EU: Social policy state of play, July 2009
Under the Czech EU Presidency, the first half of 2009 saw the adoption of two Directives on labour migration from outside the EU, and the signature by the European-level social partners of an accord revising their 1995 agreement on parental leave. However, attempts to revise the Working Time Directive broke down irretrievably.
On this page:
Adoption
New proposals
Discussions and amended proposals
Consultations
No progress
Prospects
Table: Social policy state of play.
Key points
|
The state-of-play table below lists all important "live" items of draft EU social policy legislation of general interest to our readers that are currently in the legislative pipeline. It does not include those measures that were adopted prior to our most recent table. It shows only those proposals that have yet to be adopted, or that have been adopted since the previous table. Proposals that have become dormant (defined here as not having been discussed in the Council of the European Union, or subject to any other significant movement, for more than two years) are not included.
For each proposal, the table provides the following information, as at 25 June 2009:
- the full title of the proposal;
- a reference to the issue of the Official Journal (OJ) of the European Union (available on the Europa website) in which the proposal (and any subsequent revised versions) or adopted text was published. Laws appear in the Legislative ("L") series, while other instruments and proposals appear in the Communications ("C") series. Where proposals have not appeared in the OJ, the "COM" number of the document is given, where relevant;
- where appropriate, or available, the article of the Treaty establishing the European Community (TEC) on which the proposal is based; and
- where relevant, the dates of the proposal's submission to the Council of the European Union, the opinions issued on the proposal by the European Parliament (EP), the Committee of the Regions (CoR) and the European Economic and Social Committee (EESC), the submission of an amended proposal to the Council, and any Council decisions or debates, as well as the dates of the formal consultation of the social partners, where relevant. Adopted proposals and formally signed agreements are identified with an asterisk.
One item of legislation listed as adopted in our most recent table had not at the time been published in the OJ, but has appeared since. Directive 2009/38/EC of the Parliament and of the Council on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (recast) was formally adopted on 6 May 2009. It was published in OJ L122 of 16 May 2009 and came into force on 5 June. Member states must implement the Directive by 5 June 2011, whereupon the existing EWCs Directive (94/45/EC, as amended by Directives 97/74/EC and 2006/109/EC) will be repealed.
Adoption
The first half of 2009 saw the adoption of two Directives on the employment of workers from outside the EU, which form part of the EU's common immigration policy. These Directives cover:
- Sanctions against employers of illegally staying third-country nationals. The Directive prohibits the employment of non-EU ("third-country") nationals who are staying illegally in the EU and lays down minimum common standards for sanctions against employers that breach this prohibition. After the Directive is published in the OJ (which should occur soon), member states will have two years to implement it.
- Conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. The Directive creates a fast-track procedure, based on common EU-wide criteria, whereby highly qualified applicants from outside the EU may receive a special residence and work permit, known as the "EU blue card". This will facilitate their access to the labour market and entitle them to a set of employment and "socioeconomic" rights, and to favourable conditions for family reunification and movement within the EU. Again, the member states will have two years to implement the Directive after its forthcoming publication in the OJ.
The UK and Ireland have a form of opt-out from the common immigration policy, enabling them to decide on a case-by-case basis whether or not they want to be covered by the Directives concerned. Both countries have decided not to opt in to the two new Directives and are not bound by them. Denmark also has a general opt-out in this area and is not covered by the Directives.
One item of legislation not included in our table because of its purely sector-specific scope was adopted in the first half of 2009. On 16 February, the Council adopted a Directive that implements a May 2008 agreement between the European Transport Workers' Federation (ETF) and the European Community Shipowners' Association (ECSA) on incorporating the 2006 International Labour Organisation (ILO) Maritime Labour Convention into EU law. The Convention sets minimum requirements for seafarers' conditions of employment and seeks to provide a "comprehensive labour charter" for them. In line with the 2008 agreement, the new Directive also amends Directive 1999/63/EC, which implemented a 1998 accord between ECSA and ETF on the organisation of seafarers' working time, to ensure that it is consistent with the Convention. The new Directive (2009/13/EC) was published in OJ L124 of 20 May 2009. It will come into force when the ILO Convention does, which is 12 months after at least 30 ILO member countries, representing at least 33% of world gross shipping tonnage, ratify the Convention. The Directive must be implemented by the EU member states one year after it comes into force
On 18 June, the EU-level social partners adopted an agreement amending their 1995 European framework agreement on parental leave, which was implemented by EU Directive 96/34/EC. The new agreement - see Consultations - should also be given legal force by a Directive.
