Brussels Bulletin No 515, 15 July 2016
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Brussels Bulletin No. 515: 15 July 2016 NATIONAL PARLIAMENT OFFICE HOUSE OF COMMONS BRUSSELS BULLETIN NO. 515 15 July 2016 Contents Page POSTING OF WORKERS ..................................................................................................................................2 THYSSEN MEET S JURI M EP S T O DI SCUSS POSTING OF WORKERS ....................................................................2 CAPITAL MARKETS UNION ..........................................................................................................................5 LORD HILL GIVES FINAL EP ADDRESS ....................................................................................................................5 OTHER NEWS .......................................................................................................................................................8 UK’S REFERENDUM RESULT DISCUSSED BY OTHER NATIONAL PARLIAMENT S AND GOVERNMENT S ...........8 DER SPIEGEL PUBLISHES JOINT INTERVIEW WITH SCHULZ AND JUNCKER........................................................8 14TH ROUND OF TTIP NEGOT IATIONS T AKES P L ACE............................................................................................8 EUROGROUP MEETING AND EUROZONE DEBATE ..................................................................................................9 JUNCKER ACCEPT S SIR JULIAN KING AS NEW BRITI SH COMMISSIONER ...........................................................9 PANAMA PAP ERS COMMITTEE OF INQUIRY HOLDS ITS FIRST MEETING.............................................................9 18TH EU-CHINA SUMMIT TAKES PLACE IN BEIJING...........................................................................................10 COMMISSION ADOPTS COMMUNICATION ON VISA RECIPROCITY WITH US AND CANADA............................10 MEP S ADOPT CHANGESTO FIREARMS DIRECTIVE .............................................................................................10 COMMI SSI ON P ROP OSES REFORM OF THE ASYLUM SYSTEM AND RESETTLEMENT FRAMEWORK ...............11 JEAN-CLAUDE PIRIS INTERVIEWED ON ART I CL E 50...........................................................................................11 MERKEL, HOLLANDE, RENZI TO HOLD BREXIT SUMMIT ...................................................................................12 OMBUDSMAN PUBLISHES FINDINGS OF INQUIRY INTO T RILOGUE T RANSP ARENCY........................................12 CALENDAR ..........................................................................................................................................................13 SLOVAK PRESIDENCY: FORTHCOMING COUNCIL MEETINGS (JULY TO DECEMBER 2016) ............................13 SLOVAK PRESIDENCY: FORTHCOMING INTER-PARLIAMENTARY MEETINGS IN BRATISLAVA (JULY-DECEMBER 2016) .........................................................................................................................................................................14 OT HER EVENT S ........................................................................................................................................................14 _____________________________________________________________________________________ Track national parliament scrutiny at www.ipex.eu 1 Brussels Bulletin No. 515: 15 July 2016 Posting of Workers Thyssen meets JURI MEPs to discuss Posting of Workers On Tuesday 12 July, Marianne Thyssen, European Commissioner for Employment, Social Affairs, Skills and Labour Mobility, held an exchange of views with Members of the EPs Legal Affairs Committee (JURI) on the Posting of Workers Directive. The discussion centred on concerns raised by national Parliaments relating to subsidiarity and proportionality and the corresponding “Yellow Card” that was triggered.1 Introduction Thyssen began by noting that for many years there had been complaints that the existing Posting of Workers rules from 1996 had led to unfair outcomes. In particular, she mentioned both the fact that European citizens were facing downward pressure rather than enjoying upward convergence, and that currently there was a lack of employment fairness where instead there should be a level playing field. Thyssen said that existing legislation had tackled only part of these problems and stressed that more had to be done. She stated that the Commission was not blind to these complaints and that it had made an objective analysis based on “facts and figures” that suggested an amended Posting of Workers Directive was required. She said that the Commission had asked all Member States to contribute their data and added that a wide range of stakeholders - including national and European Parliamentarians, Ministers, business leaders and cross-industry social partners - had been engaged with during the consultation phase. As a result, Thyssen felt that she had been able to put a “balanced” proposal on the table on 8 March. The essence of Thyssen’s new proposal was that consistent rules on remuneration should apply for the same work at the same location, irrespective of who carried out that labour. She stressed that posted workers were not “second class” citizens and stated that their labour deserved to be fully valued: it was a matter of dignity. Thyssen said that national Parliaments from 11 Member States had issued Reasoned Opinions (ROs) expressing concerns about the proposal and noted that, as a result, the Subsidiarity Control Mechanism, as foreseen in Protocol 2 of the treaties, had been triggered. Thyssen said that she took this signal “very seriously” and welcomed the “strong voice” that national chambers now had in the European decision-making process. She then went on to address the three most common objections brought forward in the related ROs: (1) The first issue raised by national Parliaments was that no EU action was required and that instead problems occurring in the context of the posting of workers were best solved at the national level. To this, Thyssen said that posting, by its very nature, was a cross-border phenomenon and that, in light of this, rules dealing with the matter were best set at Union level. Thyssen said that the objectives of achieving a level playing field for service providers and for ensuring appropriate protection of posted workers across the EU could not be effectively achieved by national action only. In her eyes, Member States acting unilaterally would lead to a fragmentation of the Internal Market and that in itself was reason enough to demand EU legislation. (2) The second concern issued by national Parliaments was that the proposal would interfere with national competences on remuneration and on organising industrial relations. Thyssen offered a firm assurance that this was not the case and emphasised that such rules and regulations were indeed a Member State competence. Thyssen argued that the proposal fully respected this and that it made no attempt to harmonise the setting of wages across Europe. 1 See Brussels Bulletin No. 511 _____________________________________________________________________________________ Track national parliament scrutiny at www.ipex.eu 2 Brussels Bulletin No. 515: 15 July 2016 She argued that it merely ensured that mandatory rules on remuneration in the Member States where the work was carried out - set in accordance with that Member State’s national practice - applied to local workers and posted workers alike. (3) The final area of reservation from national Parliaments was that the proposal would restrict the freedom to provide services and that it would remove the competitive advantage of lower wage countries and their businesses. Thyssen stated that those concerns were not related to the principle of subsidiarity as they did not touch upon the question of whether Union legislation was the right level at which to act, instead critiquing the impact of the proposed action instead. She added, however, that she couldn’t see how “clearer and fairer” rules on posting of workers would restrict the freedom to provide services: in her eyes, the EU’s Internal Market was a market with clear rules and that those rules were needed to organise the freedom to provide services in a way that was fair for everybody. On a general note, Thyssen argued that the Commission’s proposal did not add any administrative requirements for businesses and nor did it remove the business case for posting, including from lower wage countries. Thyssen stressed that the proposal wo uld reduce but not entirely remove the differences in total labour costs between posted and local firms. She added that social security contributions and taxes would “for good reasons” continue to be due in the country of origin and noted that demand for posting would continue to be driven by labour and skills shortages in higher wage countries. Thyssen concluded by stating that the Commission was scheduled to discuss the Reasoned Opinions at next week’s College meeting on 20 July and she emphasised that P resident Juncker was committed to pursuing enhanced political dialogue with national Parliaments beyond this decision. Thyssen pointed out that she and fellow Commissioners had taken part in more than 300 meetings with national Parliaments since taking office in November 2014 and she emphasised that having a strong collective national Parliament voice, alongside the EU institutions, would play a full role in healthy democratic debate. Debate Daniel Buda (EPP, Romania) said that he was frustrated by Thyssen’s approach to the Posting of Workers Directive