EC: Social policy state of play

The first six months of 2002, under the guidance of the Spanish Presidency of the Council of Ministers, have seen the issue of a new proposal for the regulation of temporary work and the conclusion of a draft agreement on teleworking by the EU-level social partners.

There has also been significant progress with a number of statutory instruments, including the final adoption of the information and consultation Directive, the Directive on working time for mobile workers in road transport, the Directive updating the 1976 equal treatment Directive and the Directive on protection against the risks associated with mechanical vibration.

The table below contains all important "live" items of draft social policy legislation of general interest to our readers which are still in the legislative pipeline. The table does not contain those measures that were adopted prior to the most recent table (EU social policy state of play). It shows only those proposals which have yet to be adopted, or which have been adopted since the previous table. Proposals which have become dormant (defined here as not having been discussed in Council for over two years) are not included.

For each proposal, the table provides the following information, as at 15 June 2001:

  • the full title of the proposal;

  • a reference to the issue of the Official Journal of the European Communities1 - the OJ - in which the proposal (and any subsequent revised versions) was published. Laws appear in the Legislative ("L") series, while other instruments and proposals appear in the Communications ("C") series;

  • where appropriate, or available, the Article of the EC Treaty on which the proposal is based; and

  • where relevant, the dates of the proposal's submission to the Council, the Opinions issued on the proposal by the European Parliament (EP), the Committee of the Regions (CoR) and the Economic and Social Committee (ESC), the submission of an amended proposal to the Council, and any Council decisions or debates, in addition to the dates of the formal consultation of the social partners, where relevant. Adopted proposals are identified with an asterisk.

    Adoption

    A total of four Directives were adopted during the first six months of this year. The Directive establishing a general framework for informing and consulting employees and the Directive on the organisation of working time for mobile workers in the road transport industry progressed in tandem through the final stages of the decision-making process.

    A conciliated text of the information and consultation Directive was approved by the EP on 5 February and by the Council on 18 February 2002. The Directive was published in the OJ on 23 March 2002. For a commentary on the text, see EC: New working time and consultation Directives in force; for the text itself, see EC: Final text of information and consultation Directive.

    Similarly, a conciliated text of the working time Directive for mobile workers in road transport was approved by the EP on 5 February and by the Council on 18 February 2002. This Directive was published alongside the above-mentioned Directive in the OJ on 23 March. For a commentary on this text, see EC: New working time and consultation Directives in force, and for the text see EC: Directive on working time for mobile workers in road transport.

    The Directive updating the 1976 equal treatment Directive gained final approval in recent weeks. A joint text was issued by an EP/Council conciliation committee in April, following the refusal of the Council to accept all the amendments made by the EP in its second reading of the text in October 2001. This conciliated text was approved by the EP on 12 June and by the Council on 13 June 2002. The text has yet to appear in the OJ.

    Finally, the Directive aimed at protecting workers against the risks associated with mechanical vibration has now been formally adopted. As the Council could not accept all of the amendments made by the EP at a second reading in October 2001, the text was passed to an EP/Council conciliation committee. The committee produced a joint text on 9 April, which was approved by the EP on 25 April (Parliament: Conciliation texts on equal treatment and vibration) and by the Council on 21 May 2002. The text has yet to appear in the OJ. This is the first of the physical agents Directives originally proposed by the Commission in 1992 to be adopted.

    Agreements and new proposals

    The most significant event of the first half of this year, in terms of new proposals, was the issuing of a new proposal for a statutory instrument regulating temporary work. Negotiations on this subject between the EU-level social partners had broken down in May 2001 and the Commission issued a proposal for a Directive on 20 March 2002. The aim of the proposal is to provide a framework for the use of temporary work and ensure that there is no discrimination against temporary workers, in comparison with comparable workers in the user company. For a full examination of this text, see EC: Commission issues temporary work proposal. The text itself is reproduced in EC: Temporary agency work proposal. The proposal, which has been welcomed by trade unions but criticised in many areas by employers' representatives, has now begun its journey through the decision-making machinery of the EU. The text has been passed to the EP for a first reading, expected during the second half of this year.

    The other main event of the past six months has been the successful conclusion of a voluntary agreement on teleworking between the EU-level social partners. A draft agreement was concluded on 23 May after some eight months of negotiations. The deal has yet to be formally endorsed by the executives of the signatory parties. Contrary to the previous EU-level interprofessional agreements concluded over the past five years (on parental leave, part-time work and fixed-term contracts), this accord will not be given legal underpinning by a Council decision (usually in the form of a Directive), as it is a voluntary accord.

