# EUR-Lex - 52013PC0740 - EN

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# 52013PC0740

**Proposal for a COUNCIL DECISION on a Tripartite Social Summit for Growth and Employment /* COM/2013/0740 final - 2013/0361 (APP) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

BACKGROUND

The Tripartite Social Summit
for Growth and Employment (TSS) was set up by Council Decision of 6 March 2003
(2003/174/EC), which formalised the practice of holding high-level, informal
meetings since 1997 in the framework of the European Employment Strategy, and
subsequently the Lisbon Strategy. The Commission proposed the 2003 Decision in
order to institutionalise the practice of high-level consultation between the
EU institutions and the EU social partners. The proposal meant abolishing the
former Standing Committee on Employment, which was set up in 1970 and reformed
in 1999, but which proved too heavy to be an appropriate forum for EU
consultation with social partners — in particular in view of enlargement and at
that time the prospect of an EU 27 format. It was also too narrow in scope to
enable the social partners to be involved in the EU employment strategy and the
EU integrated economic and social strategy resulting from the Amsterdam Treaty
and the 2000 Lisbon European Council.

Since 2003, the TSS has been a separate event
from the European Council meetings and has broadly fulfilled its aim of
facilitating the exchange of views at the highest level between the Commission,
the EU Presidency and the EU social partners on employment and social aspects
of the Lisbon Strategy (since 2010, and then of the Europe 2020 Strategy).
Until the Lisbon Treaty entered into force, the meetings were co-chaired by the
Council Presidency and the President of the Commission. The 2003 Decision also
gave a role to the two subsequent Presidencies.

In its Communication (COM(2013)690) of 2 October
2013 on the social dimension of the EMU, the Commission announced that it will
present a proposal to revise the 2003 Council Decision.

WHY DOES THE DECISION NEED TO BE REVISED?

The Lisbon Treaty brought in significant institutional
changes, which justify revising the 2003 Council Decision:

– 
It institutionalised the European Council and created
the role of President of the European Council (Article 15 TEU);

– 
It recognised the role of the TSS as part of the
EU social dialogue (Article 152 TFEU);

– 
It repealed Article 202 ECT, which was the legal
basis used to adopt the 2003 Decision (the functions of the Council are now
laid out in Article 16 TEU and the principles for comitology are in Articles
290 and 291 TFEU).

Following the institutional change brought in by the Lisbon Treaty to
create the function of President of the European Council, the 2003 Council
Decision establishing the Tripartite Social Summit needs to be revised. To maintain
the logic of the Treaty and of the TSS institutional setting, the role and
responsibilities that the 2003 Council Decision attributed to the rotating
Presidency of the Council should be transferred to the newly created function
of President of the European Council.

In addition, the overall policy framework needs to be revised,
replacing the Lisbon Strategy with the Europe 2020 Strategy and specifying how
the TSS for Growth and Employment contributes to the overall governance.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

A formal consultation of the social
partners is not required, given the legal basis chosen (see below), but the EU cross-industry social partners were informally consulted on
the main thrust of this revision. There was broad support for the idea of a
limited/technical revision to make the technical changes needed as a result of the
institutional changes brought in by the Treaty of Lisbon.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

LEGAL BASIS

The legal basis for adoption of the Council
Decision should be Article 352 TFEU.

INTER-INSTITUTIONAL ASPECTS OF THE
REVISION

A specific aspect of the revision concerns the representation of the
Council. Under the current format of TSS meetings, the Council Presidency and
the two subsequent presidencies participate.

Specifically, the current practice in force since 2010 involves the
following arrangements:

– 
the official invitations are signed by the
President of the European Council, the President of the Commission and the Head
of State or Government of the Member State holding the Presidency of the EU;

– 
the meeting is co-chaired by the President of
the Commission and the President of the European Council, who open it and present
the conclusions respectively. The Head of State or Government of the Member
State holding the Presidency takes the floor once during the meeting;

– 
the Council Presidency and the two subsequent
presidencies participate at the level of Heads of State or Government and of ministers
for employment.

