringements will contribute to upward convergence in the EU, social cohesion as well as a competitive European economy;

Or. en




2b. Calls on the Commission to increase its efforts and make ELA operational without undue delay in view of improving the application and

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enforcement of Union law related to labour mobility and social security coordination;

Or. en




2b. Calls on the Commission and Member States to guarantee trade union access to workplaces and rights to workers, in particular mobile workers;

Or. en




2c. Notes that at least 80 million workers in Europe are mismatched in terms of qualifications and more than 5 out of 10 jobs that are hard-to-fill are found in high-skilled occupations; stresses the need to create additional ways to attract talent and well-needed skills; calls for the current Blue Card proposal to be unblocked;

Or. en

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2c. Is of the opinion that creating jobs in the aftermath of Covid-19 should be the priority of the Commission and Member States; Urges, therefore, the Commission to take action to uphold and further open the services markets where the job creation potential is greatest;

Or. en




2d. Stresses the importance of supporting and updating workers’ skills, in particular digital skills, through existing mechanisms for recognition and compatibility of skills and qualifications, such as EURES, Europass online platform and ESCO.

Or. en

Amendment 124Beata Szydło, Elżbieta Rafalska, Anna Zalewska



3. Calls on the Commission and 3. Calls on the Commission and

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Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.

Member States to promote the use of digital tools, such as EESSI and IMI; calls, at the same time, on the Commission to take steps to develop the digital A1 form and the European Social Security Identification Number, and calls on the Member States to provide labour inspectorates with sufficient resources; calls, furthermore, on the Member States to ensure that the checks carried out are proportionate, justified and non-discriminatory.

Or. pl




3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.

3. Calls on the Commission and Member States to promote the use of digital tools; calls on the Commission to put forward a proposal for the establishment of a European Social Security Identification Number, and on the Member States to provide labour inspectorates with sufficient resources;

Or. pl




3. Calls on the Commission and Member States to promote the use of digital tools and provide labour

3. Points out that digitalisation is both a horizontal and a vertical challenge for the internal market: it catalyses the

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inspectorates with sufficient resources. servitisation of industry (linking with and broadening the provision of services), creates new value chains, business and consumption models and provides a new supply-and-demand forum, all of which means that the opportunities provided by digitalisation are indispensable in improving competitiveness and the quality of the labour market, and on this basis calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources, while making a firm request for cyber defence as a guaranteeing factor to be accorded a prominent role;

Or. hu

Amendment 127Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Ilana Cicurel, Stéphane Bijoux, Jordi Cañas, Radka Maxová




3. Calls on the Commission and Member States to promote the use of digital tools such as the introduction of a digital European Social Security Number and the swift completion of the Electronic Exchange of Social Security Information in order to enhance cooperation between Member States and allow for a smooth and fair mobility of European workers; equally calls on the Commission and Member States to ensure that the European Labour Authority becomes quickly fully operational and to provide labour inspectorates with sufficient resources so as to tackle fraud and the lack of enforcement of the European legislation.

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Or. en





3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources; calls on the Member States to improve the cooperation and the exchange of information on social security systems: Calls on the Commission to put forward an initiative for a European Social Security Number, providing legal certainty for workers and businesses, while effectively also controlling subcontracting practices, and combatting social frauds such as false self-employment, bogus posting, letterbox companies and other artificial arrangements;

Or. en





3. Points out that workers as well as business and consumers suffer the consequences of inadequate implementation and circumvention of social security, labour law and collective agreements; urges Member States to

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ensure the proper implementation and enforcement of current legislation, including the protection of workers, thereby facilitating the cross-border provision of services, combatting social dumping and ensuring a level playing field; calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.

Or. en





3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources; calls on the Member States to implement all components of the Electronic Exchange of Social Security Information (EESSI) system to ensure a more effective cooperation between social security institutions and a faster, digitised processing of individual cases to the benefit of citizens in cross-border situations;

Or. en

Amendment 131Marie-Pierre Vedrenne, Sylvie Brunet, Dragoș Pîslaru, Véronique Trillet-Lenoir, Ilana Cicurel, Jordi Cañas, Radka Maxová, Stéphane Bijoux


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3. Calls on the Commission and Member States to promote the use of digital tools and provide national labour inspectorates with sufficient resources; in this context, urges the Member States to commit themselves fully to the digitalisation of public services in order to facilitate fair labour mobility, particularly with regard to the coordination of social security systems.

Or. fr





3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources. Urges the Commission to make the European Labour Authority fully operational as soon as possible to ensure a better coordination between the national labour inspectorates and to tackle cross-border social dumping.

Or. en



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3. Calls on the Commission and Member States to promote the use of digital tools, which citizens and workers must be trained to use, and provide labour inspectorates with the resources to take proper measures to tackle all forms of abuse.

Or. it





3. Calls on the Commission, Member States and local authorities to promote the use of digital tools and provide labour inspectorates with sufficient resources.

Or. it

Amendment 135Jordi Cañas



3a. Stresses that workers with disabilities continue to face multiple obstacles that make it difficult or impossible to fully benefit from the free movement of services; calls on the Member States to implement without delay the European Accessibility Act, in order to effectively remove barriers for workers with disabilities and ensure the

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availability of accessible services, as well as the suitability of the conditions under which services are provided; highlights the paramount importance of achieving a fully accessible Single Market that ensures the equal treatment and economic and social integration of workers with disabilities;

Or. en




3a. Underlines that harmful practices on the free movement of workers affect every Member State; Calls for increased vigour from the Commission to ensure efficient coordination and exchange of information between Member States, so as to improve the enforcement of procedures and checks for the cross-border provision of services, including workers’ rights, effectively detecting abuses and exploitation such as social fraud, false self-employment, bogus posting, letter-box companies and artificial arrangements through subcontracting and in supply-chains; Calls on the Commission and Member States to strength the common labour inspections

Or. en


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3a. Calls on the Commission to introduce a European Social Security Register as well as a European Social Security Number, to provide legal certainty for workers and businesses, while effectively controlling subcontracting practices and combating social fraud; urges Member States in this context to ensure the proper implementation and enforcement of Union law to facilitate the free movement and social protection of workers as well as the cross-border provision of services, thereby ensuring a level playing field in the Single Market;

Or. en




3a. Considers that establishing a digital and dynamic system of identification and data exchange between Member States could help facilitate the fight against abuses of and issues with mobile, frontier, cross border and seasonal workers’ rights, undeclared work and determining coverage of the responsible social security system; calls in that context for the Commission to prepare an exhaustive impact assessment on the introduction of a digital European Social Security Number with a view to smooth launching a proposal;

Or. en

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3a. Calls on the Commission to put forward an initiative for a European Social Security Number; recalls that such proposal can facilitate the life of every EU citizen making use of their fundamental right to free movement; recalls that a European Social Security Number can improve traceability of Social Security coverage and contributions and thereby support citizens and companies that comply with social security rules while possibly improving the fight against criminal actors undermining the level playing field.

Or. en

Amendment 140Jessica Polfjärd



3a. Recalls that all measures which prohibit, impede or render less attractive the exercise to provide services, than a domestically established entity, is a violation against the TFEU (art. 49) as well as the Services Directive (2006/123/EC); calls on the Commission and Member State to facilitate cross-border work by removing barriers such as laws and customs that are detrimental for work across borders;

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Or. en




3a. Urges Member States at national and regional level to avoid gold-plating and disproportional regulatory requirements hindering cross-border work; calls on Member States to implement current legislation accurate thereby facilitating the cross-border provision of services and ensuring a level playing field;

Or. en

Amendment 142Johan Danielsson, Heléne Fritzon



3a. Calls on the Commission and Member States to take actions to strengthen and promote social dialogue, the autonomy of the social partners and encourage workers to organize as a key instrument to achieve high standards on quality of employment;

Or. en


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3a. Calls on Member States and local authorities to work together to prevent unfair practices involving industries in the same sector that result in social and wage dumping;

Or. it




3a. Calls for the transposition of Directive 2019/882 on accessibility requirements for products and services as a matter of urgency;

Or. hu




3b. Calls on the Commission and the Member States to ensure, as a matter of urgency, the proper implementation and enforcement of applicable Union legislation concerning the rights of cross-border and seasonal workers, particularly the right to equal pay for equal work at

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the same place as well as decent working and employment conditions; stresses the particular vulnerability of women and young mobile workers; underlines the need to step up concerted and joint labour inspections at national and cross-border level in this context; insists that decisive steps must be taken to ensure that cross-border and seasonal workers have a clear understanding of, full information about and unhindered access to their contracts, rights and obligations before departure and that their contracts are made available to the competent authorities; calls on the Member States to enhance the capacity of labour inspectorates and to prioritise sectors where workers are at risk;

Or. en




3b. Underlines that the development of services linked to disruptive or emerging technologies require appropriate market scale and opportunities in order to justify investment and to support companies' growth; considers that the current status of the internal market does not fully support such investment; recalls that many innovative or scaling-up companies seek to establish themselves outside of Europe once they reach a certain size; stresses that in order for European companies to remain significantly headquartered, competitive, operational and to provide quality jobs in Europe realisation of the freedom to provide services is needed;

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Or. en




3b. Expresses deep concern that a European services e-card may create additional loopholes in existing legislation, hinder effective controls and enforcement of the rules in place by effectively introducing the country of origin principle; is of the opinion that such a proposal is a support program for undeclared work, letter box companies, avoiding labour standards, fair pay, collective agreements and social dumping; therefore calls on the Commission to withdraw the legislative services e-card proposal as previously requested by the European Parliament;

Or. en

Amendment 148Jordi Cañas



3b. Notes that the European Single Market constitutes the largest integrated market in the world, which has raised real GDP per capita by between 12 % and 22 %s since its inception; highlights the large economic impact of COVID-19 pandemic, undermining the free movement of services and workers; stresses the need for a European

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Teleworking Agenda that provides for minimum and clear standards for remote work, thus minimising the negative effects on economic growth and jobs creation, as well as ensuring legal certainty throughout EU1a;__________________1a European Parliamentary Research Service, "Single market and the pandemic: Impacts, EU action and recovery" June 2020

Or. en

Amendment 149Johan Danielsson, Alicia Homs Ginel, Heléne Fritzon



3b. Calls on the Commission to incorporate the occupational health and safety aspects as key for strengthening the single market in a social sustainable way and create fair competition on the single market; consider that the Commission should adopt a new and ambitious EU Strategic Framework on Health and Safety at Work that includes a zero-vision of work related deaths; and calls on the Commission to continue to set binding occupational exposure limits of carcinogens at work;

Or. en

Amendment 150Jessica Polfjärd


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3b. Calls on the Member States to guarantee mobile workers adequate conditions by facilitating the coordination of social security services;

Or. en




3c. Highlights that Member States can legitimately use reasons of public interest to limit or restrict cross-border services provisions as ruled by the European Court of Justice; recalls in this regard, that this entails amongst other reasons the protection of consumers, the environment and social policy objectives and thus these should not be regarded as restrictive measures for cross-border trade services provisions which would otherwise add legal uncertainty; underlines that the principle of the country of destination respects local regulations including rules on employment law and those laid down in collective agreements; reiterates that regulated professions may be necessary for the protection of consumers, the public interest and the rule of law; recognizes that some requirements such as territorial restrictions and economic needs tests may create unjustified obstacles to cross-border establishment;

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3c. Highlights that overriding reasons of public interest invoked by Member States often justify provisions restricting the access to or the pursuit of services where these provisions are proportionate as confirmed in many ruled case-laws of the European Court of Justice1a; notes that many cases of overriding reasons of public interest are based on quality and consumer protection, and its justified exceptions are non-discriminatory, proportionate, appropriate and purposeful; calls on the Commission to continue the monitoring of Member State performance in transposing and implementing legislation and to develop with Member States, social partners and stakeholders transparent and participative evaluations that should not only be based on quantitative but also qualitative criteria__________________1a https://eur-lex.europa.eu/search.html?typeOfCourtStatus=COURT_JUSTICE&DB_TYPE_COURT=COURT_JUSTICE&textScope0=ti-te&qid=1591182297109&DTS_DOM=EU_LAW&type=advanced⟨=en&andText0=%22Overriding%20reasons%20in%20the%20public%20interest%22&SUBDOM_INIT=EU_CASE_LAW&DTS_SUBDOM=EU_CASE_LAW

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Amendment 153Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius,

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Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Johan Danielsson, Heléne Fritzon, Gabriele Bischoff, Manuel Pizarro



3c. Calls on the Commission present a legislative proposal to ensure that a company, that is instructing another company with the provision of services on its behalf, can be held liable to pay to workers all due entitlements and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in addition to or in place of the employer;

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3c. Considers the Commission proposal for a revised services notification procedure would undermine the legislative competence of the Member States in the field of services and does not comply with the principle of subsidiarity; therefore calls on the Commission to withdraw this proposal;

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3c. Warns that without further reform of the services, reshoring of the production back to EU might be jeopardised and European businesses might lack a solid basis to compete globally and to offer quality jobs in the EU;

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3c. Calls on the Commission to combat the use of letterbox companies and undeclared work to secure that the freedom to provide services do not lead to social dumping or unfair competition;

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3d. Calls on the Commission and the Member States to ensure that services of general economic interest (SGEI), including social services of general interest (SSGI), are secured within a framework of universal access, high quality, affordability and clear financing

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rules; believes that the Commission should take initiatives using all options available, based upon and consistent with Article 14 and Protocol 26 of the Treaty, and ensuring that SGEI and SSGI can be operated at appropriate level, respecting the principle of subsidiarity;

Or. en




3d. Calls upon the Commission to identify protection gaps and possible necessary revisions of Directive 2008/104/EC on temporary agency work, in order to ensure decent working and employment conditions for temporary agency workers and fair competition for temporary agencies;

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3d. Calls on the Commission and the Member State to improve EU-regulations and the coordination of national authorities in order to facilitate the detection of tax evasion; encourage the Commission and the Member States to

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propose a binding action plan to combat tax evasion;

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3d. Calls on Member States to ban subcontracting so that employers take direct responsibility for their workers, minimise worker turnover at the workplace where an acute risk for public health exists and halt the use of precarious contracts;

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3d. Encourages the Commission to supplement the data published with relevant data arising from IMI, SOLVIT, ChAP and other relevant resources;

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3e. Underlines that promoting the single market, including the free movement of services and people, is paramount for tackling the economic crisis caused by COVID-19; urges all Member States to ease disproportionate and unjustified restrictions on free movement within the single market;

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Documents

AM Com NonLegOpinion · Alicia Homs Ginel, Estrella Durá Ferrandis, Lina Gálvez Muñoz, Agnes Jongerius, Elisabetta Gualmini, Brando Benifei, Pierfrancesco Majorino, Johan Danielsson,