    Finally, the European Commission issued on 12 June a first-stage consultation paper to the social partners on the issue of the portability of supplementary pension schemes. It is asking the social partners for their views on whether there is a need for EU-level action in this area, what form it should take and what it should cover. The Commission itself believes that the fact that there is no comprehensive EU-level framework regulating workers' rights to transfer their supplementary pension provision when they change employer, either within or between EU member states, is hindering freedom of movement.

    Consultation and amended proposals

    The Commission's proposal to update social security Regulation 1408/71 continues to make progress, albeit slow. The 3 June employment and social policy Council noted progress so far and hoped that a general approach could be agreed upon in the next few weeks.

    There has been progress recently on a number of health and safety proposals. The proposal concerning protection against exposure to noise is now progressing. Following a common position reached by the Council in June 2001, which was formally adopted in October, the EP gave the text a second reading on 13 March 2002. The Commission indicated on 3 May that it cannot accept all the EP's amendments. The Council's second reading is now awaited. If it cannot accept all the EP's amendments - and the indications appear to be that it cannot - a conciliation committee will be convened to broker a joint text.

    Work is also continuing on the proposal for a Directive to amend a Directive dating from 1983 on protection from the risks related to exposure to asbestos. The 3 June employment and social policy Council reached political agreement on a common position on the proposal, which seeks to introduce a single limit value for worker exposure instead of the current two limit values. The common position will be adopted formally at a forthcoming Council meeting, after which the text will be transferred to the EP for a second reading.

    Work is continuing on the Regulation on the statute for a European cooperative society and the accompanying Directive regulating worker involvement. This issue is being progressed following the formal adoption on 8 October 2001 of the Regulation for a European company statute and the accompanying Directive on worker involvement. At the 3 June 2002 employment and social affairs Council, ministers agreed on a general approach but, as there have been substantial amendments to the text since the EP's Opinion, given in January 1992, the Council decided to reconsult the EP.

    Progress has been made on the proposal for a Directive on the activities of institutions for occupational retirement provision. Following an EP first reading on 4 July 2001, the Council reached political agreement on a common position at the 4 June economic and monetary affairs Council. The common position will be formally adopted at a forthcoming Council meeting.

    Finally, the proposal to amend Directive 80/987/EEC on protection of employees in the case of the insolvency of the employer has made good progress. Following an EP Opinion given on 29 November 2001, the Council approved a common position on 18 February 2002. The text was then given back to the EP for a second reading, at which it made six amendments on 14 May 2002. The text is now awaiting a second reading from the Council - the Commission has already indicated that it can accept all the amendments in full. If the Council also accepts the amendments, the proposal is formally adopted. If not, the text will go into conciliation.

    No progress

    No progress has been made during the past six months on the proposal for a Regulation harmonising social legislation in road transport, issued by the Commission in October 2001. This proposal will update a Regulation which dates from 1985 and contains working time provisions which sit alongside those contained in the new Directive on the organisation of working time for mobile workers in road transport. It is expected that the EP will examine this issue during the second half of 2002.

    Prospects

    The second half of 2002 sees the Danish government taking over at the helm of the EU Council of Ministers. In the health and safety area, the next six months are likely to see progression of the third physical agents proposal - that concerning electromagnetic radiation.

    One area which is gaining momentum is that of the establishment of EU-level dispute resolution procedures and mechanisms. The Commission made reference to this in its five-year social policy action programme, issued in June 2000 (EC: New social policy agenda). In this document, it stated its intention to consult with the social partners on the need to establish such a mechanism at EU level. Since then, work has been progressing on this issue - a Commission-funded report giving details of existing dispute resolution mechanisms in EU member states was published earlier this year. The Commission is now thought to be working on the detail of its consultation paper to the social partners, which it is expected to issue in the near future.

    The Commission is also expected in the near future to issue a new proposal for the regulation of company takeover bids, including workforce consultation. The previous proposal lapsed in 2001 (EP rejects takeovers Directive) following rejection of a conciliated text on 4 July 2001. The Commission convened a high-level group to re-examine this issue in September 2001.

    Now that the European company statute has been formally adopted, work has begun in earnest on proposals for a statute for a European cooperative society, including a Directive on worker involvement. These instruments are expected to progress over the coming months.