New proposals
No significant new legislation in the employment field was proposed in the first six months of 2009.
Discussions and amended proposals
The most high-profile EU social policy development of the first half of the year was undoubtedly the demise of the draft Directive revising the Working Time Directive (that is, the Directive concerning certain aspects of the organisation of working time, originally adopted in 1993 and now consolidated in Directive 2003/88/EC). After nearly five years of debate and controversy, the European Parliament and the Council of the EU proved unable to bridge their differences.
Following the Parliament's rejection in December 2008 of a deal agreed (with great difficulty) among national governments in the Council, the final chance of progress was the convening of a conciliation committee involving the two institutions. Since the current co-decision procedure for EU law-making was introduced in 1999, conciliation had never failed to produce a workable compromise. However, the disagreements on revision of the Working Time Directive proved too intractable and the conciliation process broke down in late April 2009. Three key issues divided the two sides:
- the current option for member states not to apply the Directive's maximum average weekly working time of 48 hours if a worker agrees to this individually. The Council wanted to retain the individual "opt-out", although subjecting it to more stringent restrictions, while the Parliament wanted its abolition by a fixed deadline; and
- the treatment of "on-call work", after the European Court of Justice (ECJ) ruled (in the Simap and Jaeger cases) that it should be considered as working time. The Parliament called for all on-call time to be treated as working time, and the Council argued that "inactive" on-call time (periods during which workers are obliged to be available at the workplace but are not required by the employer to carry out their activity or duties) should not necessarily be included in the calculation of working time; and
- the working time of workers with more than one employment contract. The Council wanted maximum working time to be calculated per contract, while the Parliament was in favour of calculating it per worker (ie adding together hours worked under all contracts).
The draft amending Directive has now lapsed and the current Directive remains in force. It is now up to the Commission to decide whether or not to issue a new draft Directive, not least to resolve the uncertainty caused by the ECJ's rulings on on-call work, which imply that all on-call time should be treated as working time. The Commission has not yet revealed its plans, and it is possible that the issue will be deferred until after a new Commission takes office in November 2009. Another significant consideration will be whether or not the Parliament elections in June (in which, broadly speaking, the centre-right gained ground and the Socialists lost support) have led to a shift in the majority position on the Directive.
The draft Directive amending the Pregnant Workers Directive (Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding), issued in October 2008, has also proved contentious. The main changes proposed by the Commission include an increase in the minimum period of maternity leave, from 14 weeks to 18 weeks, with the compulsory period of leave rising from two to six weeks, to be taken after childbirth. Women on maternity leave would receive full pay, although member states could subject this to a ceiling (but no lower than the rate of sick pay). Women on maternity leave would have a right to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them, and to request changes to their working hours and patterns.
Preliminary discussions on the draft in the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council during 2009 have revealed a degree of consensus, particularly on the proposed extension of minimum maternity leave entitlement. However, the European Parliament is sharply divided. Its Committee on Women's Rights and Gender Equality proposed that the Parliament should call, at first reading, for a strengthening of the Commission's proposal, notably to extend the minimum maternity leave to 20 weeks, with at least six weeks on full pay and the remainder on 85% of normal pay. The centre-right and liberal groupings of MEPs opposed the committee's report, which was due to be voted on in May, and succeeded in postponing the scheduled vote and referring the report back to the committee. The first reading of the draft Directive has thus been postponed until the autumn at least. Again, an important factor in future developments may be the composition of the Parliament and the Committee on Women's Rights and Gender Equality after the June elections.
