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 — C4-0095/1999 — 1999/0012(COD))
Date: 2000-10-27
Institutions: Committee on Legal Affairs, European Parliament
Subjects: foreign national, free movement of workers, freedom to provide services, frontier worker, labour mobility

C 309/70

Official Journal of the European Communities

EN

27.10.2000

Thursday 3 February 2000

COMMON POSITION
OF THE COUNCIL

Materials and components

Lead as an alloying element

AMENDMENTS
BY PARLIAMENT

Amendments by Parliament

To be labelled
or made identifiable
in accordance with
Article 4(2)(b)(iv)

Steel (including galvanised steel) containing up to 0,35 % lead by weight

1.
2. Aluminium containing up to 0,4 % lead by weight
3. Aluminium (in wheel rims, engine parts and window levers) containing up to 4 % lead by weight
4.
4a. Lead/bronze bearing-shells and bushes

Copper alloy containing up to 4 % lead by weight

Lead and lead compounds in components

Batteries within the meaning of Directive 91/157/EEC (1)
Coating inside petrol tanks
Vibration dampers
Vulcanising agent for high pressure or fuel hoses
Stabiliser in protective paints

5.
6.
7.
8.
9.
10. Solder in electronic circuit boards and other applications
10a. Balance weights, with a protective coating giving at least 10 years corrosion protection
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

Cadmium
12a. Batteries within the meaning of Directive 91/157/EEC (1)

(1) OJ L 78, 26.3.1991, p. 38.

X

X
X
X

X

X

X

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 8 C4-0095/1999
8 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.

27.10.2000

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Official Journal of the European Communities

C 309/71

TEXT PROPOSED
BY THE COMMISSION

Thursday 3 February 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 2)

Recital 6

(6) Whereas a document known as an ‘EC service 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 staff
includes one or more third-country nationals; whereas it should be
for the service provider to decide whether to apply for the EC ser-
vice provision card; whereas this Directive, similarly, does not
affect the undertakings of the Community and its Member
States, given in the context of
the General Agreement on
Trade in Services (GATS); whereas the EC service provision
card should include only the data required under Directive 95/
46/EC of
the Council of
24 October 1995 on the protection of individuals with regard
to the processing of personal data and on the free movement
of such data;

the European Parliament and of

(6) Whereas the ‘EU service provision card’, to be issued by
the Member State in which the service provider is established,
is intended to remove the legal uncertainty associated
with postings and thus facilitate the free movement of ser-
vices; whereas, if a posting is contemplated, the service pro-
vider should therefore be entitled to apply for an EU service
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 the
the General Agreement on Trade in Services
context of
(GATS); whereas the EU service 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 the
protection 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 intended
presence and the service or services for which he is to be
posted; whereas a compulsory prior declaration should enable
the Member State in question to take measure in specific cases
on grounds of public order, public security or public health,
within the limits set by this Directive; whereas each Member
State in which a service is provided should also be able to
make it obligatory to obtain, after entry, a temporary residence
permit if the time required for the service or services for which
the posted worker will reside exceeds six months out of a
period 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 for
which he is to be posted; whereas a compulsory prior declara-
tion should in this case enable the Member State in question
to take measures in specific cases on grounds of public order,
public security or public health, within the limits set by this
Directive; whereas each Member State in which a service is
provided should in every case also be able to make it obliga-
tory to obtain, after entry, a temporary residence permit if the
time required for the service or services for which the posted
worker will reside exceeds six months out of a period of twelve
months;

(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 duration
of the service; whereas the validity of the temporary residence
permit should be capable of limitation to the period of validity
of the EC service provision card on the grounds that the Mem-
ber State intends to issue, in conformity with the freedom to
provide services, a residence permit in accordance with its own
national provisions
twelve
months;

for postings exceeding six or

(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 should
be capable of limitation to the period of validity of the EU
service provision card on the grounds that the Member State
intends to issue,
in conformity with the freedom to provide
services, a residence permit in accordance with its own national
provisions for postings exceeding six or twelve months;

C 309/72

Official Journal of the European Communities

EN

27.10.2000

Thursday 3 February 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
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 the
competent authorities of the Member States to adopt a uniform
format for the EC service provision card; whereas the Commi-
ssion should be empowered to lay down this format and other
procedures in connection with the EC service 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 the
competent authorities of the Member States to adopt a uniform
format for the EU service provision card; whereas the Commi-
ssion should be empowered to lay down this format and other
procedures in connection with the EU service provision card,
acting in accordance with the advisory procedure set out in
Council Decision 1999/468/EC of 28 June 1999 laying
down the 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

in accordance with the principle of propor-
(15) Whereas,
tionality as set out in the third paragraph of Article 3b of the
EC Treaty, this Directive does not go beyond what is necessary
for achieving the objective of the free movement of services;
whereas it covers only the checks that precede the provision
of cross-border services, but not the checks made afterwards in
the Member State in which the service is provided; whereas it
is limited to postings for periods of not more than twelve
months and to the recognition of diplomas, certificates and
other qualifications acquired within the Community;

in accordance with the principle of propor-
(15) Whereas,
tionality as set out in the third paragraph of Article 5 of the
EC Treaty, this Directive does not go beyond what is necessary
for achieving the objective of the free movement of services;
whereas it covers only the checks that precede the provision
of cross-border services, but not the checks made in the Mem-
ber State in which the service is provided; whereas it is limited
to postings for periods of not more than twelve months and to
the recognition of diplomas, certificates and other qualifications
acquired 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 third
country to the territory of another Member 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 a Member State
under a contract concluded between the undertaking
making 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)

This Directive shall not apply to undertakings within

2.
the meaning of Article 1(3)(c) of Directive 96/71/EC.

27.10.2000

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Official Journal of the European Communities

C 309/73

TEXT PROPOSED
BY THE COMMISSION

Thursday 3 February 2000

AMENDMENTS
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) of
Article 1(3) of Directive 96/71/EC, the Member State in which
the service-provider is established shall be obliged to issue to
him, 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 to
issue to him, at his request, an EU service provision card
under the conditions laid down in this Directive.

(Amendment 10)

Article 2(1), 2nd subparagraph

The EC service provision card shall be issued if it is established
that:

The EU service 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)

if the service provider furnishes proof that during the
requested period of validity of the card and for at
least three months after its expiry,
in accordance
with the legislation applying in the Member State in
which 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 Member
State and is lawfully employed there,

(iii)

is insured against the risk of sickness and occu-
pational accident. Adequate proof shall be deemed
to be provided if the social insurance institution
of 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 risk of sickness or industrial accident, or else
is insured against the risk of sickness 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 implementing
Directive 64/221/EEC in the Member State in which
the service is provided to prevent the worker from
pursuing 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 shall
cease to be valid notwithstanding the continued validity
of the insurance protection against sickness and occupa-
tional accident. The relevant Member State shall require
the service provider to cooperate in the return of the
EU service provision card.

C 309/74

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27.10.2000

Thursday 3 February 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 11)

Article 2(2), 1st subparagraph

The EC service provision card shall be valid for the period
in lawful actual employment,

2.
during which the worker is
which may not exceed

(a)

(b)

twelve months in the case of lawful actual employment for more
than twelve months before the card is issued, or

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 and actual 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 and
actual employment.

(Amendment 12)

Article 2(2), 2nd subparagraph

‘Lawful employment’ means work carried out under Community or
national regulations, or with the authorisation of the Member State
issuing the EC service provision card, which permits access to a job
either with the applicant service provider or with another employer
established 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 EC service provision card shall be a separate document
belonging to the service provider, which he puts at the disposal of
the posted employed worker described therein. It shall contain the
following data:

The service provider shall put the EU service provision
the worker named on the card.

4.
card at
The EU service provision card shall contain details of:

the disposal of

(a) details of the 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 falsification
shall 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 falsification
shall be laid down in accordance with the following pro-
cedure:

8 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.

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Official Journal of the European Communities

C 309/75

TEXT PROPOSED
BY THE COMMISSION

Thursday 3 February 2000

AMENDMENTS
BY PARLIAMENT

8 The European Parliament shall be informed by the
Commission of committee proceedings on a regular
basis, pursuant
the Decision.
to Article 7(3) of
The principles and conditions on public access to
documents applicable to the Commission shall apply
to the committee.

(Amendment 15)

Article 2(5)

5.
The Member State issuing the EC service provision card
may not regard posting for the provision of services in another
Member State as being an interruption of the posted worker’s
period of residence or paid activity.

5.
The Member State issuing the EU service provision card
may not regard posting for the provision of services in another
Member State as being an interruption of the posted worker’s
period of residence or paid activity.

The issuing Member State may not refuse, under national reg-
ulations, the readmission to its territory of the posted worker,
for any reason whatsoever.

Should the contract between the service provider and the
posted worker come to an end, the service provider shall
immediately inform the authorities of the Member State
in 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, including that of the termination
of the contract between the service provider and the
posted 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-
to its territory for the purpose of one or
country national
more provisions of services, if such person is in possession of
the EC service provision card, and of an identity card or pass-
port valid for 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 on its 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,
of a valid EU service provision card, a copy of the order
form for the specific service to be provided, showing the
expected duration of the person’s presence, and a valid
identity card or passport.

(Amendment 17)

Article 3(3)

Any Member State in which a service is provided may
3.
require the service provider to declare, before the worker enters
the territory, the intended presence of the posted worker, the
period of presence provided for and the service provision or
provisions for which he is to be posted.
If the total period
required for the service provision or provisions in question
exceeds six months out of a period of twelve months, the
Member State shall issue, after entry of the posted worker, a
temporary
is
authorised.

residence permit

residence

showing

that

Any Member State in which a service is provided may
3.
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 of
the posted worker, the period of presence provided for and the
service 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 twelve
months, the Member State shall issue, after entry of the posted
worker, a temporary residence permit showing that residence is
authorised.

C 309/76

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Thursday 3 February 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 18)
Article 4(2a) (new)

The provisions of Directive 96/71/EC shall apply in

2a.
full to beneficiaries of this Directive.

(Amendment 19)
Article 5

The Member States shall designate the authorities responsi-
1.
ble for issuing the EC service 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 necessary
measures for simplifying as far as possible the formalities, deadlines
and procedures for obtaining the above-mentioned documents, which
shall be issued free of charge or on payment of a sum not exceeding
the duties and taxes payable for the issuing of
identity cards to
national citizens.

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.

Cooperation shall in particular entail replying to any reasoned request
for information. Such cooperation shall be provided free of charge and
without delay.

Each Member State shall designate the authority respon-
1.
sible for issuing the EU service provision card and the tempor-
ary residence permit.

2.
The authority shall grant access to the service cards
issued, and the information contained therein pursuant to
Article 2(4), first subparagraph, to the authorities of the
other Member States.

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 8 C4-0095/1999 8 1999/0012(COD))

(Codecision procedure: first reading)

The European Parliament,

F having regard to the Commission proposal

to the European Parliament and the Council

(COM(1999) 3) (1),

F 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),

F having regard to Rule 67 of its Rules of Procedure,

F 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’ Freedoms
and Rights, Justice and Home Affairs (A5-0007/2000),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend its proposal substantially or

2.
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.