    Finally, the proposal on working conditions for temporary workers is expected to begin its journey through the decision-making machinery of the EU during the latter half of 2002. This proposal clearly has a long way to go to final adoption, bearing in mind the controversial nature of its content and the different practices in existence across the EU. Once adopted, however, it will complete the process which began with the Commission's 1995 consultation of the social partners on the subject of atypical work.

    Social policy state of play

    Subject

    Legal base

    Current position

    Employment and remuneration


    Proposal for a Directive of the European Parliament and the Council on working conditions for temporary workers.


    Article 137(2)


    Commission launched first stage of social partner consultation on atypical work on 27 September 1995 and second stage from 18 April 1996 to 14 June 1996. Social partner talks resulted in two agreements: on part-time work and fixed-term contracts. UNICE announced on 3 May 2000 that it was willing to enter into talks on temporary work. Talks stalled in March 2001, reanimated in April, but failed definitively in May. Commission issued proposal for legislation on 20 March 2002 (EC: Commission issues temporary work proposal, EC: Temporary agency work proposal for text).


    Social partner talks on modernising and improving employment relations.


    Article 138


    First-stage social partner consultation launched by the Commission on 26 June 2000, focusing on telework and economically dependent workers. Second stage, focusing on telework, launched on 19 March 2001. Social partner negotiations (UNICE/UEAPME, ETUC and CEEP) opened on 12 October 2001, aiming to negotiate a voluntary accord. Second round held on 12 November. Voluntary agreement reached on 23 May 2002. To be formally signed by the negotiating parties.

    Improvement of living and working conditions


    * Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. OJ L80/35 on 23 March 2002.


    Articles 71 and 137(2)


    The social partners in road transport began talks on the regulation of working time in October 1997. However, negotiations broke down at the end of September 1998. On 18 November 1998, the Commission issued a proposal on the organisation of working time in this sector. ESC Opinion on 24-25 March 1999. Discussed by the 17-18 June and 6 October 1999 transport Councils. It was noted at the 9-10 December 1999 transport Council that the issue of whether to include independent lorry drivers still divided the delegations. Commission issued new suggestions in an effort to break the deadlock on 21 June 2000, but agreement not reached at 2 October transport Council. Amended proposal issued by the Commission on 10 November 2000 and political agreement reached on 22 December 2000 Council. Common position adopted on 23 March 2001. EP second reading amended the text on 14 June. Council could not accept all EP amendments so conciliation committee convened. Joint text issued on 17 December 2002 (EU Council: Conciliated text on working time in road transport). Text approved by EP on 5 February and by the Council on 18 February 2002 (Council: Working time Directive extended to road transport). Directive appeared in OJ on 23 March 2002.


    Proposal for a Regulation of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport. COM(2001) 573 final.


    Article 71


    Proposal issued by the Commission on 12 October 2001. Text will update existing Regulation, dating from 1985, and sit alongside the Directive on the organisation of working time for mobile workers in road transport.

    Information, consultation and participation


    Regulation on the Statute for a European Co-operative Society and a Directive supplementing the Statute for a European Co-operative Society with regard to the involvement of employees.


    Article 95 (Regulation) Article 94 (Directive)


    Original proposal issued by the Commission in 1992; ESC Opinion on 26 May 1992; EP Opinion on 20 January 1993. No progress. However, following agreement on the worker involvement provisions of the European Company Statute, reached in December 2000, the Swedish Presidency revived the dossier during the first half of 2001, containing a parallel text relating to worker involvement in a European Co-operative Society. Work has since been progressing. Social affairs Council 3 June 2002 (Council debates social issues) decided to reconsult the EP.


    * Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community. OJ L80/29 on 23 March 2002.


    Article 137(2)


    The Commission formally launched EU-level consultations with the social partners on 4 June 1997. The second round of consultations was issued on 5 November. On 16 March UNICE informed the Commission that it had decided not to try to negotiate a European-level agreement. UNICE reaffirmed this decision on 16 October 1998. Commission proposal for a Directive issued on 11 November 1998. EP Opinion on 13 April 1999. Discussed in social affairs Council of 27-28 November 2000. CoR Opinion on 13-14 December. Political agreement on a common position concerning a text revised by the Commission reached on 11 June 2001. Common position adopted on 23 July 2001. EP second reading on 22 October (European Parliament votes to amend information and consultation proposal). Council/EP conciliation committee text issued on 17 December (Agreement on information and consultation text). Text approved by EP on 5 February and by the Council on 18 February 2002 (Agreement on information and consultation text). Text published in OJ L80 on 23 March 2002.