Another equality-related draft Directive has made better progress in 2009. The proposed Directive on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity (which would repeal Directive 86/613/EEC on the same issue) has passed first-reading stage in the Parliament and work is under way in the ESPCO Council. The Directive would: give female self-employed workers and the "assisting spouses" (including life partners, as recognised by national law) of the self-employed the same maternity leave entitlement as provided for employees under the Pregnant Workers Directive; and entitle assisting spouses (and life partners) to join the same social security scheme as self-employed workers, under the same conditions.
The proposed Council Regulation on a statute for a European Private Company has also been moving through the legislative process. This measure would create a new form of company that gives small and medium-sized firms and privately owned companies the same possibilities to operate on a Europe-wide basis as the European Company Statute gives public limited liability companies. The draft Regulation relates principally to company law but is included in our table because it also deals with the issue of employee participation. The proposal includes the general principle that European Private Companies would be subject to the employee participation rules of the member state where they have their registered office, although with special provisions where a European Private Company transfers its registered office to another member state. At first-reading stage in March, the European Parliament proposed a strengthening of the employee participation requirements, and participation is an important point in continuing discussions on the draft in the Competitiveness Council.
In the field of immigration policy, following the recent adoption of the "blue card" and sanctions Directives (see Adoption), a third Directive was nearing adoption by the Council in June 2009. This is the proposal on a uniform application procedure for migrants wanting to work and live in the EU.
One sector-specific proposal not included in our table is a draft Directive, issued in October 2008, amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities. The main aim is to enhance the clarity and enforceability of the current Directive by providing a more precise definition of mobile workers, notably ensuring that it covers "false" self-employed drivers - those who are officially self-employed but in fact are not free to organise their work activities. Genuinely self-employed drivers would still not be covered by the Directive. The Parliament, which favours the full inclusion of self-employed drivers, decided in May 2009 to delay its first reading to express its opposition to the proposal. The Council, which discussed the proposal in March, is in favour of leaving it up to individual member states whether to apply the 2002 Directive to the self-employed.
Outside the strictly defined field of employment law, there has been movement on the draft Directive on "implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation". The Directive would extend the scope of Directive 2000/78/EC, which established a general framework for equal treatment in employment and occupation, beyond the workplace. It would provide for equal treatment in the areas of social protection (including social security and healthcare), education, and access to, and supply of, goods and services that are commercially available to the public, including housing. The EP gave the measure a first reading in April 2009, and the EPSCO Council is seeking a common position although it seems that much work needs to be done to reach a consensus.
As part of a legislative simplification initiative, the Commission is seeking to codify and consolidate in single instruments a number of Directives and their subsequent amendments, although with no changes of substance. As they lack substantive content, these draft Directives are not included in our state-of-play table. One of the proposals, on minimum safety and health requirements for the use of work equipment by workers at work (codifying Directive 89/655/EEC, as amended by Directives 95/63/EC and 2001/45/EC), has now been agreed by the Parliament and Council and is awaiting formal adoption.
Consultations
Under art.138 of the TEC, before submitting proposals in the social policy field, the Commission consults the EU-level social partners on the possible direction of EU action. Then, if the Commission considers EU action advisable, it consults a second time, on the content of the envisaged proposal. At that stage, the social partners may (under art.139) seek to negotiate a European-level agreement on the issue in question, which may substitute for EU legislation.
At central, "cross-industry" level, the social partners are: the European Trade Union Confederation (ETUC), plus the Eurocadres/CEC liaison committee, which represents managerial and professional staff unions; BusinessEurope (private sector employers); Ueapme (small and medium-sized enterprises); and Ceep (public sector employers).
The most significant social dialogue development of the first half of 2009 was the signature by the cross-industry social partners in June of an agreement revising their December 1995 framework agreement on parental leave. The 1995 accord was the first European-level cross-industry agreement to be signed and was (at the social partners' request) implemented by an EU Directive (96/34/EC). As part of a consultation in 2006 and 2007 on improving the reconciliation of work, private and family life (which also led to the draft Directive amending the Pregnant Workers Directive), the Commission encouraged the social partners to review and, if appropriate, update their agreement on parental leave. The partners launched formal art.138 negotiations on amending the agreement, and these negotiations concluded successfully on 18 June.
The social partners have asked that their new agreement should be implemented by a Council Directive, and the Commission will now issue a proposal for such a Directive in the near future.
