### (8) in order to ensure that member states have sufficient financial means to swiftly implement crisis repair actions in the context of the covid-19 pandemic and prepare the recovery of the economy , it is necessary to provide a higher level of pre-financing payment for the quick implementation of actions supported by the additional resources. the magnitude of the pre-financing should ensure that member states have the means to arrange for advance payments to beneficiaries where necessary and to reimburse beneficiaries quickly following the submission of payment claims. ### (8) in order to ensure that member states have sufficient financial means to swiftly implement crisis repair actions in the context of the covid-19 pandemic and prepare the socio-economic recovery , it is necessary to provide a higher level of pre-financing payment for the quick implementation of actions supported by the additional resources. the magnitude of the pre-financing should ensure that member states have the means to arrange for advance payments to beneficiaries where necessary and to reimburse beneficiaries quickly following the submission of payment claims.


### (9) with a view to alleviating the burden on public budgets regarding crisis repair in the context of the covid-19 pandemic and preparing the recovery of the economy , it is appropriate that the additional resources are not subject to co-financing. ### (9) with a view to alleviating the burden on public budgets regarding crisis repair in the context of the covid-19 pandemic and preparing the socio-economic recovery , it is appropriate that the additional resources are not subject to co-financing.


### 1. grants the executive director of the european foundation for the improvement of living and working conditions (eurofound) discharge in respect of the implementation of the foundation’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european foundation for the improvement of living and working conditions (eurofound) discharge in respect of the implementation of the foundation’s budget for the financial year 2018; ### 1. grants the executive director of the european foundation for the improvement of living and working conditions (eurofound) discharge in respect of the implementation of the foundation’s budget for the financial year 2018;


### 22. notes that on 2 april 2019 a workshop was organised upon request of the committee on petitions on "conflicts of interest: integrity , accountability and transparency in eu institutions and agencies" during which the preliminary findings of an upcoming study on "conflicts of interests and eu agencies" were presented; notes that the study , which is expected to be published in january 2020 , will provide a comprehensive overview and analysis of the policies on avoidance of conflicts of interest in the different agencies and that it will also make recommendations in relation to improved scrutiny of conflict of interest policies in agencies; calls on the network to report to the discharge authority on developments on application and possible changes in terms of conflict of interest regulations and policies; ### 22. notes that on 2 april 2019 a workshop was organised upon request of the committee on petitions on "conflicts of interest: integrity , accountability and transparency in eu institutions and agencies" during which the preliminary findings of an upcoming study on "conflicts of interests and eu agencies" were presented; notes that the study , which was published in january 2020 , provides a comprehensive overview and analysis of the policies on avoidance of conflicts of interest in the different agencies and that it also makes recommendations in relation to improved scrutiny of conflict of interest policies in agencies; calls on the network to report to the discharge authority on developments on application and possible changes in terms of conflict of interest regulations and policies;


### 1. grants the executive director of the european agency for safety and health at work discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european agency for safety and health at work discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european agency for safety and health at work discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 1. grants the executive director of the european centre for the development of vocational training discharge in respect of the implementation of the centre’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european centre for the development of vocational training discharge in respect of the implementation of the centre’s budget for the financial year 2018; ### 1. grants the executive director of the european centre for the development of vocational training discharge in respect of the implementation of the centre’s budget for the financial year 2018;


### (6) this directive should cover employment relationships between third-country workers and employers. where a member state’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker , such agencies should not be excluded from the scope of this directive. ### (6) this directive should cover employment relationships between third-country workers and employers. where a member state’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker , such agencies should not be excluded from the scope of this directive. all third-country workers who have been admitted to the territory of a member state to work on a seasonal basis should not be covered by this directive.


### (29) union law does not limit the power of the member states to organise their social security schemes. it is for each member state to lay down the conditions under which social security benefits are granted , as well as the amount of such benefits and the period for which they are granted. however , when exercising that power , member states should comply with union law. ### (29) union law does not limit the power of the member states to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work , nor the right of the member states to organise their social security schemes. it is for each member state to lay down the conditions under which social security benefits are granted , as well as the amount of such benefits and the period for which they are granted. however , when exercising that power , member states should comply with union law. if important aspects of the social security system of a member state , including its scope , cost or financial structure , were affected by this directive , the interests of that member state would prevail.


### (31) to reinforce the equal treatment of third-country workers , member states should provide for effective , proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this directive , in particular with regard to working conditions , freedom of association and affiliation and access to social security benefits. ### (31) to reinforce the equal treatment of third-country workers , member states should provide for effective , proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this directive , in particular with regard to working conditions , freedom of association and affiliation and access to social security benefits. despite the reinforcement of equal treatment of third-country workers , this directive should not grant rights in relation to family members residing in a third country , other than those who join third-country workers to reside in a member state on the basis of family reunification or family members who already reside legally in that member state.


### (32) to ensure the proper enforcement of this directive , member states should ensure that appropriate mechanisms are in place for the monitoring of employers and that , where appropriate , effective and adequate inspections are carried out on their respective territories. the selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the member states taking into account factors such as the sector in which a company operates and any past record of infringement. ### (32) to ensure the proper enforcement of this directive , member states should ensure that appropriate mechanisms are in place for the monitoring of employers and that , where appropriate , effective and adequate inspections are carried out on their respective territories.


### (33) member states should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having , in accordance with the criteria laid down by the national law , a legitimate interest in ensuring compliance with this directive , such as trade unions or other associations , or competent authorities. that is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name , for example out of fear of possible consequences. ### (33) member states should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having , in accordance with the criteria laid down by the national law , a legitimate interest in ensuring compliance with this directive , such as trade unions or other associations , or competent authorities. that is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name , for example out of fear of possible consequences. such mechanisms will respect the principle of equality vis-à-vis the nationals of the respective member state.


### ‘employer’ means any natural person or any legal entity , including temporary work agencies , for or under the direction and/or supervision of whom the employment is undertaken; ### ‘employer’ means any natural person or any legal entity , including temporary work agencies , for and under the direction and/or supervision of whom the employment is undertaken;


### the time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in article 4(3). the time limit may be extended in exceptional circumstances , linked to the complexity of the examination of the application. ### the time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in article 4(3). the time limit may be extended in exceptional circumstances , linked to the complexity of the examination of the application. in particular , for the case of workers who are beneficiaries of protection in accordance with national law , international obligations or the practice of a member state or who have applied for protection in accordance with national law , international obligations or the practice of a member state and whose application has not been the subject of a final decision , the member state is entitled to extend the time limit.


### by limiting the rights conferred on third-country workers under paragraph 1 , point (e) , but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. ### by limiting the rights conferred on third-country workers under paragraph 1 , point (e) , but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. such minimum period can be extended if the member state justifies that important aspects of its social security system , including its scope , cost or financial structure , are affected by this directive.


### in addition , member states may decide that paragraph 1 , point (e) , with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a member state for a period not exceeding six months , to third-country nationals who have been admitted for the purpose of study ### in addition , member states may decide that paragraph 1 , point (e) , with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a member state for a period not exceeding six months , to third-country nationals who have been admitted for the purpose of study. such period can be extended if the member state justifies such an extension on the basis that important aspects of its social security system , including its scope , cost or financial structure , are affected by this directive.


### 4. third-country workers moving to a third country , or their survivors who reside in a third country and who derive rights from those workers , shall receive , in relation to old age , invalidity and death , statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in article 3 of regulation (ec) no 883/2004 , under the same conditions and at the same rates as the nationals of the member states concerned when they move to a third country. ### 4. third-country workers moving to a third country , or their survivors who reside in a third country and who derive rights from those workers , shall receive , in relation to old age , invalidity and death , statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in article 3 of regulation (ec) no 883/2004 , under the same conditions and at the same rates as the nationals of the member states concerned when they move to a third country. member states may restrict these rights for workers having been employed for a shorter period than what is established under paragraph 2.b above.


### a. whereas the social economy encompasses diverse types of private entities , independent of public authorities , as cooperatives , mutual benefit societies , associations (including charities) , foundations , social enterprises , and other legal forms , all characterised by different operating and organisational principles and features such as the primacy of people as well as social purpose over profit , the reinvestment of most profits/surpluses , and democratic or participatory governance; ### a. whereas the social economy encompasses diverse types of private entities , independent of public authorities , as cooperatives , mutual benefit societies , associations (including charities) , foundations , for-profit and non-profit social enterprises , and other legal forms , all characterised by different operating and organisational principles and features such as the primacy of people as well as social purpose over profit , the reinvestment of most profits/surpluses , and democratic or participatory governance while respecting the free market economy and guaranteeing and promoting the initiatives of commercial companies that have the same purpose of cooperation in the service of people and society itself;


### b. whereas the social economy has played an important role in mitigating and addressing the short- and long-term impacts of covid-19 on the eu’s social market , society and economy and has driven and contributed to social and economic resilience thanks to the long-term orientation of the european pillar business model and the nature of social rights and the targets and activities of the social economy12; ### b. whereas there are signs that the social economy has been able to play its part in mitigating and in addressing the short- and long-term impacts of covid-19 on the eu's social market , society and economy and has driven social and economic resilience;


### c. whereas social economy organisations have a long history in the majority of member states , most of which have adopted specific laws in this field , and have established themselves as crucial market players; ### c. whereas social economy organisations have an unequal and heterogeneous history in the majority of member states , most of which have adopted specific laws in this field , and have established themselves as crucial market players;


### 1. welcomes the commission’s action plan for the social economy (seap) , the guiding principles defining the social economy set therein , the political impetus it provides to its development , and the wealth of measures announced therein; ### 1. welcomes , cautiously and with reservations , the commission’s action plan for the social economy (seap) , the guiding principles defining the social economy set therein , the political impetus it provides to its development , and the wealth of measures announced therein;


### 2. believes , however , that concrete measures and follow-up measures for achieving each objective need to be laid out and the interlinkages between measures further detailed; considers it necessary to establish a calendar for all actions included in the seap , with a view to guiding the relevant authorities in the implementation; ### 2. believes , however , that preliminary impact studies and analyses still need to be set up to make it possible to assess the concrete measures and follow-up measures for achieving each objective and the interlinkages between measures further detailed; considers it necessary to establish a calendar for all actions included in the seap , with a view to guiding the relevant authorities in the implementation;


### 3. urges the commission and the member states , as well as regional and local authorities , to mainstream the social economy dimension in relevant policies , programmes and practices; ### 3. urges the commission and the member states , as well as regional and local authorities , to mainstream the social economy dimension in relevant policies , programmes and practices , always provided that the special features of the area demonstrate that the effects are clearly beneficial for society;


### 4. reiterates its call for the ‘think small first’ principle to be set as a guiding principle in the drafting of future legislation and the adoption of policies , so as to make the union’s ecosystem more competitive and supportive of micro , small and medium-sized organisations both within and outside the social economy13; ### 4. reiterates its call for the ‘think small first’ principle to be set as a guiding principle in the drafting of future legislation and the adoption of policies , so as to make the union’s ecosystem more competitive and supportive of micro , small and medium-sized organisations both within and outside the social economy , always provided that the european union acts in compliance with the principle of subsidiarity , national sovereignty and the laws of member states;


### creating an enabling environment for the social economy ### creating an enabling environment to cover social needs


### 5. reminds the member states that the public procurement directive (directive 2014/24/eu) allows contracting authorities to use public procurement to pursue environmental and social objectives , and , in particular , allows for reserved tender procedures for organisations whose main aim is the integration of persons with disabilities or other disadvantaged groups into the workforce; invites public authorities to consider socially and environmentally responsible public procurement as an investment in the socio-economic fabric with a great potential to combine social and competitive objectives; ### 5. reminds the member states that the public procurement directive (directive 2014/24/eu) allows contracting authorities to use public procurement to pursue environmental and social objectives , and , in particular , allows for reserved tender procedures for organisations whose main aim is the integration of persons with disabilities or other disadvantaged groups into the workforce , whether they are commercial or non-profit in nature , to ensure a choice of supply to meet the majority of social demand and also to respond to the requisite criteria of excellence and care; invites public authorities to consider socially responsible public procurement as an investment in the socio-economic fabric with a great potential to combine social and competitive objectives;


### 6. encourages the member states to systematically adopt strategies aimed at developing socially responsible public procurement , thus establishing a link across policy areas between the delivery of services and products and the contribution to social objectives; considers that the transposition of the public procurement directive must be coupled with initiatives to increase knowledge about the relationship between public spending and its contribution to achieving the sdgs , and to build capacity among public procurement officers and social economy organisations; encourages public procurement officers to carry out pre-market consultations before drawing up tender documents , with a view to better understanding the existing needs and how social economy organisations could meet them; ### 6. encourages the member states to adopt options aimed at developing socially responsible public procurement , thus establishing a link across policy areas between the delivery of services and products and the contribution to social objectives and to build capacity , while respecting the free market society , among public procurement officers and social economy organisations; encourages public procurement officers to carry out pre-market consultations before drawing up tender documents , with a view to better understanding the existing needs and how social economy organisations could participate;


### 7. welcomes existing initiatives in member states to provide workers interested in the buyout process and cooperatives emerging from workers’ buyouts with legal counselling , financial support , support in the preparation of business plans , data needed for external investors and business support structures; encourages member states to include this topic in the 2023 council recommendations in order to further support these initiatives at regional and national level; ### 7. welcomes existing initiatives in member states to provide workers interested in the buyout process and cooperatives emerging from workers’ buyouts , and any other type of commercial company with social purposes , with legal counselling , financial support , support in the preparation of business plans , data needed for external investors and business support structures;


### 8. welcomes the announced report on the possible extension of the eu taxonomy for sustainable finance to social objectives; considers that the eu taxonomy needs to cover social factors , without creating an excessively disproportionate burden on businesses , as it can be a driver for investment in the field of the social economy; ### 8. welcomes , cautiously and with reservations , the announced report on the possible extension of the eu taxonomy for sustainable finance to social objectives; considers that the eu taxonomy needs to cover social factors , without creating an excessively disproportionate burden on businesses , as it can be a driver for investment in the field of the social economy;


### 9. calls on the commission and the member states to set up capacity-building partnerships and formal agreements with social economy networks in order to provide social economy organisations with advisory services such as tailor-made mentoring and coaching , financing capacity-building , training and education , incubating services and networking for capacity-building; ### 9. calls on the commission and the member states to set up capacity-building partnerships and formal agreements with social economy networks , including commercial entities , in order to provide social economy organisations with advisory services such as tailor-made mentoring and coaching , financing capacity-building , training and education , incubating services and networking for capacity-building;


### 10. highlights the key role that new technologies can play in developing and scaling up social economy projects and the importance of giving social entrepreneurs priority access to training programmes on digital skills and advanced technologies , both at eu and national level , and calls on the commission and member states to explore how mainstream businesses and social economy organisations can cooperate in that regard; ### 10. highlights the key role that new technologies that are accessible and suitable for all can play in developing and scaling up social economy projects and the importance of giving social entrepreneurs priority access to training programmes on digital skills and advanced technologies , both at eu and national level , and calls on the commission and member states to explore how mainstream businesses and social economy organisations can cooperate in that regard;


