CHAPTER IPRINCIPLES

Article 1Establishment, subject matter and scope

1.

This Regulation establishes the European Labour Authority (the ‘Authority’).

2.

The Authority shall assist Member States and the Commission in their effective application and enforcement of Union law related to labour mobility across the Union and the coordination of social security systems within the Union. The Authority shall act within the scope of the Union acts listed in paragraph 4, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority.

3.

This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law or practice. Nor does it affect the right to negotiate, conclude and enforce collective agreements, or to take collective action in accordance with national law or practice.

4.

The scope of activities of the Authority shall cover the following Union acts, including all future amendments to these acts:

(a)

Directive 96/71/EC of the European Parliament and of the Council19;

(b)

Directive 2014/67/EU;

(c)

Regulation (EC) No 883/2004 and Regulation(EC) No 987/2009 of the European Parliament and of the Council20, including the provisions of Council Regulations (EEC) No 1408/7121 and (EEC) No 574/7222 insofar as they are still applicable, Regulation (EU) No 1231/2010 of the European Parliament and of the Council23 and Council Regulation (EC) No 859/200324 extending the provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72 to nationals of third countries who are not already covered by these Regulations solely on the grounds of their nationality;

(d)

Regulation (EU) No 492/2011;

(e)

Directive 2014/54/EU;

(f)

Regulation (EU) 2016/589;

(g)

Regulation (EC) No 561/2006 of the European Parliament and of the Council25;

(h)

Directive 2006/22/EC of the European Parliament and of the Council26;

(i)

Regulation (EC) No 1071/2009 of the European Parliament and of the Council27.

5.

The scope of activities of the Authority shall cover the provisions of this Regulation related to the cooperation between Member States in order to tackle undeclared work.

6.

This Regulation shall respect the competences of Member States with regard to the application and enforcement of Union law listed in paragraph 4.

It shall not affect the rights or obligations of individuals or employers granted by Union law or national law or practice, nor the rights and obligations of national authorities deriving thereof, as well as the autonomy of the social partners as recognised by the TFEU.

This Regulation shall be without prejudice to existing bilateral agreements and administrative cooperation arrangements between Member States, in particular those related to concerted and joint inspections.

Article 2Objectives

The objectives of the Authority shall be to contribute to ensuring fair labour mobility across the Union and assist Member States and the Commission in the coordination of social security systems within the Union. To that end, and within the scope pursuant to Article 1, the Authority shall:

  1. (a)

    facilitate access to information on rights and obligations regarding labour mobility across the Union as well as to relevant services;

  2. (b)

    facilitate and enhance cooperation between Member States in the enforcement of relevant Union law across the Union, including facilitating concerted and joint inspections;

  3. (c)

    mediate and facilitate a solution in cases of cross-border disputes between Member States; and

  4. (d)

    support cooperation between Member States in tackling undeclared work.

Article 3Legal status

1.

The Authority shall be a Union body with legal personality.

2.

In each Member State, the Authority shall enjoy the most extensive legal capacity accorded to legal persons under their national law. It may, in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.