The revised parental leave accord is the first formal agreement signed by the cross-industry social partners since their June 2007 agreement on harassment and violence at work. It will also be their first agreement to be given legal force by a Directive since their 1999 agreement on fixed-term work (implemented by Directive 1999/70/EC). More recent agreements - on telework, work-related stress and harassment/violence - have been implemented "autonomously" by the signatories' national member organisations.
Following consultations in 2006-07, the cross-industry social partners are continuing negotiations over a European agreement on "inclusive labour markets", aimed at "facilitating access to and progression in the labour market for disadvantaged groups through a series of preventive and curative measures, including lifelong learning". If an agreement is reached, it will be implemented autonomously.
Turning to a sector-specific issue (not included in the table), as a response to consultations held in 2006 on protecting healthcare workers from blood-borne infections due to needlestick injuries, the EU-level social partners in the hospitals and healthcare sector decided in 2008 to seek an art.139 agreement on the prevention of "sharp injuries" in their sector. The negotiations between the European Hospital and Healthcare Employers' Association (Hospeem) and the European Federation of Public Service Unions (EPSU) led to a draft agreement in June 2009, which is now being finalised with a view to rapid formal adoption.
One significant new cross-industry first-stage consultation has been launched since our previous state-of-play table. This ran from December 2008 to February 2009 and related to the protection of workers from exposure to environmental tobacco smoke at the workplace. Among the options for EU action floated by the Commission is an EU legislative instrument that establishes comprehensive protection for all workers, by either: including environmental tobacco smoke within the scope of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work; or adopting a specific Directive requiring employers to protect workers by prohibiting smoking in the workplace. In their responses, EU-level employer organisations opposed such binding legislation while trade union supported it. A second-stage consultation is now awaited.
Following a first stage in 2007, consultations are in the second stage with regard to a sector-specific issue - the current exclusion of maritime workers from some areas of EU employment law. In its second consultation document, sent to the social partners in April 2009, the Commission seeks views on proposals to extend the protection of a number of Directives to maritime workers.
A number of two-round consultation exercises have been completed over the past few years without resulting in cross-industry social partner negotiations or, so far, any proposals for EU legislation. These include consultations on:
- "socially intelligent" corporate restructuring (2004 and 2005);
- improving workers' protection against musculoskeletal disorders (2004 and 2007); and
- protecting workers from the risks related to exposure to carcinogens, mutagens and "substances toxic for reproduction" at work (2004 and 2007).
A draft Directive on musculoskeletal disorders is included in the Commission's 2009 work programme, but has yet to appear, while renewed activity on restructuring seems to be imminent. Following a first stage in 2007, consultations have not yet moved onto the second stage with regard to cross-border transfers of undertakings.
No progress
Work on the draft Directive on the portability of supplementary pension rights seems to have come to a standstill. The EPSCO Council appeared to be approaching political agreement on a common position in the second half of 2007, but has not discussed the proposal publicly since June 2008. The draft deals with the acquisition and preservation of pension rights, and enhanced information for workers, and the main point of disagreement in Council is the maximum permissible duration of the "vesting period" (the period of active membership of an employment-related pension scheme required in order to trigger entitlement to a supplementary pension).
A Commission proposal for a codified Directive on the protection of workers from the risks related to exposure to asbestos at work (codifying Directive 83/477/EEC, as amended by Directives 91/382/EEC, 98/24/EC and 2003/18/EC) has lapsed.
Prospects
In employment law terms, the Czech Presidency of the first half of 2009 was notable mainly for the demise of the draft Directive amending the Working Time Directive, an unprecedented failure in EU decision-making in this area. However, the Directives on the EU "blue card" and on sanctions against employers of illegal immigrants, and on implementing the ILO Maritime Labour Convention were successfully adopted. Some progress was also made on the draft Directives amending the Pregnant Workers Directive, on equal treatment between self-employed women and men, and on a uniform application procedure for non-EU migrant workers and on the draft Regulation on the European Private Company. The Presidency did not, it appears, attempt to break the impasse on the draft Directive on supplementary pension rights.