### 11. considers it regrettable that social economy organisations do not feature to the same extent as more conventional businesses in the curricula of mainstream school education and higher education enterprise and business education; in light of this , invites sector-representative bodies and relevant public authorities , in partnership with the relevant stakeholders , to review and evaluate the curricula and put forward policy recommendations for academic institutions14; ### 11. considers it reasonable that social economy organisations , since they are at an early stage of development and are not widespread , do not feature to the same extent as more conventional businesses in the curricula of mainstream and higher school education on enterprises and business; in light of this , invites sector-representative bodies and relevant public authorities , in partnership with the relevant stakeholders , to review and evaluate the curricula and put forward policy recommendations for academic institutions;


### tapping into the full potential of eu instruments for the social economy to thrive ### tapping into the full potential of eu instruments so that services to meet social needs may thrive


### 12. notes the possibilities offered under investeu to support the social economy; urges the commission and the implementing partners to design financial products tailored to the needs of social economy enterprises under the social investment and skills window and to allocate sufficient resources to these products; notes that sound eligibility criteria should be developed to target financial intermediaries that specifically support the social economy and considers that advisory services should be made available under the investeu advisory hub in order to maximise the potential of these financial intermediaries to tap into the investeu programme; calls on the commission to ensure that other investeu financial products such as those targeting smes are made accessible to social economy organisations , most of which are micro , small and medium-sized organisations; ### 12. notes the possibilities offered under investeu to support the social economy; urges the commission and the implementing partners to design financial products tailored to the needs of social economy enterprises under the social investment and skills window and to allocate sufficient resources to these products; notes that sound eligibility criteria should be developed to target financial intermediaries that specifically support the social economy and considers that advisory services should be made available under the investeu advisory hub in order to maximise the potential of these financial intermediaries to tap into the investeu programme; calls on the commission to ensure that other investeu financial products such as those targeting smes are made accessible to social economy organisations , most of which are micro , small and medium-sized organisations; and , in the same way , that smes can enjoy the rights and prerogatives of social economy organisations in terms of benefiting from fiscal and financial advantages when social engagement is their purpose;


### 13. invites the commission , on the occasion of the next revision of the general block exemption regulation (gber) , to adequately take into account the specific needs of social economy organisations in terms of access to finance and market development , to strengthen the role of state aid in promoting the recruitment of disadvantaged workers , especially in the context of the post-covid-19 recovery , and to explore different evidence-based options , after consulting relevant stakeholders , to support the development of social economy organisations; ### 13. invites the commission , on the occasion of the next revision of the general block exemption regulation (gber) , to adequately take into account the specific needs of social economy organisations in terms of access to finance and market development , to strengthen the role of state aid in promoting the recruitment of disadvantaged workers , especially in the context of the post-covid-19 recovery , and to explore different evidence-based options , after consulting relevant stakeholders , to support the development of social economy organisations; invites it to do so provided that this does not give rise to any form of comparative injury or discrimination against those enterprises that might have a social economy purpose but which , because they do not comply with one of their restrictive principles , are at risk of being excluded;


### 15. strongly welcomes the proposal of a council recommendation on social economy framework conditions to be approved in 2023; believes that it should serve as a compass to strengthen the social economy legal and policy frameworks , especially in member states where the social economy ecosystem is less developed , and should clearly highlight the support instruments made available by the eu and provide guidance in relation to specific policies such as public procurement , employment and social policies , taxation , education , skills and training and the importance of linking the circular economy and the social economy agendas; ### 15. welcomes , cautiously and with reservations , the proposal of a council recommendation on social economy framework conditions to be approved in 2023; believes that it should serve as a compass to strengthen the social economy legal and policy frameworks , especially in member states where the social economy ecosystem is less developed , and should clearly highlight the support instruments made available by the eu and provide guidance in relation to specific policies such as public procurement , employment and social policies , taxation , education , skills and training and the importance of linking the circular economy and the social economy agendas , provided that free competition is respected;


### 16. considers it regrettable that parliament’s past calls on the commission to submit proposals allowing mutual societies , associations and foundations to act on a european and cross-border scale did not lead to any legislative changes , thus undermining the european social model and hindering the completion of the single market; suggests , in view of the window of opportunity opened by the seap , as well as the activities of the monitoring committee of the luxembourg declaration , which comprises a majority of member states , that enhanced cooperation be explored as a tool to overcome the aforementioned decades-long deadlocks; ### 16. considers it necessary for the commission to explain the reasons why parliament’s calls to submit proposals allowing mutual societies , associations and foundations to act on a european and cross-border scale have not been heard; suggests , in view of the window of opportunity opened by the seap , as well as the activities of the monitoring committee of the luxembourg declaration , which comprises a majority of member states , that enhanced cooperation be explored as a tool to overcome the aforementioned decades-long deadlocks;


### 17. notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities; highlights that social economy projects do generally require a close partnership with public entities , and calls therefore on the commission and member states to develop , within the macro-economic governance framework provided at eu level , a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations; ### 17. notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities; highlights that social economy projects do generally require a close partnership with public administrations , and calls therefore on the commission and member states to develop , within the macro-economic governance framework provided at eu level , a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations of any kind;


### 18. welcomes the announced launch of a new study to collect qualitative and quantitative information on the social economy across all member states; notes that detailed , standardised , comparable and reliable data on the scale and impact of the social economy need to be generated with a view to facilitating evidence-based policy decisions , future-proofing the development of the social economy and contributing to eu economic and social goals; ### 18. welcomes the announced launch of a new study to collect qualitative and quantitative information on the social economy across all member states; notes that detailed , standardised , comparable and reliable data on the scale and impact of the social economy need to be generated with a view to facilitating evidence-based policy decisions , future-proofing the development of the social economy and contributing to eu economic and social goals; considers that the specification of clear , comparable definitions of the concepts surrounding the social economy and the enterprises and organisations that comprise it will make it possible to properly put into practice these analyses and the ensuring policies;


### 19. calls on the member states to designate social economy coordinators and to set up local social economy contact points with a view to facilitating access to funding , including eu funding; ### 19. calls on the member states , in the event that the social economy thrives , to designate social economy coordinators and to set up local social economy contact points with a view to facilitating access to funding , including eu funding;


### (20) professional qualifications acquired by a third-country national in another member state should be recognised in the same way as those of union citizens. qualifications acquired in a third country should be taken into account in accordance with directive 2005/36/ec of the european parliament and of the council35. this directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. ### (20) professional qualifications acquired by a third-country national in another member state should be recognised in accordance with the legal instruments in force in the member state itself and , where applicable , those of the third country concerned. qualifications acquired in a third country should be taken into account in accordance with directive 2005/36/ec of the european parliament and of the council35. this directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions.


### (26) in order to promote better integration of eu long-term residents , rules on favourable conditions for family reunification and access to work for spouses should be introduced. thus specific derogations from council directive 2003/86/ec should be provided for. family reunification should not be subject to conditions relating to integration , as eu long-term residents and their families are deemed to be integrated in the host society. ### (26) in order to promote better integration of eu long-term residents , rules on favourable conditions for family reunification and access to work for spouses should be introduced. thus specific derogations from council directive 2003/86/ec should be provided for. family reunification should not be subject to conditions relating to integration , as eu long-term residents and their families are deemed to be integrated in the host society. the integration in the member states of third-country nationals who are long-term eu residents is an essential element that must be accompanied by policies to boost the birth rate in the union , which are fundamental and a priority owing to the ageing and shrinking active population.


### (34) in order to facilitate the intra-eu mobility of eu long-term residents for the exercise of an economic activity in an employed or self-employed capacity , no check of the labour market situation should be carried out when examining applications for residence in a second member state. ### (34) in order to facilitate the intra-eu mobility of eu long-term residents for the exercise of an economic activity in an employed or self-employed capacity , the check of the labour market situation when examining applications for residence in a second member state by a long-term eu resident shall , in principle , take precedence over applications for residence that do not already enjoy long-term eu status , without prejudice to the case-by-case analysis to be carried out by that member state.


