Amendments by Parliament
Materials and componentsTo be labelled
or made identifiable
in accordance with
Article 4(2)(b)(iv)
Lead as an alloying element
1. Steel (including galvanised steel) containing up to 0,35%lead by weight
2. Aluminium containing up to 0,4% lead by weight3.Aluminium (in wheel rims , engine parts and window levers) containing up to 4% lead by weight X
4. Copper alloy containing up to 4% lead by weight
4a. Lead/bronze bearing-shells and bushes
Leadand lead compounds in components
5. Batteries within the meaning of Directive 91/157/EEC(
1) X
6. Coating inside petrol tanks X
7. Vibration dampers X
8. Vulcanising agent for high pressure or fuel hoses
9. Stabiliser in protective paints10. Solder in electronic circuit boards and other applications10a. Balance weights, with a protective coating giving at least 10 years corrosion protection X
10b. Electrical components which contain lead in a glass or ceramics matrix compound (maximum:
1 g per vehicle).
Hexavalent chromium
11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle)
Mercury
12. Bulbs and lighting elements X
Cadmium
12a. Batteries within the meaning of Directive 91/157/EEC(
1)X
(1) OJ L 78, 26.3.1991, p. 38.
7. Cross-border services: posting of third-country nationals ***I
A5-0007/2000
Proposal for a European Parliament and Council directive on the posting of workers who are
third-country nationals for the provision of cross-border services (COM(1999) 3 2dash C4-0095/1999
2dash 1999/0012(COD))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
(Amendment 1)
Entire text
(Throughout the text, replace the term ‘EC service provision card’ with
the term ‘EU service provision card’.)
(1) OJ C 67, 10.3.1999, p. 12.C 309/70 EN 27.10.2000 Official Journal of the European Communities
Thursday 3 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 2)
Recital 6
(6) Whereas a document known as an ‘ECservice provision
card’, to be issued by the Member State in which the service
provider is established, should be the instrument that facilitates
postings so that a provider can react with a view to current or poten-tial postings in connection with normal activities even if his staffincludes one or more third-country nationals; whereas it should befor theservice provider to decide whether to apply for the ECser-
vice provision card; whereas this Directive, similarly, does notaffect the undertakings of the Community and its MemberStates, given in the context of the General Agreement onTrade in Services (GATS); whereas the ECservice provision
card should include only the data required under Directive 95/46/EC of the European Parliament and of the Council of24 October 1995 on the protection of individuals with regardto the processing of personal data and on the free movementof such data;(6) Whereas the‘EUservice provision card’, to be issued by
the Member State in which the service provider is established,
is intended to remove the legal uncertainty associatedwith postings and thus facilitate the free movement of ser-vices; whereas, if a posting is contemplated, the service pro-
vidershould therefore be entitled to apply for an EUservice
provision card in his Member State of establishment and to
produce the evidence required for the issue of such a card;whereas this Directive, similarly, does not affect the undertak-ings of the Community and its Member States, given in thecontext of the General Agreement on Trade in Services(GATS); whereas the EUservice provision card should include
only the data required under Directive 95/46/EC of the Euro-pean Parliament and of the Council of 24 October 1995 on theprotection of individuals with regard to the processing of per-sonal data and on the free movement of such data;
(Amendment 3)
Recital 9
(9) Whereas each Member State in which a service is pro-
vided should be able to make it obligatory to declare, before
the entry of the posted worker into the territory, his intendedpresence and the service or services for which he is to beposted; whereas a compulsory prior declaration should enablethe Member State in question to take measurein specific cases
on grounds of public order, public security or public health,within the limits set by this Directive; whereas each MemberState in which a service is provided should also be able tomake it obligatory to obtain, after entry, a temporary residencepermit if the time required for the service or services for whichthe posted worker will reside exceeds six months out of aperiod of twelve months;(9) Whereas each Member State in which a service is pro-
vided should continue to be able, in the case of workers
without an EU service provision card, to make it obligatory
to declare, before the entry of the posted worker into the terri-tory, his intended presence and the service or services forwhich he is to be posted; whereas a compulsory prior declara-tion should in this case enable the Member State in question
to takemeasures in specific cases on grounds of public order,
public security or public health, within the limits set by thisDirective; whereas each Member State in which a service isprovided should in every case also be able to make it obliga-
tory to obtain, after entry, a temporary residence permit if thetime required for the service or services for which the postedworker will reside exceeds six months out of a period of twelvemonths;
(Amendment 4)
Recital 10
(10)Whereas each Member State should thus be able to check, par-
ticularly if a temporary residence permit is issued, that the residence of
