Begrundet udtalelse fra det kroatiske parlament vedr. revision af udstationeringsdirektivet

Europaudvalget 2016
KOM (2016) 0128 Bilag 8
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C R O A T I A N P A R L I A M E N T
European Affairs Committee
Class: 022-03/16-03/75
Ref No: 6521-31-16-01
Zagreb, 5 May 2016
Reasoned Opinion
on
Proposal for a Directive of the European Parliament and of the Council amending
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services COM
(2016) 128
In exercise of the powers conferred by the Act on the Co-Operation of the Croatian Parliament
and the Government of the Republic of Croatia in European Affairs and the Standing Orders of
the Croatian Parliament, on 5 May 2016 the European Affairs Committee held a session to
discuss the Proposal for a Directive of the European Parliament and of the Council amending
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services COM (2016)
128.
In accordance with the powers conferred upon national Parliaments of EU Member States by
the Treaty on European Union and the Treaty on the Functioning of the European Union, and
in particular by Protocol (No 2) on the application of the principles of subsidiarity and
proportionality, the Committee members discussed the above mentioned Proposal for a
Directive from the perspective of respecting the principle of subsidiarity, as defined by Article
5, paragraph 2 of the Treaty on European Union.
Under Article 158, paragraph 5 of the Standing Orders of the Croatian Parliament, after having
discussed the matter, the European Affairs Committee adopted the following
REASONED OPINION
Proposal for a Directive of the European Parliament and of the Council amending Directive
96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning
the posting of workers in the framework of the provision of services does not comply with the
principle of subsidiarity.
Europaudvalget 2016
KOM (2016) 0128 Bilag 8
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EXPLANATION
The European Affairs Committee has concluded that, contrary to Article 5 of Protocol No 2 on
the application of the principles of subsidiarity and proportionality, Proposal for a Directive of
the European Parliament and of the Council amending Directive 96/71/EC of the European
Parliament and of the Council of 16 December 1996 concerning the posting of workers in the
framework of the provision of services does not contain a detailed statement making it possible
to appraise compliance with the principles of subsidiarity and proportionality. It therefore
follows that the European Commission, as the author of this proposal, has not substantiated the
need for adopting the draft legislative act at European Union level.
Furthermore, referring to Article 56 of the Treaty on the Functioning of the European Union,
the European Affairs Committee considers that the present Proposal for a Directive raises
concerns about restrictions on freedom to provide services within the European Union and
stresses that labour cost is a legitimate element of companies’ competitiveness in the EU
internal market.
Consequently, the European Affairs Committee questions the justification for the author’s
proposal to interfere with the principle of autonomy of employers and trade unions in the
process of collective bargaining.
The European Affairs Committee also believes that proposing amendments to Directive
96/71/EC when the deadline for transposition into national law of Directive 2014/67/EU 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’) has not yet
expired, leads to overregulation and creates an environment of legal uncertainty for employees
and companies, contravening the principles of the internal market.
CHAIRMAN OF THE COMMITTEE
Gordan Jandroković