### with regard to the exercise of an economic activity in a regulated profession as defined in article 3(1) , point (a) , of directive 2005/36/ec , for the purpose of applying for a residence permit in a second member state , eu long-term residents shall enjoy equal treatment with union citizens as regards recognition of professional qualifications , in accordance with applicable union and national law. ### with regard to the exercise of an economic activity in a regulated profession as defined in article 3(1) , point (a) , of directive 2005/36/ec , for the purpose of applying for a residence permit in a second member state , eu long-term residents shall enjoy equal treatment with union citizens as regards recognition of professional qualifications , in accordance with applicable union and national law. as regards equal treatment vis-à-vis union citizens , the second member state may check the labour market situation when examining an application for residence in that member state by a long-term eu resident in order to be able to give him/her priority over residence applications that do not already enjoy long-term eu status , without prejudice to the economic activity concerned. such a check shall not give rise to an increase in the time limit laid down in paragraph 5 of this article.


### 3. notes that the edps requested to the court of justice of the european union to annul two provisions of the revised europol regulation , as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the edps; recommends the committee on budgetary control to postpone granting the discharge in respect of the implementation of europol’s budget for the financial year 2021 until the court of justice of the european union delivers its judgement; ### deleted


### 2. stresses that the court issued three ‘emphasis on the matter’ paragraphs in relation to frontex; is concerned about weaknesses in recruitment at frontex related to the evaluation process; reiterates its deep concern about the findings of the olaf report; reaffirms that the granting of discharge in respect of the implementation of the budget of the jha agencies is conditional on the agencies’ accountability and transparency , fundamental rights compliance , and commitment to comply with union law; recommends the committee on budgetary control to postpone granting the discharge to frontex in respect of the implementation of its budget for the financial year 2021 until frontex fully complies with such requirements and there are no further instances of fundamental rights violations; ### 2. stresses that the court issued three ‘emphasis on the matter’ paragraphs in relation to frontex; is concerned about weaknesses in recruitment at frontex related to the evaluation process; reiterates its deep concern about the findings of the olaf report; reaffirms that the granting of discharge in respect of the implementation of the budget of the jha agencies is conditional on the agencies’ accountability and transparency , fundamental rights compliance , and commitment to comply with union law;


### 14. calls on all jha agencies to ensure a gender balanced distribution on all levels of staff and report to the discharge authority on implemented measures and progress; ### deleted


### — having regard to the un 2030 agenda for sustainable development , ### deleted


### a. whereas roma people are europe’s largest ethnic minority; whereas many roma people in europe still live in extremely precarious conditions in both rural and urban areas7 ; whereas intergenerational poverty in roma settlements is of a socioeconomic nature with serious ramifications for roma people’s health and well-being; ### a. whereas roma people are one of europe’s most relevant ethnic minorities; whereas many roma people in several member states still live in extremely precarious conditions in both rural and urban areas7 ; whereas intergenerational poverty in roma settlements is of a socioeconomic nature with serious ramifications for roma people’s health and well-being;


### b. whereas deep-rooted structural anti-gypsyism continues to exist at all levels of european society and is a major barrier to roma people fully exercising their fundamental rights as eu citizens in all spheres of life , including employment , housing , education and healthcare; ### b. whereas deep-rooted structural anti-gypsyism continues to exist in some member states and is a major barrier to roma people fully exercising their fundamental rights in those member states in all spheres of life , including employment , housing , education and healthcare;


### c. whereas the situation in roma settlements is in clear violation of human and fundamental rights as enshrined in the echr , the eu charter of fundamental rights and the esc; ### c. whereas the situation in some member states regarding roma settlements is in clear violation of human and fundamental rights as enshrined in the echr , the eu charter of fundamental rights and the esc;


### 1. deplores the fact that there are still people in europe without access to clean drinking water , electricity , sewage and waste facilities , decent housing , education , employment and healthcare; is deeply concerned by the substantial gap between the declarations and commitments on a strong social europe and the reality on the ground; stresses the situation of marginalised roma communities must be urgently addressed in order to create a europe where no one is left behind; ### 1. deplores the fact that there are still people in europe without access to clean drinking water , electricity , sewage and waste facilities , decent housing , education , employment and healthcare , though their situation varies greatly among different member states; is deeply concerned that member states should coordinate their efforts in order to improve this reality on the ground; stresses that the situation of marginalised roma communities must be urgently addressed in order to improve their situation in some member states;


### 2. emphasises that access to safe and healthy housing is key to breaking the vicious circle of intergenerational poverty; notes that access to housing is closely linked to other human rights and human dignity; reiterates its call on member states to adopt a housing first approach guaranteeing citizens’ access to housing , regardless of their ethnicity; considers transitional housing accompanied by high-quality field social work as a way for the roma to leave life in settlements; ### 2. emphasises that equal access to education and the labour market is key to breaking the vicious circle of intergenerational poverty; notes that access to housing is closely linked to human rights and human dignity; reiterates its call on member states to adopt a housing first approach guaranteeing citizens’ access to housing , regardless of their ethnicity; considers high-quality field social work of outmost importance in the process of the roma leaving life in settlements;


### 2. emphasises that access to safe and healthy housing is key to breaking the vicious circle of intergenerational poverty; notes that access to housing is closely linked to other human rights and human dignity; reiterates its call on member states to adopt a housing first approach guaranteeing citizens’ access to housing , regardless of their ethnicity; considers transitional housing accompanied by high-quality field social work as a way for the roma to leave life in settlements; ### 2. emphasises that access to safe and healthy housing is key to breaking the vicious circle of intergenerational poverty; notes that access to housing is closely linked to other human rights and human dignity; reiterates its call on member states to adopt a housing first approach improving citizens’ access to housing , regardless of their ethnicity; considers transitional housing accompanied by high-quality field social work as a way for the roma to leave life in settlements;


### 3. stresses the critical role of preschool education for success in subsequent educational stages and on the labour market; notes the significant gap in preschool attendance between roma and non-roma children , which is a principal determinant of early dropout; calls on member states to provide pre-school education for all children from roma settlements from the age of three; believes member states should systematically monitor dropout risk to allow for timely interventions , both in terms of pedagogical help and individual counselling; ### 3. stresses the critical role of preschool education for success in subsequent educational stages and on the labour market; notes the significant gap in preschool attendance between roma and non-roma children , which contributes towards an early dropout; calls on member states to provide pre-school education for all children from roma settlements from the age of three; believes member states should systematically monitor dropout risk to allow for timely interventions , both in terms of pedagogical help and individual counselling; calls member states to exchange best practices and take inspiration from programs that proved successful in improving the housing situation of the roma as well as their situation in the education system and on the labour market; underlines the differences between member states' existing policies; points out that the situation of the roma people is not homogenous across the eu , as they experience varying characteristics of living conditions and living arrangements;


### 4. deplores the ongoing segregation of roma children in special education and programmes outside mainstream educational systems , often stemming from misdiagnoses of intellectual disabilities; calls on member states to take appropriate actions to ensure that their diagnostic systems for identifying such disabilities use modern methods; calls on the member states to put in place mechanisms to review and where necessary reverse diagnostic decisions; regrets , further , persistent segregation of roma children in several member states within mainstream schools; ### 4. deplores the ongoing segregation in some member states of roma children in special education and programmes outside mainstream educational systems , often stemming from misdiagnoses of intellectual disabilities; calls on those member states to take appropriate actions to ensure that their diagnostic systems for identifying such disabilities use modern methods; calls on the same member states to put in place mechanisms to review and where necessary reverse diagnostic decisions; regrets , further , persistent segregation of roma children in several member states within mainstream schools;


