# C_2017443EN.01091901.xml

| 22.12.2017 | EN | Official Journal of the European Union | C 443/919 |
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22.12.2017

EN

Official Journal of the European Union

C 443/919

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P7_TA(2014)0415

Posting of workers in the framework of the provision of services ***I

European Parliament legislative resolution of 16 April 2014 on the proposal for a directive of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (COM(2012)0131 — C7-0086/2012 — 2012/0061(COD))

(Ordinary legislative procedure: first reading)

(2017/C 443/88)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0131), |
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having regard to the Commission proposal to Parliament and the Council (COM(2012)0131),

| — | having regard to Article 294(2) and Articles 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0086/2012), |
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having regard to Article 294(2) and Articles 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0086/2012),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 19 September 2012 (1), |
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having regard to the opinion of the European Economic and Social Committee of 19 September 2012 (1),

1

| — | having regard to the opinion of the Committee of the Regions of 29 November 2012 (2), |
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having regard to the opinion of the Committee of the Regions of 29 November 2012 (2),

2

| — | having regard to the undertaking given by the Council representative by letter of 5 March 2014 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the undertaking given by the Council representative by letter of 5 March 2014 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
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having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Internal Market and Consumer Protection and of the Committee on Legal Affairs (A7-0249/2013), |
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having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Internal Market and Consumer Protection and of the Committee on Legal Affairs (A7-0249/2013),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Approves the joint statement by Parliament, the Council and the Commission annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
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2.

Approves the joint statement by Parliament, the Council and the Commission annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

Official Journal of the European Union

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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4.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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(1)  OJ C 351, 15.11.2012, p. 61.

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(2)  OJ C 17, 19.1.2013, p. 67.

2

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P7_TC1-COD(2012)0061

Position of the European Parliament adopted at first reading on 16 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/67/EU.)

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ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement by the European Parliament, the Council and the Commission on Article 4(3)(g)

The fact whether or not the post to which the posted worker is temporarily assigned to carry out his or her work in the framework of the provision of services was filled by the same or another (posted) worker during any previous periods constitutes only one of the possible elements to be taken into account while making an overall assessment of the factual situation in case of doubt.

The mere fact that it can be one of the elements should in no way be interpreted as imposing a ban on the possible replacement of a posted worker by another posted worker or hampering the possibility of such a replacement, which may be inherent in particular to services which are provided on a seasonal, cyclical or repetitive basis.

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