the worker posted is for the purpose of providing a service or services
in the Member State; whereas the freedom to provide services
should always be of a temporary nature which must be deter-mined on the basis of the continuity, frequency, and durationof the service; whereas the validity of the temporary residencepermit should be capable of limitation to the period of validityof theECservice provision card on the grounds that the Mem-
ber State intends to issue, in conformity with the freedom toprovide services, a residence permit in accordance with its ownnational provisions for postings exceeding six or twelvemonths;(10) Whereas the freedom to provide services should always
be of a temporary nature which must be determined on the
basis of the continuity, frequency, and duration of the service;
whereas the validity of the temporary residence permit shouldbe capable of limitation to the period of validity of the EU
service provision card on the grounds that the Member Stateintends to issue, in conformity with the freedom to provideservices, a residence permit in accordance with its own nationalprovisions for postings exceeding six or twelve months;27.10.2000 EN C 309/71 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 5)
Recital 13
(13) Whereas it is vital for the implementation of this Direc-
tive to ensure close cooperation between the competent autho-rities of the Member States; whereas it would be useful for thecompetent authorities of the Member States to adopt a uniformformat for the ECservice provision card; whereas the Commi-
ssion should be empowered to lay down this format and otherprocedures in connection with the ECservice provision card,
acting in accordance with the procedure set out in Council
Regulation (EC) No 1683/95 of 29 May 1995 laying down
a uniform format for visas(
1);(13) Whereas it is vital for the implementation of this Direc-
tive to ensure close cooperation between the competent autho-rities of the Member States; whereas it would be useful for thecompetent authorities of the Member States to adopt a uniformformat for the EUservice provision card; whereas the Commi-
ssion should be empowered to lay down this format and otherprocedures in connection with the EUservice provision card,
acting in accordance with the advisory procedure set out in
CouncilDecision 1999/468/EC of 28 June 1999 laying
downthe procedures for the exercise of implementing
powers conferred on the Commission(
1);
(1) OJ L 164, 14.7.1995, p. 1. (1) OJ L 184, 17.7.1999, p. 23.
(Amendment 6)
Recital 15
(15) Whereas, in accordance with the principle of propor-
tionality as set out in the third paragraph of Article 3bof the
EC Treaty, this Directive does not go beyond what is necessaryfor achieving the objective of the free movement of services;whereas it covers only the checks that precede the provisionof cross-border services, but not the checks made afterwards in
the Member State in which the service is provided; whereas itis limited to postings for periods of not more than twelvemonths and to the recognition of diplomas, certificates andother qualifications acquired within the Community;(15) Whereas, in accordance with the principle of propor-
tionality as set out in the third paragraph of Article 5of the
EC Treaty, this Directive does not go beyond what is necessaryfor achieving the objective of the free movement of services;whereas it covers only the checks that precede the provisionof cross-border services, but not the checks made in the Mem-ber State in which the service is provided; whereas it is limitedto postings for periods of not more than twelve months and tothe recognition of diplomas, certificates and other qualificationsacquired within the Community;
(Amendment 7)
Article 1
This Directive applies to service providers established in a
Member State who, in connection with the provision of cross-border services, post workers who are nationals of a thirdcountry to the territory of anotherMember State.1.This Directive applies to service providers established in a
Member State who, in connection with the provision of cross-border services, temporarily post workers who are nationals
of a third country
(a) under their direction to the territory of aMember State
under a contract concluded between the undertakingmaking the posting and the party for whom the ser-vices are intended operating in that Member State, or
(b) to an establishment or an undertaking owned by their
group in the territory of a Member State (‘posting’)(
1);
(1) See Directive 96/71/EC, Article 1(3)(a) and (b).
(Amendment 8)
Article 1(2) (new)
2. This Directive shall not apply to undertakings within
the meaning of Article 1(3)(c) of Directive 96/71/EC.C 309/72 EN 27.10.2000 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 9)
Article 2(1), 1st subparagraph
1. When a provider of services proposes, in the ordinary
course of his business, to post an employed worker who is a national
of a third country to one or more other Member States on
account of one of the situations set out in points (a) and (b) ofArticle 1(3) of Directive 96/71/EC , the Member State in which
the service-provider is established shall be obliged to issue tohim, at his request, a document to be known as an‘EC service
provision card’ .1. When a provider of services proposes to make a posting
to one or more other Member States, the Member State in
which the service provider is established shall be obliged toissue to him, at his request, an EUservice provision card
under the conditions laid down in this Directive .
(Amendment 10)
Article 2(1), 2nd subparagraph
TheECservice provision card shall be issued if it is established
that:TheEUservice provision card shall be issued on request for
the provision of services in the territory of all or individ-ual Member States
(a) the worker resides in that Member State, in accordance with
its legislation;(a) ifthe service provider furnishes proof that during the
requested period of validity of the card and for atleast three months after its expiry, in accordancewith the legislation applying in the Member State inwhich the service provider is established, the worker
(i) normally resides in that Member State ;
(ii) is not obliged, for reasons to do with the right of
residence, to leave the territory of that MemberState and is lawfully employed there,
(iii) is insured against the risk of sickness and occu-
pational accident. Adequate proof shall be deemedto be provided if the social insurance institutionof the Member State in which the service provi-der is established, or a private insurance policy,covers such risks when the worker resides in the
other Member States in connection with the pro-
vision of services,
(b)he is affiliated to the social security scheme in the Member State
responsible for the riskof sick ness or industrial accident, or elseis insured against the riskof sick ness or industrial accident dur-ing his posting to one or more other Member States.(b) if the service provider furnishes proof that there is
nothing in the relevant legislation implementingDirective 64/221/EEC in the Member State in whichthe service is provided to prevent the worker frompursuing an activity there, and
(c) if no Member State challenges the validity of the ser-
vice provision card on its territory on the grounds
referred to under (a) and (b).
If any one of these conditions ceases to apply after the
EU service provision card has been issued, the card shallcease to be valid notwithstanding the continued validityof the insurance protection against sickness and occupa-tional accident. The relevant Member State shall requirethe service provider to cooperate in the return of theEU service provision card.27.10.2000 EN C 309/73 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 11)
Article 2(2), 1st subparagraph
2.The EC service provision card shall be valid for the period
during which the worker isin lawful actual employment,
which may not exceed
(a) twelve months in the case of lawful actual employment for more
than twelve months before the card is issued, or
(b) six months in the case of lawful actual employment for more
than six months before the card is issued.2.The period of validity of the EU service provision
card may not exceed the period during which the worker
has already been in lawful andactual employment in the
Member State in which the service provider is established,and may in no case exceed twelve months.
The minimum requirement for the issue of the EU service
provision card shall be three months of proven lawful andactual employment.
(Amendment 12)
Article 2(2), 2nd subparagraph
‘Lawful employment’ means workcarried out under Community or
national regulations, or with the authorisation of the Member Stateissuing the EC service provision card, which permits access to a jobeither with the applicant service provider or with another employerestablished in the Member State in question.A worker shall be regarded as lawfully employed if he is
permitted to be in paid employment by virtue of a provi-sion of Community law or of laws, regulations or admin-istrative provisions in the Member State in which the ser-vice provider is established.
(Amendment 13)
Article 2(4), 1st subparagraph
4. The ECservice provision card shall be a separate document
belonging to the service provider, which he puts at the disposal of
theposted employed worker described therein. It shall contain the
following data:4.The service provider shall put theEUservice provision
card at the disposal of the worker named on the card.
The EU service provision card shall containdetails of :
(a)details ofthe service provider and the posted worker; (a) the service provider , the provider’s field of business and
the posted worker;
(b) the period of validity; (b) the period of validity;(c) the issuing authority and issuing Member State. (c) the issuing authority and issuing Member State;
(ca) the Member States for which the card is valid.
(Amendment 14)
Article 2(4), 2nd subparagraph
The precise details, a specimen of the document to be issued,
and the technical specifications designed to prevent falsificationshall be laid down in an implementing regulation in accordance
with the procedure provided for in Article 6 of Regulation (EC)
No 1683/95.The precise details, a specimen of the document to be issued,
and the technical specifications designed to prevent falsificationshall be laid down in accordance with the following pro-
cedure:
2dash The Commission shall be assisted by an advisory com-
mittee as referred to in Article 3 of Decision 1999/468/EC. Article 8 of the Decision shall apply.C 309/74 EN 27.10.2000 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
2dash The European Parliament shall be informed by the
Commission of committee proceedings on a regularbasis, pursuant to Article 7(3) of the Decision.
The principles and conditions on public access to
documents applicable to the Commission shall applyto the committee.
(Amendment 15)
Article 2(5)
5. The Member State issuing the ECservice provision card
may not regard posting for the provision of services in anotherMember State as being an interruption of the posted worker’speriod of residence or paid activity.5. The Member State issuing the EUservice provision card
may not regard posting for the provision of services in anotherMember State as being an interruption of the posted worker’speriod of residence or paid activity.
Should the contract between the service provider and the
posted worker come to an end, the service provider shallimmediately inform the authorities of the Member Statein which the services are being provided.
The issuing Member State may not refuse, under national reg-
ulations, the readmission to its territory of the posted worker,for any reason whatsoever.The issuing Member State may not refuse, under national reg-
ulations, the readmission to its territory of the posted worker,for any reason whatsoever, including that of the termination
of the contract between the service provider and theposted worker .
(Amendment 16)
Article 3(1)
1. Any Member State in which services are provided shall
permit the entry and residence of a worker who is a third-country national toits territory for the purpose of one or
more provisions of services, if such person is in possession ofthe ECservice provision card, and of an identity card or pass-
portvalidfor the period during which the services are to be
provided.1. Any Member State in which services are provided shall
permit the entry and residence of a worker who is a third-country national onits territory for the purpose of one or
more provisions of services, if such person is in possession,for the period during which the services are to be provided,ofa valid EU service provision card, a copy of the order
form for the specific service to be provided, showing theexpected duration of the person’s presence, anda valid
identity card or passport.
(Amendment 17)
Article 3(3)
3. Any Member State in which a service is provided may
require the service provider to declare, before the worker entersthe territory, the intended presence of the posted worker, theperiod of presence provided for and the service provision orprovisions for which he is to be posted. If the total period
required for the service provision or provisions in questionexceeds six months out of a period of twelve months, theMember State shall issue, after entry of the posted worker, atemporary residence permit showing that residence isauthorised.3. Any Member State in which a service is provided may
require the service provider, if the posted worker is not in
possession of a valid EU service provision card, to declare,
before the worker enters the territory, the intended presence ofthe posted worker, the period of presence provided for and theservice provision or provisions for which he is to have entry .
If the total period required for the service provision or provi-sions in question exceeds six months out of a period of twelvemonths, the Member State shall issue, after entry of the postedworker, a temporary residence permit showing that residence isauthorised.27.10.2000 EN C 309/75 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 18)
Article 4(2a) (new)
2a. The provisions of Directive 96/71/EC shall apply in
full to beneficiaries of this Directive.
(Amendment 19)
Article 5
1.TheMember Statesshall designate the authorities responsi-
ble for issuing the ECservice provision card and the temporary
residence permit, and for receiving the information referred to in
Article 3(3). They shall provide the Commission and the other Mem-
ber States with a list of such authorities. They shall take the necessarymeasures for simplifying as far as possible the formalities, deadlinesand procedures for obtaining the above-mentioned documents, whichshall be issued free of charge or on payment of a sum not exceedingthe duties and taxes payable for the issuing of identity cards tonational citizens .1.EachMemberStateshall designate the authority respon-
sible for issuing the EUservice provision card and the tempor-
ary residence permit.
2.Member States shall provide for cooperation between the public
administrations responsible under national legislation for matters con-nected with the implementation of this Directive.2.The authority shall grant access to the service cards
issued, and the information contained therein pursuant toArticle 2(4), first subparagraph, to the authorities of theother Member States.
Cooperation shall in particular entail replying to any reasoned request
for information. Such cooperation shall be provided free of charge and
without delay.2a. A common system may be used for this purpose.
European Parliament legislative resolution on the proposal for a European Parliament and Council
directive on the posting of workers who are third-country nationals for the provision of cross-
border services (COM(1999) 3 2dash C4-0095/1999 2dash 1999/0012(COD))
(Codecision procedure: first reading)
The European Parliament,
Hdash having regard to the Commission proposal to the European Parliament and the Council
(COM(1999) 3)(1),
Hdash having regard to Articles 251(2), 47(2) and 55 of the EC Treaty, pursuant to which the Commission
submitted the proposal to Parliament (C4-0095/1999),
Hdash having regard to Rule 67 of its Rules of Procedure,Hdash having regard to the report of the Committee on Legal Affairs and the Internal Market and the opi-
nions of the Committee on Employment and Social Affairs and the Committee on Citizens’ Freedomsand Rights, Justice and Home Affairs (A5-0007/2000),
1. Approves the Commission proposal as amended;
2. Asks to be consulted again should the Commission intend to amend its proposal substantially or
replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 67, 10.3.1999, p. 12.C 309/76 EN 27.10.2000 Official Journal of the European Communities
Thursday 3 February 2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT