The European Advisory Group for the European Labour Authority (hereafter referred to as ‘the Group’) is set up.
Commission Decision (EU) 2018/402 of 13 March 2018 setting up the European Advisory Group for the European Labour Authority (Text with relevance for the EEA and for Switzerland. )
Commission Decision (EU) 2018/402 of 13 March 2018 setting up the European Advisory Group for the European Labour Authority (Text with relevance for the EEA and for Switzerland. )
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46 and 48, Article 53(1), Article 62, and Article 91(1) thereof,
Whereas:
In his State of the Union address 2017(1), President Juncker proposed the establishment of a ‘European Labour Authority’ to strengthen fairness in the Internal Market and ensure that EU rules on labour mobility are enforced in a fair, simple and effective way.
On 13 March 2018, the Commission has proposed to set up the European Labour Authority(2), in order to support the Member States and the Commission in facilitating access for individuals and employers to information on their rights and obligations as well as to relevant services in cross-border labour mobility situations, to support cooperation between Member States in the cross-border enforcement of relevant Union law, and to mediate and facilitate solutions in case of cross-border disputes or labour market disruptions.
An advisory group should be set up to advise and assist the Commission on the swift establishment and future functioning of the European Labour Authority, which should be called the European Advisory Group for the European Labour Authority (hereafter ‘the Group’). While not taking part in the legislative process leading to the adoption of the proposed Regulation establishing the European Labour Authority, the Group should help lay the ground for setting up the European Labour Authority.
The Group should in particular allow exchanging best practices and experiences on cooperation in the areas of cross-border labour mobility and the coordination of social security systems that could be further developed by the European Labour Authority, as well as examining general questions, questions of principle and practical problems arising from the implementation of relevant Union law. The Group should also assist with identifying the means of cooperation and contribution of relevant existing bodies, including EU agencies, towards the establishment and good functioning of the European Labour Authority.
The Group should be chaired by the Commission (DG Employment, Social Affairs and Inclusion) and be composed of representatives at senior level of Member States' authorities, Union-level social partners, the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Training Foundation (ETD) and the European Agency for Safety and Health at Work (EU-OSHA). Union-level social partners should equally represent trade unions and employers' organisations.
European Free Trade Association (EFTA) States and the European Union Agency for Law Enforcement Cooperation (Europol) should be granted an observer status.
The Group should cooperate with existing bodies in the area of labour mobility and social security coordination.
Rules on disclosure of information by the members and observers of the Group should be laid down.
Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council(3).
This Decision should apply until the European Labour Authority has been set up,
HAS ADOPTED THIS DECISION:
Article 1 Subject matter
Article 2 Tasks
The Group shall advise and assist the Commission (DG Employment, Social Affairs and Inclusion) on the swift establishment and future functioning of the European Labour Authority.
In particular, the group's tasks shall be:
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to facilitate cooperation among national authorities and stakeholders and advise the Commission on the swift establishment and operational future functioning of the European Labour Authority.
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to examine general questions, questions of principle and practical problems arising from the implementation of Union legislation on cross border labour mobility and social security coordination and their impact on the activities of the European Labour Authority.
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to exchange views on and identify best practices and examples of good cooperation in the area of cross border labour mobility and social security coordination in view of developing the activities of the European Labour Authority.
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to identify the means of cooperation and the contribution of existing bodies, including decentralised EU agencies, towards the establishment and good functioning of the European Labour Authority.
Article 3 Membership
1.
The Group shall be composed of:
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One representative from each Member State;
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Six representatives from Union-level social partners equally representing trade unions and employers' organisations;
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One representative from each EU Agency in the field of employment and social affairs.
2.
Members shall nominate their representatives at senior level and shall be responsible for ensuring that their representatives provide a high level of expertise.
3.
Representatives shall be nominated within 30 days of the entry into force of this Decision. Representatives may be accompanied by experts.
4.
Members who are no longer capable of contributing effectively to the expert group's deliberations, who, in the opinion of the Commission (DG Employment, Social Affairs and Inclusion), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term of office.
Article 4 Chair
The Group shall be chaired by a representative of the Commission (DG Employment, Social Affairs and Inclusion).