The Swedish Government took over the EU Presidency on 1 July for six months. It plans to work towards adoption of the proposal to amend the Pregnant Workers Directive (while awaiting the European Parliament's delayed first reading) and the draft Directive on equal treatment in self-employment. Progress can also be expected towards final decisions on the European Private Company and the EU-wide application procedure for non-EU migrant workers.
There seems little prospect of important new proposals for employment law Directives in the remainder of the year. The Commission will propose a Directive to implement the social partners' revised European agreement on parental leave, and is scheduled to issue a draft Directive that consolidates in a single instrument existing provisions on the protection of workers from the risks of musculoskeletal disorders at work. The Commission was due to propose a Directive amending the 2001 Directive on transfers of undertakings in 2008, but has still not conducted a second-stage social partner consultation on the issue and the initiative seems to have been shelved for now. The same appears to be true of two further planned Directives on labour migration from outside the EU, covering seasonal workers and "intra-corporate transferees"/remunerated trainees.
The dearth of new legislative proposals partly reflects the fact that the current Commission is coming to the end of its term. Once the new Commission takes office in November 2009, it is possible that it will make progress on several of the delayed proposals mentioned above. The composition of the incoming Commission is not yet known, which makes it impossible to predict at this stage if it will take an active and interventionist approach to employment law matters. The current Commission has not indicated whether or not it will propose a new Directive amending the Working Time Directive, following the failure of the previous proposal. This is another issue that may be deferred until after November.
Having revised their 1995 parental leave agreement in June 2009, the cross-industry EU-level social partner organisations are still negotiating over an accord on inclusive labour markets. A second-stage consultation on workers' protection from environmental tobacco is awaited and could potentially lead to negotiations over a European agreement on the issue, although the differing views so far expressed by the social partners suggest that is unlikely. With regard to their own independent dialogue (that is, not triggered by Commission consultations), the social partners' 2009-10 work programme does not include plans for the negotiation of any new agreements, with the most substantial instrument to be discussed being a joint "framework of actions" on employment.
This article was written by Mark Carley, editor of European Employment Review.
Table: Social policy state of play |
||
In this table: Employment and remuneration |
||
|
Subject |
Legal base |
Current position |
Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time. COM(2004) 0607; amended proposal COM(2005) 0246. |
Art.137(2). Co-decision procedure. |
First Commission consultation on implementation and possible review of 1993 Working Time Directive ran from 5 January to 31 March 2004. Second consultation launched on 19 May. Social partners decided not to negotiate an agreement and Commission issued a draft Directive on 22 September, focusing on opt-out from maximum 48-hour week, reference periods, compensatory rest and on-call working. Discussed in EPSCO Council on 4 October and 6-7 December. CoR Opinion on 14 April 2005. EESC Opinion on 11-12 May. EP first reading on 11 May, recommending revision and eventual repeal of opt-out. Commission issued amended proposal on 31 May. Successive Presidency compromise texts discussed by EPSCO Council on 2-3 June, 8-9 December, 1-2 June 2006 and 7 November, without agreement. Portuguese Presidency drafted new compromise text, which was discussed in Council on 5 December 2007, with considerable consensus but not unanimous agreement. Slovenian Presidency further revised text and EPSCO Council reached political agreement on common position on 9-10 June 2008, which was formally adopted on 15 September. EP gave proposal second reading on 17 December, amending Council common position on key points, including opt-out. EPSCO Council informed of EP's vote on 17 December, noting points of disagreement, and held informal discussion on 22-23 January 2009, before deciding formally not to approve all the EP's amendments on 9 March. An EP-Council conciliation committee was convened, but conciliation failed in April and the proposed amending Directive has now lapsed. Commission now considering next step. |
Subject |
Legal base |
Current position |
* Revised EU-level social partner framework agreement on parental leave.
|
Art.138. |
Commission launched first-stage consultation on reconciliation of professional, private and family life on 12 October 2006, seeking social partners' views on possible direction of future EU action. Commission launched second social partner consultation on content of action on 30 May 2007, focusing on: new rights to paternity leave, adoption leave and leave to care for family members; strengthening the 1992 Pregnant Workers Directive (92/85/EEC); and strengthening the social partners' 1995 EU-level agreement on parental leave. On 11 July, social partners told the Commission that they would evaluate their parental leave agreement, along with other arrangements supporting parents and work-life balance. In March 2008, the partners announced that they would "undertake joint action to better achieve the aims" of the parental leave agreement. In July 2008, they confirmed that this would involve formal negotiations under art.138, starting in September 2008. The talks were not to address maternity leave and the Commission therefore proposed a Directive amending the Pregnant Workers Directive in October (see below). As part of their joint work, the social partners sent a joint letter to the Commission in July, calling for renewed efforts to provide more and better childcare. On 18 June 2009, social partners signed a revised version of the parental leave agreement, which is to be implemented by a Council Directive. |
Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. COM(2008) 637 final. |
Arts.137(2) and 141(3). Co-decision procedure. |
Following consultations on reconciliation of professional, private and family life (see above), Commission issued draft Directive amending Directive 92/85/EEC on 3 October 2008. Proposals include increasing the minimum period of maternity leave from 14 to 18 weeks and giving women on leave entitlement to full pay (though member states could subject this to a ceiling). EPSCO Council informed of progress on 17 December and held preliminary discussions on 9 March 2009. EP first reading scheduled for 6 May 2009 but postponed, probably until the autumn, with draft report referred back to Parliamentary Committee on Women's Rights and Gender Equality. EESC Opinion on 13 May. EPSCO Council on 8-9 June heard progress report and called for work on proposal to continue. |
Proposal for a Directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC. COM(2008)636 final. |
Art.141(3). Co-decision procedure. |
Commission launched first stage of consultation on 6 March 2008, asking social partners for their views on amending and strengthening Directive 86/613/EEC on equal treatment for male and female self-employed people. On 3 October, it issued a draft Directive replacing and repealing Directive 86/613/EEC. Proposals included giving female self-employed workers and the "assisting spouses" (including life partners) of the self-employed the same maternity leave entitlement as provided for employees under the 1992 Pregnant Workers Directive. EPSCO Council informed of progress of discussions on 17 December. EESC Opinion on 24 March 2009. EP first reading on 6 May, with amendments proposed. EPSCO Council on 8-9 June heard progress report and called for work on proposal to continue. |
Subject |
Legal base |
Current position |
Consultation of the EU-level social partners on cross-border transfers of undertakings, businesses or parts of undertakings or businesses. |
Art.138. |
Commission launched first stage of consultation on 20 June 2007, asking the social partners for their views on possible action, such as amending Directive 2001/23/EC on business transfers, in order to deal with the issue of cross-border transfers involving a change in the place of work. Commission announced plans to propose a Directive amending Directive 2001/23/EC during 2008, following a second-stage consultation, but the consultation has yet to occur. |
Consultation of the EU-level social partners on the active inclusion of the people furthest from the labour market. COM(2007) 620 final (second consultation). |
Art.138. |
Commission launched first stage of consultation on 8 February 2006, asking the social partners for their views on possible EU-level action to promote more effective integration of people excluded from the labour market. Second stage of consultation launched on 17 October 2007, proposing EU-wide common rules on active inclusion. In March 2008, social partners announced negotiations over a European agreement on facilitating access to and progression in the labour market for disadvantaged groups. No agreement yet reached, and talks scheduled to continue under partners' 2009-10 work programme. |
Subject |
Legal base |
Current position |
Proposal for a Council Regulation on the statute for a European Private Company. COM(2008) 396 final. |
Art.308. Consultation procedure. |
Commission issued draft Directive on 25 June 2008, following social partner consultations. The proposal, which would create a uniform company form that small and medium-sized firms could use to operate across the EU, includes provisions on employee participation arrangements. Discussed in Competitiveness Council on 1 December. EP first reading on 10 March 2009, proposing amendments, including a strengthening of the employee participation requirements. Competitiveness Council heard progress report on 28-29 May, with discussions based on a Czech Presidency compromise text. Employee participation is a key issue in debate. |