One could argue, in the light of a legally strict interpretation of
Article 15 TEU, that continuity of the Council participation could be provided
by the participation of the President of the European Council only. Hence there
is no longer a need for the three successive presidencies to participate.

But given the positive experience with this format followed since
2010, and the consensus developed around it, the Commission favours a pragmatic
solution, building on existing practice. This means that the participation of
the three successive presidencies, at the level of Heads of State or Government
and at the level of ministers for employment, is still justified on the grounds
of continuity of the Council’s tasks under the responsibility of the rotating
presidencies.

FREQUENCY

The current Council Decision provides that the TSS should meet at
least once a year before the spring European Council. In practice, the TSS has
met twice a year, with the interactive involvement of the rotating presidencies
since 2003, before the spring and the autumn meetings of the European Council.

The Commission considers that, once again, experience with current
practice has been positive and that the need for an efficient and visible high-level
concertation between the EU institutions and the EU social partners justifies holding
two meetings of the TSS every year. The revision confirms the practice of TSS
meetings ahead of the spring and autumn meetings of the European Council.

4.           BUDGETARY IMPLICATION

N/A

5.           OPTIONAL ELEMENTS

ARGUMENTS IN FAVOUR OF A LIMITED/LIGHT REVISION

The Commission does not intend at this stage to use the opportunity
of this revision to carry out a profound review of the functioning of the
Tripartite Social Summit. The Summit has always been considered by the social
partners as a privileged forum to discuss social and employment issues at the
highest level, ahead of the Spring and Autumn European Council, in the presence
of Heads of State or Government and ministers of employment and social affairs
of the rotating presidencies. It also provides an opportunity for the
representatives of EU institutions attending the TSS to hear the views and
proposals from both sides of the social dialogue spectrum, enabling them to pass
on these views subsequently to European Council members.

The Commission favours a proposal that adapts the current Decision to the institutional changes brought in
by the Treaty of Lisbon, while reflecting the positive results of recent
practical experience with the TSS. A few editing adjustments are also
introduced to improve the technical quality of the text. This will ensure a swift revision process.

2013/0361 (APP)

Proposal for a

COUNCIL DECISION

on a Tripartite Social Summit for Growth
and Employment

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
functioning of the European Union, and in particular Article 352,

Having regard to the proposal from the
Commission,

Having regard to the consent of the
European Parliament[1],

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with a special
legislative procedure,

Whereas:

(1)       Article 3 TEU provides
that one of the objectives of the European Union is to develop a highly
competitive social market economy, aiming at full employment and social
progress

(2)       In defining and
implementing its policies and activities, the Union must take into account
their social dimension, specifically the requirements linked to the promotion
of a high level of employment, the guarantee of adequate social protection, the
fight against social exclusion, and a high level of education, training and
protection of human health, in line with Article 9 TFEU.

(3)       The Union recognises and
promotes the role of the social partners at its level and facilitates dialogue
between them while respecting their autonomy, in line with Article 152 TFEU.

(4)       To promote a high-level
concertation with EU social partners on the overall strategy set up by the
Lisbon European Council of 23 and 24 March 2000, the Union has established a
Tripartite Social Summit for Growth and Employment, which is now recognised in Article
152 TFEU as an integral component of social dialogue at EU level.

(5)       The Union and the Member
States are committed to cooperate within the framework of an integrated
strategy designed to boost the EU’s potential for growth and jobs over the
decade 2010-2020, the Europe 2020 Strategy. It aims at increased coordination between
national and European policies.

(6)       The Union has recognised
the need to enhance the social partners’ ownership and involvement in the
Europe 2020 Strategy to enable the social partners to actively contribute to
implementation of the strategy objectives.

(7)       Regulation 1175/2011 on
the strengthening of the surveillance of budgetary positions and the
surveillance and coordination of economic policies underlines that social
partners shall be involved within the framework of the European Semester, on
the main policy issues where appropriate, in accordance with the provisions of
the TFUE and national legal and political arrangements.