### 4. deplores the ongoing segregation of roma children in special education and programmes outside mainstream educational systems , often stemming from misdiagnoses of intellectual disabilities; calls on member states to take appropriate actions to ensure that their diagnostic systems for identifying such disabilities use modern methods; calls on the member states to put in place mechanisms to review and where necessary reverse diagnostic decisions; regrets , further , persistent segregation of roma children in several member states within mainstream schools; ### 4. deplores the ongoing segregation of roma children in special education and programmes outside mainstream educational systems , often stemming from misdiagnoses of intellectual disabilities; calls on member states to take appropriate actions to ensure that their diagnostic systems for identifying such disabilities use modern methods; calls on the member states to put in place mechanisms to review and where necessary reverse diagnostic decisions; regrets , further , that many roma children still face discrimination within mainstream schools;


### 6. emphasises the environmental risks to marginalised roma communities’ health and lives caused by toxic waste surrounding their settlements; calls on member states to urgently address the situation and develop comprehensive waste management systems in line with the european waste framework directive; stresses the role of the commission in enforcing eu legislation in this regard; ### 6. emphasises the environmental risks to marginalised roma communities’ health and lives caused by toxic waste surrounding their settlements; calls on member states to urgently address the situation and develop comprehensive waste management systems in line with the european waste framework directive;


### 6. emphasises the environmental risks to marginalised roma communities’ health and lives caused by toxic waste surrounding their settlements; calls on member states to urgently address the situation and develop comprehensive waste management systems in line with the european waste framework directive; stresses the role of the commission in enforcing eu legislation in this regard; ### 6. emphasises the environmental risks to marginalised roma communities’ health and lives caused by toxic waste surrounding their settlements; calls on member states to urgently address the situation and develop comprehensive waste management systems in line with the european waste framework directive; stresses the role of the commission in overseeing eu legislation in this regard;


### 7. notes that the phenomenon of long-term unemployment in roma settlements is compounded by the social exclusion and poverty faced by their inhabitants; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an intersectional approach targeting vulnerable groups , in particular marginalised roma; ### 7. notes that the phenomenon of long-term unemployment in roma settlements leads to the social exclusion and poverty faced by their inhabitants , and is compounded by lack of access to education and unequal opportunities; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an intersectional approach targeting vulnerable groups , in particular marginalised roma;


### 7. notes that the phenomenon of long-term unemployment in roma settlements is compounded by the social exclusion and poverty faced by their inhabitants; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an intersectional approach targeting vulnerable groups , in particular marginalised roma; ### 7. notes that the phenomenon of long-term unemployment in roma settlements is compounded by the social exclusion and poverty faced by their inhabitants; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an intersectional approach targeting vulnerable groups , including marginalised roma;


### 7. notes that the phenomenon of long-term unemployment in roma settlements is compounded by the social exclusion and poverty faced by their inhabitants; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an intersectional approach targeting vulnerable groups , in particular marginalised roma; ### 7. notes that the phenomenon of long-term unemployment in roma settlements is compounded by the social exclusion and poverty faced by their inhabitants; encourages member states to invest in social enterprises with the purpose of employing the long-term unemployed; believes the forthcoming proposal for a council recommendation on developing the social economy framework should ensure an approach targeting vulnerable groups , in particular marginalised roma;


### 10. believes it is essential for the commission to require concrete qualitative outcomes that better reflect the reality on the ground , in addition to quantitative outputs , when evaluating individual projects funded by the esif in marginalised roma communities; calls on the commission , further , to start monitoring and evaluating projects based first and foremost on their own observations from on-site visits in order to decrease its dependence on mediated information and strengthen oversight of the eu budget; ### 10. underlines the importance of qualitative outcomes , in addition to quantitative outputs , when evaluating individual projects funded by the esif in marginalised roma communities; calls on the commission , further , to start monitoring and evaluating projects based first and foremost on their own observations from on-site visits in order to decrease its dependence on mediated information and strengthen oversight of the eu budget;


### 11. stresses the importance of active roma participation in the development , implementation and monitoring of public policies , as well as in projects aimed at them at both european and national level; believes roma participation should be a binding qualitative target under national roma strategic frameworks; ### 11. stresses the importance of active roma participation in the development , implementation and monitoring of public policies , as well as in projects aimed at them at both european and national level;


### 12. calls on the commission and member states to tackle anti-gypsyism in all areas of society through effective european and national legislative and policy measures; calls on the council , further , to unblock negotiations on the horizontal anti-discrimination directive as it is a prerequisite to achieving equality in the eu; ### 12. calls on member states to tackle anti-gypsyism in all areas of society through effective national legislative and policy measures;


### 12. calls on the commission and member states to tackle anti-gypsyism in all areas of society through effective european and national legislative and policy measures; calls on the council , further , to unblock negotiations on the horizontal anti-discrimination directive as it is a prerequisite to achieving equality in the eu; ### 12. calls on the commission and member states to tackle anti-gypsyism in all areas of society through effective european and national legislative and policy measures; highlights the role of social dialogue and education as crucial tools to tackle anti-gypsyism;


### 13. underlines that the issues of marginalised roma communities are cross-sectoral and require the attention and involvement of several commissioners and dgs at eu level; calls for the creation of the post of commission coordinator for roma issues to liaise directly with marginalised roma communities in order to relay the reality of their situations and concerns to the commission’s task force on equality in order to create synergies and achieve roma people’s equality , inclusion and participation in the eu; ### 13. underlines that the issues of marginalised roma communities are cross-sectoral and require the attention and involvement of several public authorities at member state level;


### (1) a skilled workforce is crucial to ensuring socially fair and just green and digital transitions , and to strengthening the union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the covid-19 pandemic or the fallout of russia’s war of aggression against ukraine. more and better skills open up new opportunities and empower individuals to fully participate in the labour market , society and democracy , to harness and benefit from the opportunities of the green and digital transitions and to exercise their rights. ### (1) a skilled workforce is crucial to supporting action taken by member states in the field of employment , and to strengthening the union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the covid-19 pandemic or the fallout of russia’s war of aggression against ukraine. more and better skills open up new opportunities and empower individuals to fully participate in the labour market.


### — having regard to the united nations mental health and well-being strategy of 2018 , ### deleted


### — having regard to the report of the european agency for safety and health at work (eu-osha) of 2020 entitled ‘preventing musculoskeletal disorders in a diverse workforce: risk factors for women , migrants and lgbti workers’ , ### deleted


### c. whereas the covid-19 pandemic disproportionately affected the mental wellbeing of those in financial uncertainty , as well as vulnerable populations , including ethnic minorities , the lgbti+ community , the elderly , persons with disabilities and young people; ### c. whereas the covid-19 pandemic disproportionately affected the mental wellbeing of those in financial uncertainty , as well as vulnerable populations;


### c. whereas the covid-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty , as well as of vulnerable populations , including ethnic minorities , the lgbti+ community , the elderly , persons with disabilities and young people; ### c. whereas the covid-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty , as well as of vulnerable populations , including citizens from a disfavoured background , the elderly , persons with disabilities and young people;


### e. whereas workplace issues that affect mental health include job burnout , harassment , violence , stigma and discrimination; whereas one in four european workers feel work has a negative impact on their health12 ; ### e. whereas workplace issues that affect mental health include job burnout , harassment , physical or psychological violence and failure to achieve a work-life balance and the right to disconnect; whereas one in four european workers feel work has a negative impact on their health12 ;


### 3. calls for the eu institutions and member states to recognise the prevalent levels of mental health issues which exist across the eu and commit to actions regulating and implementing a world of work which preserves workers’ mental health and social protection rights; ### 3. calls for the eu institutions and member states to recognise the prevalent levels of mental health issues which exist across the eu and commit to proportionate actions regulating and implementing a world of work which preserves workers’ mental health and social protection rights;


### 4. regrets the fact that the teu allows for more eu action on health than has actually been taken; considers mental health to be the next health crisis and that the commission must examine all relevant possibilities to tackle this , including the urgent creation of an eu mental health strategy; ### 4. recommends that the eu promotes the development of health in all of its member states , with respect to the teu and all of the union legislation , and through the implementation of the most advanced technology and research; considers mental health to be the next health crisis and that the commission , eu agencies and member states must examine all relevant possibilities to tackle this , including the urgent creation of an eu mental health strategy , coordinating the potential of all european stakeholders;


### 4. regrets that the treaty on european union (teu) allows for more eu action on health than has been taken; considers mental health to be the next health crisis and that the commission must examine all relevant possibilities to approach this , including the urgent creation of an eu mental health strategy; ### 4. calls for eu action on health to be stepped up , within the competences laid down in the treaty on european union; recalls that member states have primary responsibility for health systems and health care provision; considers mental health to be the next health crisis and that the commission must examine all relevant possibilities to approach this , including the possible creation of an eu mental health strategy;


### 5. recalls that the pandemic demonstrated the need for coordinated eu level action to respond to health emergencies , revealing gaps in foresight , including preparedness and response tools; ### 5. recalls that the pandemic demonstrated the need for coordinated eu level action and the sharing of best practices to respond to health emergencies , revealing gaps in foresight , including preparedness and response tools;


### 8. recalls that proactive approaches to digitalisation , such as flexible work hours and establishing employee assistance programs , can help to mitigate work-related stress; notes that ai systems may provide further options in this way; ### 8. recalls that proactive approaches to digitalisation , such as flexible work hours and establishing employee assistance programs , can help to mitigate work-related stress; notes that ethical ai systems may provide further options in this way;


### 9. welcomes the directive (eu) 2019/1158 on work-life balance for parents and carers as providing flexibility and alleviating work-related issues; stresses however , that women continue to be disproportionately affected; ### 9. welcomes the directive (eu) 2019/1158 on work-life balance for parents and carers as providing flexibility and alleviating work-related issues;


### 9. welcomes directive (eu) 2019/1158 on work-life balance for parents and carers as it provides flexibility and alleviates work-related issues; stresses however , that women continue to be disproportionately affected; ### 9. welcomes directive (eu) 2019/1158 on work-life balance for parents and carers as it provides flexibility and alleviates work-related issues; stresses however , that women continue to be disproportionately affected and therefore should be provided with the choice of either in-house professional support , external professional support and/or family support , without these needing to be of an exclusive nature , but rather could act as a supplement between each other;


### 11. considers the right to disconnect essential to ensuring the mental well-being of employees; reiterates its calls on the commission to propose legislation requiring line managers to set minimum requirements for remote working; ### 11. considers the right to disconnect essential to ensuring the mental well-being of employees; reiterates its calls on the commission to evaluate the impact assessment of various forms of legislation , if needed , requiring line managers to set minimum requirements for remote working , or else to coordinate the exchange of best practices coming from different member states , as some of them are putting in place very innovative policies and projects;


### 11. considers the right to disconnect essential in ensuring the mental wellbeing of employees; recalls for the commission to propose legislation requiring line managers to set minimum requirements for remote working; ### 11. considers the right to disconnect essential in ensuring the mental wellbeing of employees; recalls for the commission , together with the member states , to look into the need for legislation requiring line managers to set minimum requirements for remote working;


### 12. notes that the directives on the minimum safety and health requirements in the workplace and for work display screen equipment may open up opportunities for improving the protection of workers using digital devices , including platform workers; ### 12. notes that the ongoing initiatives on the minimum safety and health requirements in the workplace and for work display screen equipment , as well as the different projects developed by eu agencies and member states , may open up opportunities for improving the protection of workers using digital devices , including platform workers;


### 13. is concerned about the disconnect between current policy on mental health and attitudes in the workplace creating stigma; emphasises that due to stigma and discrimination , employees often feel unable to discuss mental health issues; recognises that employees who return after mental health leave are often poorly accommodated; calls for workplaces to provide clear information about their in-house mental health support services;15 ### 13. is concerned about the disconnect between current policy on mental health and attitudes in the workplace which do not take into account that protecting the employee is a key asset for the eu leadership up to 2030; emphasises that due to a lack of coordinated action between eu institutions , agencies and member states , employees often feel unable to discuss mental health issues and report to their organisation all matters pertaining to their psychological well-being; recognises that employees who return after mental health leave are often poorly accommodated; calls for workplaces to provide clear information about their in-house mental health support services;15


### 14. believes that the measures to encourage improvements in the safety and health of workers is not effective for the assessment and management of psychosocial risks; calls on the commission to recognise anxiety , depression and burnout as occupational diseases , to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; ### 14. believes that the measures to encourage improvements in the safety and health of workers is not effective for the assessment and management of psychosocial risks; calls on the commission to establish mechanisms for their prevention and the reintegration into the workplace of those affected by psychosocial problems and to move from individual-level actions to a work organisation approach16;


### 15. calls on the commission to propose , in consultation with the social partners , a directive on psychosocial risks and well-being at work aiming to effectively prevent psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks; ### 15. calls on the commission to propose , in consultation with the social partners , a strategy on psychosocial risks and well-being at work aiming to effectively prevent such risks in the workplace , taking into account the european pillar of social rights; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks;


### 15. calls on the commission to propose , in consultation with social partners , a directive on psychosocial risks and well-being at work aimed at the efficient prevention of psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks; ### 15. calls on the commission to consider proposing , in consultation with social partners , a directive on psychosocial risks and well-being at work aimed at the efficient prevention of psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks;


### b. whereas the eu upholds the fundamental values of the treaties and the united nations , and whereas the consequences of the covid-19 pandemic on the economy , social affairs and employment , the european green deal and poverty must be taken into account in the 2022 annual sustainable growth strategy; ### b. whereas the eu upholds the fundamental values of the treaties and the united nations , and whereas the consequences of the covid-19 pandemic on the economy , social affairs and employment , and poverty must be taken into account in the 2022 annual sustainable growth strategy;


### e. whereas the eu’s climate targets represent a challenge to the economy and society; whereas they also present opportunities for businesses and opportunities to redeploy workers , which will mean that socially vulnerable people , families and micro-enterprises will come under pressure; ### e. whereas the eu’s climate targets represent a challenge to the economy and society; whereas they also present opportunities for some businesses and opportunities to redeploy workers , which will mean that socially vulnerable people , families and micro-enterprises will come under pressure;


### 2. stresses that opportunities to participate in the neb must be fully inclusive and accessible to all eu citizens and all regions and territories , including peripheral urban areas and less populated , rural and mountain areas and islands; emphasises that local and regional authorities and stakeholders and above all residents must be the drivers of neb projects; ### 2. stresses that opportunities to participate in the neb must be fully inclusive and accessible to all eu citizens and all regions and territories , including peripheral urban areas and less populated , rural and mountain areas and islands; emphasises that local and regional authorities and stakeholders and above all residents must be the drivers of neb projects , offering all parties concerned the possibility of sharing visions and challenges;


### 4. notes that the neb encompasses many dimensions and policy areas , which may make it difficult for regional and local authorities to fully understand how to make the most of its opportunities; underlines the crucial role of local and regional authorities in implementing the neb; calls on the commission , therefore , to provide specific and targeted information on projects , funding , technological and capacity-building opportunities as well as clear definitions of award criteria; ### 4. notes that the neb encompasses many dimensions and policy areas , which may make it difficult for regional and local authorities to fully understand how to make the most of its opportunities; underlines the crucial role of local and regional authorities in implementing the neb; calls on the commission , therefore , to provide specific and targeted information and guidelines on projects , funding , technological and capacity-building opportunities as well as clear definitions of award criteria;


### 5. insists that appropriate and accessible public funding is crucial for encouraging and implementing neb ideas and projects at a local level; calls on the commission and the member states to provide local and regional authorities with relevant and user-friendly information on all financial possibilities and to support the sharing of best practices. ### 5. insists that appropriate and accessible public funding is crucial for encouraging and implementing neb ideas and projects at a local level; calls on the commission and the member states to provide local and regional authorities with relevant and user-friendly information and guidelines on all financial possibilities and to support the sharing of best practices.


### 21. supports the creation of an neb label based on clear criteria applied in an inclusive way in order to recognise projects and products for achieving key neb goals and help them get access to funding; calls on the commission to ensure that eu funding schemes create incentives to apply for the label; calls for market uptake of the label to be explored; ### 21. supports the creation of an neb label based on clear criteria in order to recognise projects and products for achieving key neb goals and help them get access to funding; calls on the commission to ensure that eu funding schemes create incentives to apply for the label; calls for market uptake of the label to be explored;


### 22. highlights that the neb should embrace the potential of the ccsi , including cultural creators , as drivers of economic growth and innovative , high-quality services and products; ### 22. highlights that the neb should embrace and promote the untapped potential of the ccsi , including cultural creators , as drivers of economic growth and innovative , high-quality services and products; notes that maximising this potential should not infringe on artistic freedom and independence and should not supersede the intrinsic value of artistic creation and cultural work done in the cultural sectors;


### — having regard to the un 2030 agenda for sustainable development and the un sustainable development goals , in particular goal 11 on sustainable cities and communities and goal 13 on climate action , ### deleted


### — having regard to the commission communication of 10 june 2016 entitled ‘a new skills agenda for europe – working together to strengthen human capital , employability and competitiveness’ (com(2016)0381) , ### deleted


### — having regard to the commission communication of 22 may 2018 entitled ‘a new european agenda for culture’ (com(2018)0267) , ### deleted


### — having regard to the commission communication of 14 october 2020 entitled ‘a renovation wave for europe – greening our buildings , creating jobs , improving lives’ (com(2020)0662) , ### deleted


### — having regard to the commission communication of 14 july 2021 entitled ‘fit for 55: delivering the eu’s 2030 climate target on the way to climate neutrality’ (com(2021)0550) , ### deleted


### — having regard to the council conclusions of 15 november 2018 on the work plan for culture (2019-2022)2 , ### deleted


### 24. software ensuring safety functions , including ai systems. ### 24. software ensuring safety functions.


### 25. machinery embedding ai systems ensuring safety functions. ### 25. machinery embedding a component ensuring safety functions with fully or partially evolving behaviour or logic.


### — having regard to parliament’s european added value assessments of november 2012 entitled ‘european added value of an eu measure on information and consultation of workers , anticipation and management of restructuring processes’ and of january 2021 entitled ‘european works councils (ewcs) – legislative-initiative procedure: revision of european works councils directive’ , ### — (does not affect english version.)


### a. whereas the number of multinational companies with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s9; ### a. whereas , without citing the source of the data , the european economic and social committee considers that the number of multinational companies with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s9;


### a. whereas the number of multinational companies with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s9; ### a. whereas the number of multinational companies with assets or plants in several countries in 2015 , both inside and outside the european union , was around 45 times higher than during the 1990s9;


### c. whereas despite having the right to express an opinion , ewc members seem to have little influence in the decision-making process in their companies , in particular in cases of restructuring11; ### c. whereas despite having the right to express an opinion , ewc members seem to have little influence in the decision-making process in their companies , in particular in cases of restructuring , even though ewcs are perceived by employers as useful tools , bringing benefits to all parties in many ways; whereas these benefits include improving the common understanding of issues among members , explaining decisions , initiating strategic discussions , making valuable proposals for action , depending on the topics discussed , playing a role in negotiating transnational collective agreements in some multinational undertakings , ensuring transnational social dialogue at company level , cascading information throughout the business , creating leverage between eu and local levels , and introducing strategic initiatives leading to qualitative improvements in the strategic solutions found in the company11;


### c. whereas despite having the right to express an opinion , ewc members seem to have little influence in the decision-making process in their companies , in particular in cases of restructuring11; ### c. whereas due to their having the right to express an opinion , ewc members have considerable influence in the decision-making process in their companies , in particular in cases of restructuring11;


### d. whereas penalties for failure to consult in most member states consist of financial penalties that range from 23 eur to 187 515 eur12 and therefore in many cases fail to be effective , dissuasive and proportionate; ### d. whereas penalties for failure to consult in most member states consist of financial penalties that range from 23 eur (the lowest penalty , corresponding to malta) to 187 515 eur12 (the highest penalty , corresponding to spain) and therefore , in cases of lower penalties , fail to be effective or dissuasive , and in some cases are not proportionate;


### e. whereas ewcs do not have direct access to justice in many member states13; ### e. whereas the way in which ewcs can access justice varies in the different member states according to their respective procedural systems , which range from those granting legal personality to ewcs to those allowing ewcs to act in proceedings through their members or a trade union , with most allowing ewcs to be a party in proceedings13;


### f. whereas ewcs have full legal personality in only four member states , allowing ewc representatives to initiate judicial proceedings on behalf of ewcs14; ### deleted


### f. whereas ewcs have full legal personality in only four member states , allowing ewc representatives to initiate judicial proceedings on behalf of ewcs14; ### f. whereas ewcs have full legal personality in only four member states , allowing ewc representatives to initiate judicial proceedings on behalf of ewcs , although the remaining member states allow ewcs to be a party in judicial proceedings , either on their own behalf or through their members or a trade union , depending on the procedural system in the respective member state14;


### g. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that this can have a positive impact on job quality15; ### g. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that this can have a positive impact on job quality , although this impact must be compared , for sustainability and proportionality purposes , with the cost per employee concerned , which can amount to eur 11 000 per employee15;


### h. whereas the concept of transnationality remains a difficult concept for ewc practitioners to interpret in concrete cases16; ### h. whereas the concept of transnationality remains a difficult concept for some ewc representatives to interpret in concrete cases16;


### i. whereas the extensive use of confidentiality clauses based on article 8 of directive 2009/38/ec constitutes an obstacle for effective information and consultation rights17; ### i. whereas the extensive use of confidentiality clauses based on article 8 of directive 2009/38/ec constitutes , for representatives of workers covered by the european trade union confederation (etuc) , an obstacle for effective information and consultation rights17;


### 1. notes that participation rights play a crucial role in a functioning of the social market economy; stresses that ewcs enhance democracy at the workplace; ### 1. notes that workers’ consultation rights play a crucial role in a functioning of the social market economy; stresses that ewcs enhance workers’ rights in transnational business operations;


### 2. acknowledges that directive 2009/38/ec has led to improvements regarding the establishment and functioning of ewcs; regrets , however , that ewcs still face major difficulties to enforce their rights , especially on timely information and consultation; ### 2. acknowledges that directive 2009/38/ec has led to improvements regarding the establishment and functioning of ewcs; acknowledges that consultation of ewcs markedly increases job security and employability; wants ewcs to continue enforcing their rights , especially on timely information and consultation;


### 3. underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and results in a fragmented implementation by the member states; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter; ### 3. underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ still remains difficult for some ewc representatives , particularly when trying to prevent a fragmented implementation by the member states; urges the commission , therefore , to set out evaluation criteria for determining the transnational character of a matter;


### 4. regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; ### 4. stresses the importance of the timely manner of consultation where the employees’ representatives opinion must be requested or delivered at a point in time where meaningful consideration can be taken or when the management decision on the proposed measure has not yet been taken; emphasises that the management must be able to take the opinion and ewc contributions into account so that these can have an actual impact on the proposed measure at hand;


### 5. notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines that the right of ewcs to have an annual meeting with the central management is insufficient and should be increased provide for biannual meetings in order to improve the practical functioning and running of ewcs; ### 5. notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement should be the subject of an impact analysis in order to determine whether it is excessive and to the disadvantage of everyone concerned; urges the commission to analyse whether the right of ewcs to have an annual meeting with the central management is sufficient and whether it should be increased to provide for biannual meetings in order to improve the practical functioning and running of ewcs , based on this cost-benefit analysis;


### 6. highlights that the member state implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in directive 2016/943; stresses in this context that further efforts by member state are needed in order to specify and clarify the conditions under which the central management is not required to pass on information which could be harmful; ### 6. highlights that the member state implementation of confidentiality provisions must be consistent and therefore urges the commission to carry out a comparative study based on the definitions provided for in directive 2016/943; stresses in this context that further efforts by member state are needed in order to specify and clarify the conditions under which the central management is not required to pass on information which could be harmful;


### 7. stresses that in cases of disagreement on whether to undertake an information or consultation procedure , there is a lack of guidance on how to resolve the current negative effects on ewcs and workers representatives; ### 7. stresses that in cases of disagreement on whether to undertake an information or consultation procedure , there is a lack of guidance on how to resolve the negative effects that such disagreements may have , not only for ewcs and workers representatives , but also for undertakings and therefore european consumers;


### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec; calls in this regard for reinforced procedures and other measures to ensure proper , effective and timely compliance , including the temporary suspension of the implementation of management decisions; ### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec in some member states; calls , therefore , in this regard for the commission to assess the respective degree of transposition of said directive to ensure proper , effective and timely compliance for the benefit of workers throughout the european union;


### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec; calls in this regard for reinforced procedures and other measures to ensure proper , effective and timely compliance , including the temporary suspension of the implementation of management decisions; ### 8. is concerned about the fragmented and insufficient compliance with directive 2009/38/ec; calls in this regard for reinforced procedures and other measures to ensure proper , effective and timely compliance;


### 9. regrets that in many member states penalties for non-compliance are not effective , dissuasive or proportionate as required by directive 2009/38/ec; stresses that the provisions governing member state penalties needs to be strengthen in order to improve compliance with directive 2009/38/ec; ### 9. regrets that in some member states penalties for non-compliance are not effective , dissuasive or proportionate as required by directive 2009/38/ec; stresses , therefore , that the commission needs to assess the effective application of penalties by member states since directive 2009/38/ec entered into force;


### 10. stresses that the provisions guiding the situations in which the obligations of directive 2009/38/ec do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of directive 2009/38/ec; ### 10. stresses that the provisions guiding the situations in which the obligations of directive 2009/38/ec do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of directive 2009/38/ec; urges the commission , therefore , to produce this clarification;


### 11. calls on member states to ensure access to justice for ewcs and for the specification of the legal status of ewcs and special negotiating bodies as legal actors; ### deleted


### paragraph 4 is replaced by the following: ### deleted


### “4. matters shall be considered to be transnational where they concern , directly or indirectly , the community-scale undertaking or community-scale group of undertakings as a whole , or at least two undertakings or establishments of the undertaking or group situated in two different member states.”; ### “4. matters shall be considered to be transnational where they directly concern the community-scale undertaking or community-scale group of undertakings as a whole , or at least two undertakings or establishments of the undertaking or group situated in two different member states.”;


### “7a. in order to determine the transnational character of a matter , the scope of its possible effects must be taken into account. this includes matters which , irrespective of the number of member states involved , are of concern to european workers in terms of the scope of their potential impact , as well as matters which involve the transfer of activities between member states.”; ### “7a. in order to determine the transnational character of a matter , the scope of its possible effects must be taken into account. this includes matters which affect workers in at least two member states according to the scope of the impact , as well as matters which involve the transfer of activities between member states.”;


### (3) in article 7(1) , the third indent is replaced by the following: ### deleted


### where , after one year from the date of this request , they are unable to conclude an agreement as laid down in article 6 and the special negotiating body has not taken the decision provided for in article 5(5).”; ### where , after two years from the date of this request , they are unable to conclude an agreement as laid down in article 6 and the special negotiating body has not taken the decision provided for in article 5(5).”;


### “1. member states shall ensure that members of special negotiating bodies or of european works councils and any experts who assist them are obliged not to reveal any trade secrets , as defined in article 1(1) of directive (eu) 2016/943 of the european parliament and of the council1a which have expressly been provided to them in confidence. ### “1. member states shall ensure that members of special negotiating bodies or of european works councils and any experts who assist them are obliged not to reveal any information which has expressly been provided to them in confidence.


### this paragraph shall not apply to members of the european works council who pass on information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality. ### deleted


### a member state shall make such dispensation subject to prior administrative or judicial authorisation. ### a member state shall make such dispensation subject to prior administrative or judicial authorisation. the prior authorisation process may be replaced by a process of consulting the social partners , including employers and trade unions.


### “if there is a dispute between the central management and the european works council or the employees’ representatives as to whether an information and consultation procedure is to be carried out , the central management shall provide reasons why the information and consultation requirements under this directive or under agreements concluded pursuant thereto do not apply , in particular because of the absence of transnational issues.”; ### “if there is a dispute between the central management and the european works council or the employees’ representatives as to whether an information and consultation procedure is to be carried out , the central management shall provide reasons why the information and consultation requirements under this directive or under agreements concluded pursuant thereto do not apply , in particular because of the absence of transnational issues. those reasons shall include a specific section on the potential consequences for the undertaking’s employees and for consumers of not carrying out the information and consultation procedure.”;


### member states shall establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto.”; ### deleted


### member states shall establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto.”; ### member states may establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto. suspension shall depend upon the decisions causing irreparable harm to employees and infringing prima facie the information and consultation requirements under this directive or under agreements concluded pursuant thereto between the undertaking and the ewc.”;


### member states shall establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto.”; ### member states may establish judicial procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this directive or under agreements concluded pursuant thereto.”;


### in paragraph 3 , the following subparagraph is added: ### deleted


### “the central management shall bear the direct costs incurred in carrying out the procedures , including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative.”; ### “the central management shall bear the direct costs incurred in carrying out the procedures , including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative , except where the workers’ representatives have been unsuccessful in those procedures.”;


### “the central management shall bear the direct costs incurred in carrying out the procedures , including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative.”; ### “the central management shall bear the direct costs incurred in carrying out the procedures , including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative , as laid down by the procedural legislation of the member state in whose territory the central management is situated.”;


### financial penalties that are proportionate to the nature , gravity and duration of the undertaking’s infringement; ### financial penalties that are proportionate to the nature , gravity and duration of the undertaking’s infringement , and to the size of the undertaking and its business;


### orders excluding the undertaking from an entitlement to some or all public benefits , aids or subsidies , including eu funds managed by the relevant member states , for a period of up to three years; ### deleted


### orders excluding the undertaking from an entitlement to some or all public benefits , aids or subsidies , including eu funds managed by the relevant member states , for a period of up to three years; ### orders excluding the undertaking from an entitlement to some or all public benefits , aids or subsidies , including eu funds managed by the relevant member states , for a period of up to three years , in the event of repeated infringements;


### orders excluding the undertaking from procurement within the meaning of directive 2014/24/eu of the european parliament and of the council1a , for a period of up to three years. ### deleted


### orders excluding the undertaking from procurement within the meaning of directive 2014/24/eu of the european parliament and of the council1a , for a period of up to three years. ### orders excluding the undertaking from procurement within the meaning of directive 2014/24/eu of the european parliament and of the council1a , for a period of up to three years , in the event of repeated infringements.


### 3. the financial penalties referred to in paragraph 2 , point (a) , shall amount to a maximum of at least eur 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding business year , whichever is higher. ### deleted