    Equal treatment


    * European Parliament and Council Directive amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions. Yet to appear in the OJ.


    Article 141


    The Commission originally launched a first stage of consultations with the social partners on the issue of sexual harassment on 24 July 1996. Second stage launched on 20 March 1997, with no decision by the social partners to seek agreement. Commission issued a proposal to amend the 1976 equal treatment Directive to include the issue of sexual harassment on 7 June 2000. EP first reading on 31 May 2001. Political agreement on a common position reached at 11 June Council. Formal adoption of the common position on 23 July 2001. EP second reading on 24 October 2001. Not all amendments accepted. EP/Council conciliation committee issued joint text on 18 April 2002 (Parliament: Conciliation texts on equal treatment and vibration). Approved by the EP on 12 June and by the Council on 13 June 2002.

    Health protection and safety at the workplace


    * Council Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of article 16(1) of Directive 89/391/EEC). Yet to appear in the OJ.


    Article 137(2)


    Commission's original proposal issued in February 1993, dealing with four types of physical agents: noise; mechanical vibration; optical radiation; and electro-magnetic fields and waves. However, dormant since 1993, but revived by the 1999 German Presidency, which issued a revised text in January 1999, concentrating on vibration. Issue debated at May 1999 social affairs Council. Work continued under the Finnish Presidency, with a progress report given at the 29 November 1999 social affairs Council. Unanimous political agreement on a draft common position reached at 27-28 November 2000 social affairs Council. Text forwarded to the EP with a view to formal adoption of a common position at a later stage, under the co-decision procedure. Common position adopted on 25 June 2001. EP second reading on 23 October 2001. Not all amendments accepted so EP/Council conciliation committee convened. Joint text issued on 5 April 2002. Approved by EP on 25 April 2002 and by the Council on 21 May 2002.


    Proposal for a Directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work.


    Article 137(2)


    Proposal issued by the Commission on 20 July 2001. ESC Opinion on 20 February 2002, EP Opinion on 11 April 2002. Modified proposal issued by the Commission on 16 May 2002. Political agreement on a common position reached at 3 June 2002 Council.


    Proposal for a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of article 16(1) of Directive 89/391/EEC).


    Article 137(2)


    Commission's original proposal issued in February 1993, dealing with four types of physical agents: noise; mechanical vibration; optical radiation; and electro-magnetic fields and waves. ESC Opinion on 30 June 1993; EP Opinion on 20 April 1994. Text was split in 1999, with a proposal issued on vibration, and a second proposal issued on noise. Political agreement on a Council common position reached at 11 June Council. Formal adoption of common position on 29 October 2001. EP second reading on 13 March 2002. Commission and Council currently considering their response.

    Freedom of movement


    Proposal for a Directive of the European Parliament and of the Council on the activities of institutions for occupational retirement provision. COM(2000) 507 final.


    Articles 47(2), 55 and 95(1)


    Commission issued this proposal on 11 October 2000 as part of an action plan to create a single market in financial services by 2005. ESC Opinion on 28 March 2001. EP Opinion on 4 July 2001. Political agreement on a Council common position reached at Ecofin Council on 4 June 2002.


    Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No.1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community; and Council Regulation (EEC) No.574/72 laying down the procedure for implementing Regulation No.1408/71. COM(2000) 186 final.


    Articles 42 and 308


    Proposal issued by the Commission on 4 May 2000 in order to update the Regulation following amendments to national social security legislation. Social affairs Council 27-28 November 2000 took note of progress on this dossier. EP first reading on 15 February 2001. Employment and social policy Council 3 June 2002 noted progress to date.


    First stage of social partner consultations on portability of supplementary pension provision.


    Article 138


    Commission launched the first stage of social partner consultations on the issue of the portability of supplementary pensions on 12 June 2002 (Commission: Pensions consultation) as part of efforts to reduce obstacles to the freedom of movement of workers within the EU.

    Protection of employees


    Proposal for a Directive of the European Parliament and of the Council, amending Directive 80/987/EEC on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer. COM(2002) 0265.


    Article 137(2)


    Proposal issued by the Commission on 15 January 2001. ESC Opinion given on 30 May 2001. EP Opinion on 29 November 2001. The Council approved a common position on 18 February 2002. EP second reading, at which it made six amendments, on 14 May 2002. Now awaiting a second reading from the Council. Approval likely.

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