(8)       In its conclusions of 28
June 2013, the European Council noted that the social dimension of the EMU
should be strengthened and highlighted in this context the key role of the
social partners and social dialogue. Accordingly, the Commission in its
Communication (COM(2013)690) of 2 October 2013 on the social dimension of the
EMU, addressed the issue of promoting social dialogue at national and EU levels
and announced a proposal to revise the 2003 Council Decision.

(9)       Since it was set up by
Council Decision in 2003, the Tripartite Social Summit has fulfilled its key
role to enable high-level concertation. It has contributed positively to the
development of social dialogue at EU level under the Lisbon Strategy over the
decade 2000-2010 and under the current Europe 2020 Strategy.

(10)     The tasks and the
membership of the Tripartite Social Summit should be adapted in order to take
into account the institutional changes brought in by the Treaty of Lisbon,
notably the creation of the function of President of the European Council, as
laid down in Article 15 TEU.

(11)     This Decision is without
prejudice to the organisation and operation of the national systems of
industrial relations and social dialogue.

HAS ADOPTED THIS DECISION:

Article 1
Task

The task of the Tripartite Summit for
Growth and Employment shall be to ensure, in compliance with the Treaty and
with due regard for the powers of the institutions and bodies of the Union,
that there is a continuous concertation between the Council, the Commission and
the social partners. It will enable the social partners at European level to
contribute, in the context of their social dialogue, to the various components
of the Union’s strategy for growth and jobs. For that purpose, it shall draw on
the upstream work of and discussions between the Council, the Commission and
the social partners in the different concertation forums on economic, social
and employment matters.

Article 2
Membership

1.           The Summit shall consist of
the President of the European Council, the Council Presidency and the two
subsequent presidencies, the Commission and the social partners, represented at
the highest level. The ministers from those three presidencies and the Commissioner
responsible for employment and social affairs shall also be present. Depending
on the agenda, other ministers from these three presidencies and other
Commissioners may also be invited to take part.

2.           The social partners’
representatives shall be divided into two delegations of equal size comprising
10 workers’ representatives and 10 employers’ representatives, taking into
account the need to ensure a balanced participation between men and women.

3.           Each delegation shall
consist of representatives of European cross-industry organisations, either
representing general interests or more specific interests of supervisory and
managerial staff and small and medium-sized businesses at European level.  
Technical coordination shall be provided for the workers’ delegation by the
European Trade Union Confederation (ETUC) and for the employers’ delegation by
the Confederation of European Business (BUSINESSEUROPE). The ETUC and
BUSINESSEUROPE shall ensure that the views expressed by the specific and
sectoral organisations are fully taken into account in their contributions and
shall, where appropriate, include representatives from some of those
organisations in their delegations.

Article 3
Preparation

1.           The agenda for the Summit
shall be determined jointly by the Council, the Commission and the workers’ and
employers’ cross-industry organisations taking part in the work of the Summit. To
this end, preparatory meetings take place between the services of the Council,
the Commission and with ETUC and BUSINESSEUROPE.

2.           The matters on the agenda
shall be discussed by the Council meeting in its Employment, Social Policy,
Health and Consumer Affairs configuration.

3.           The Commission shall
provide the Summit secretariat. In particular, the secretariat shall ensure that
documents are distributed in adequate time. For the purposes of preparing and
organising meetings, the Summit secretariat shall establish appropriate
contacts with the ETUC and BUSINESSEUROPE, which shall be responsible for
coordinating their respective delegations.

Article 4
Operation

1.           The Summit shall meet at
least twice a year. The meetings shall be held before the respective spring and
autumn sessions of the European Council.

2.           The Summit shall be
chaired jointly by the President of the European Council and the President of
the Commission.

3.           The meetings of the Summit
shall be convened by the joint chairmen on their own initiative, in
consultation with the social partners.

Article 5
Information

The joint chairmen shall draw up a summary of the Summit’s discussions
in order to inform the relevant Council configurations and the general public.

Article 6
Repeal

Decision 2003/174/EC is hereby repealed from the date of the entry
into force of the new Decision.

Article 7

Entry into force

This Decision shall enter into force on the
day following that of its publication in the Official Journal of the
European Union.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .