The European Parliament and the EU Council began to address the thorny issue of the subject matter and scope of the Regulation on the European Labour Authority at a second interinstitutional meeting on Tuesday 8 January.
Discussions focused in particular on Article 1 on the subject matter and scope of the European Labour Authority (or Agency, since the Member States did not keep the title proposed by the European Commission). The Council had indeed introduced a closed list containing all the European legislative acts covered in order to clarify, but also to limit, the scope of the European Labour Authority's activities (see EUROPE 12154, 12153).
On the contrary, the European Parliament had opted to broaden the scope by removing the explicit reference to cross-border mobility and focusing on worker mobility in general (see EUROPE 12157, 12146). Not surprisingly, no agreement has been reached at this stage.
Other discussion points
Other articles of the Regulation were also discussed, in particular Article 6 on information on cross-border worker mobility, Article 8 on cooperation and exchange of information between Member States, Article 9 on coordination of concerted and joint inspections and Article 10 on arrangements for concerted and joint inspections.
On Article 8, the European Parliament added that the Authority should work - in addition to the Administrative Commission for the Coordination of Social Security Systems - with the Advisory Committee on the Free Movement of Workers and the European Platform to strengthen cooperation in the fight against undeclared work
In addition, the European Parliament added the reference to "shall establish close cooperation" between the authority and the various bodies mentioned above, that where the Council has kept the Commission's wording, which "shall facilitate cooperation".
The Council said it was ready to accept the principle of close cooperation, but expressed its reservations about the addition of the various bodies by the European Parliament.
National competences
Regarding Article 9, the co-legislators discussed the procedure in the event of a Member State's refusal to participate in a joint inspection. Here, parliament members have asked that any refusal be justified within one month. In addition, still according to the Parliament’s position, the Member State that refuses should suggest a solution to a possible dispute.
With regards to Article 10, the Parliament has clarified in a new paragraph that officials of another Member State and of the Authority participating in concerted or joint inspections have the same powers as national officials in accordance with the national legislation of the Member State concerned. In addition, the Parliament wants the Authority to be able to participate as an observer and provide logistical support. All these provisions are causing teeth-grinding among Member States. (Original version in French by Pascal Hansens)