Subject |
Legal base |
Current position |
Consultation of the EU-level social partners on musculoskeletal disorders at work. |
Art.138. |
Commission launched first consultation of social partners on 12 November 2004, seeking views on whether further initiatives are needed. Social partners in agriculture sector reached agreement on reduction of workers' exposure to risk of musculoskeletal disorders on 21 November 2005, partly in response to consultation. Second consultation launched on 14 March 2007 and ended in late April. The Commission is planning to propose in 2009 a single Directive incorporating existing provisions on musculoskeletal disorders at work (currently found in Directives 90/269/EEC and 90/270/EEC). |
Consultation of the EU-level social partners on the protection of workers from risks related to exposure to environmental tobacco smoke at the workplace. |
Art.138 |
Commission launched first consultation of social partners on 19 December 2008, seeking views on whether EU action is needed. It set out options for both binding and non-binding initiatives on workplace environmental tobacco smoke, including a possible Directive prohibiting smoking at work. Consultation ended in February 2009. In their responses, BusinessEurope opposed new EU legislation and ETUC supported the idea. |
Subject |
Legal base |
Current position |
Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights. COM(2005) 0507; amended proposal COM(2007) 603 final. |
Arts.42 and 94. Co-decision procedure. |
Commission launched first stage of social partner consultations on 12 June 2002 as part of efforts to reduce obstacles to free movement of workers within EU. Second stage launched on 15 September 2003. Social partners' views diverged on need for negotiations and Commission therefore issued draft Directive on 20 October 2005. EESC Opinion on 20-21 April 2006. Discussed at EPSCO Council on 1-2 June 2006 and 30 November-1 December. At Council on 30-31 May 2007, no agreement on a "general approach" could be reached and it was decided to await the EP first reading and a subsequent amended Commission proposal. EP gave first reading on 20 June. Commission issued amended proposal on 9 October, dropping provisions on transferability of pension rights. Political agreement on common position discussed in EPSCO Council on 5 December, with agreement on all issues except vesting periods. EPSCO Council on 9-10 June 2008 informed that negotiations were continuing. No public Council discussions since. |
Subject |
Legal base |
Current position |
* Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals. Yet to appear in the OJ. |
Art.63(3)(b). Co-decision procedure. |
Commission issued a draft Directive on 16 May 2007. It aims to ensure that all member states introduce similar penalties for employers of illegal immigrants and enforce them effectively, with the goal of preventing the employment of such workers and discouraging illegal immigration into the EU. Discussed in Justice and Home Affairs Council on 12 June, 5 December and 24-25 July 2008. EESC Opinion on 12 March 2008. CoR Opinion on 18 June. EP first reading on 19 February 2009. Council adoption on 25 May. |
Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a member state and on a common set of rights for third-country workers legally residing in a member state. COM (2007) 638 final. |
Art.63(3)(a). Consultation procedure.
|
Commission issued a draft Directive on 23 October 2007. It aims to: simplify and streamline procedures for all non-EU workers wanting to live and work in the EU by providing a "one-stop shop" system; and grant all third-country workers residing legally in the member states a common set of employment-related rights, comparable with those of EU nationals. Discussed in justice and home affairs council on 5 December. CoR Opinion on 18 June 2008. EESC Opinion on 9 July. EP first reading on 20 November, proposing various amendments. Justice and Home Affairs Council reached broad agreement on 27-28 November, but with some issues unresolved. Czech Presidency drew up a new compromise text, which was debated by Justice and Home Affairs Council on 6 April 2009, with agreement to continue talks with a view to adoption as soon as possible. |
* Council Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Yet to appear in the OJ. |
Art.63(3)(a) and (4). Consultation procedure.
|
Commission issued a draft Directive on 23 October 2007. It proposed a "fast-track" procedure for the admission of highly qualified non-EU workers, based on common criteria, with successful applicants awarded a special residence and work permit, known as the "EU blue card". Discussed in Justice and Home Affairs Council on 5 December, 24-25 July 2008 and 25 September, when all Governments supported a compromise text. CoR Opinion on 18 June 2008. EESC Opinion on 9 July. EP first reading on 20 November, proposing various amendments. Directive adopted by Council on 25 May 2009. |
|
* = adopted proposals and formally signed agreements. | ||
European Employment Review 426 (EER 426) contents
