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[ ] © ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l Senior Labour Inspectors Committee DIRECCIÓN GENERAL DE LA INSPECCIÓN. SPAIN Raimundo Aragón Bombín Bilbao, 7 May 2010
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 2 Convergence of Inspectorates Building a European Level Enforcement System (CIBELES) A PROJECT FOR SETTING UP EUROSH (A European Network for Enforcement)
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 3 State of play of the project The application for grant was presented before the Commission on 25th March 2010 Date of start : 15th April Total budget: € Funding requested: € Grant to finance: Meetings; Experts conference; Technical-study visits to/by the participant countries; Translations and interpreters; Subcontracting of statistical studies in a given country; Final conference and presentation of the outcomes and final report.
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 4 Staff assigned to the project Leader project (Mr Pablo Páramo Montero) Ministry coordinator (Mrs Luisa Carrillo Pacheco) Spanish team : Five labour inspectors experts on the subject; Management staff : Three civil servants; Multidisciplinary group: Law advisors (Ministry of Labour, Ministry of Foreign Affairs, Ministry of Justice) Multinational group: Experts appointed by MT, PT, IT, AU, BE, HU, DE. ILO & Bilbao EU OSHA I
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 5 First meeting: main issues » Madrid, April 29th » Main issues dealt with: Difficulties related to collecting data and statistics on posted workers and sanctioning proceedings; Some countries have statistics, but some other countries do not have available data or are not able to provide them;
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 6 Meeting 29 April 2010: main issues The scope of the project and its objectives should be concise and clear-cut in order to avoid drifting to matters which are linked but are not the core subject; The chief problem faced by EU MS is that financial penalties on OSH matters are not being enforced beyond borders, particularly when it comes to posted workers; Cross border enforcement on OSH matters is subject to lobby and/or economical group interests, but at the same time free competence is not possible where companies are not compelled to comply with law
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 7 Meeting 29 April 2010: main conclusions This is even more difficult to tackle since different legal systems and sanctioning proceedings are at stake; The project should serve to collecting information about the real cases and problems and account for the extent of the phenomenon; The project should entail clear and concrete proposals in order to overcome shortcomings related to cross border enforcement;
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 8 Meeting 29 April 2010: main proposals A ranked set of proposals should be made: -Better and more cooperation amongst Labour Inspectorates via multilateral and/or bilateral agreements; -MS and Labour Inspectorates to avail themselves of the potentials of FD 214/2005, on Mutual Recognition, Convention 29 May 2000, and any other EU legal tools; -New legislative initiatives in order to enable MS to enforce sanctions cross border and/or to assure the effectiveness of sanctions by other means (e.g. joint liability).
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 9 Meeting 29 April 2010: other issues The group fixed the date of the Experts Conference, which will take place on October. It was agreed that before the technical visits take place ( ), it would be advisable to send an official letter signed both by the Spanish Labour Inspectorate, as project leader, and Commission Unit in Luxembourg in order to facilitate liaisons and arrangements or meetings with representatives from other bodies or institutions which have specific or relevant competences (e.g. Public Prosecution Offices, competent authorities for deciding sanctioning proceedings, Ministry of Justice, Protection of Data Authority, etc) The technical guide/questionnaire should be answered in advance in order to identify unclear points or questions. There was a general agreement that the questionnaire reflected quite accurately the issues concerned, despite more attention should be paid to the collection of real cases and practical solutions in terms of collaboration between MS.
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 10 Final report meeting After the technical visits and Experts Conference, there will be one or two meetings for: Reviewing and monitoring the whole process; Preparing the final report and its structure: Discussing the general lines of the report.
© ITSS 2009 w w w. m t i n. e s / i t s s / i n d e x.h t m l 11 THANK YOU FOR YOUR ATTENTION
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