On the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98
EMPL-AD-745211
Committee on Employment and Social Affairs · Rapporteur: Marc Angel
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The Committee on Employment and Social Affairs proposes amendments to the proposed regulation establishing a Single Market emergency instrument. It wants the rules to safeguard free movement of goods, services and persons, including workers, during crises, and to protect workers' rights and social partner involvement.¶¶¶ The amendments add social partner representatives to the advisory group, require consultation with trade unions and employers on labour market impacts, and ensure workers' representatives are informed and consulted on emergency measures.¶¶¶ They require Member States to notify free movement restrictions, justify them, and lift them when the emergency ends. Restrictions must be proportionate, non-discriminatory and respect fundamental rights.¶¶¶ The amendments also change the repeal of Council Regulation (EC) 2679/98 into amendments, so that Articles 3, 4 and 5 cease to apply only during the Single Market emergency mode.¶¶
Committee position. The Committee on Employment and Social Affairs proposes amendments to the proposed regulation to strengthen workers' rights, social partner involvement and free movement protection during Single Market emergencies.¶
Key points
- The committee calls on the Internal Market and Consumer Protection Committee to take into account its amendments to the proposed Single Market emergency instrument regulation.¶
- Member States should abstain from measures contrary to free movement of goods, services and persons and facilitate that movement.¶
- The regulation should prevent, prepare for and respond to crises while respecting fundamental human rights and workers' rights and safeguarding free movement.¶
- The advisory group should include four representatives of European social partners, with equal representation of trade unions and employers.¶
- The advisory group should consult trade unions and employers on labour market impacts, workers' rights and free movement of workers, especially mobile, frontier and cross-border workers.¶¶
- Member States should notify the Commission of any draft measures restricting free movement, with reasons and special arrangements for mobile workers.¶
- Restrictions on free movement must be limited in time, regularly reviewed, removed when the situation allows, and have no legal effect when the emergency mode is deactivated.¶
- Member States should inform citizens, workers, employers and their representatives about measures affecting free movement rights in a clear, timely and unambiguous manner.¶
- Member States should not impose travel restrictions on workers and service providers if their activities are not affected and safe travel is possible, provided health and safety can be ensured.¶
- The Commission may provide supportive measures to facilitate free movement of persons and issue templates for attesting crisis-relevant status.¶¶
- Workers affected by priority rated orders should be consulted, trained and compensated, and occupational health and safety must be respected.¶
- Articles 3, 4 and 5 of Regulation (EC) 2679/98 shall cease to apply for the duration of the Single Market emergency mode, and Article 2 is amended to protect fundamental rights.¶¶
Who is affected
- Mobile workers, including frontier and cross-border workers, who face restrictions on free movement during crises.¶¶¶
- Trade unions and employer organisations, which gain a role in the advisory group and must be consulted on emergency measures.¶¶¶
- Economic operators, including SMEs, which face information requests and priority rated orders, with worker consultation required.¶¶
- Member States, which must notify restrictions, justify them, and ensure they are proportionate and non-discriminatory.¶¶
- Citizens, consumers and workers, who must be informed about crisis measures affecting free movement.¶¶
Figures and deadlines
- The advisory group shall be composed of one representative from each Member State and four representatives of European social partners.¶
- The vigilance mode may be extended for a maximum duration of six months.¶
- The Single Market emergency mode shall be a maximum of six months.¶
- The Commission may assess the need for further measures at its own initiative or at the request of 14 Member States.¶¶