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Opinion of the ‘European Economic and Social Committee on the Communication from the Commission — Restructuring and employment — Anticipating and accompanying restructuring in order to develop employment: the role of the European Union’

(COM(2005) 120 final)

(2006/C 65/12)

On 28 April 2005 the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Consultative Commission on Industrial Change (CCMI), which was responsible for preparing the Committee's work on the subject, adopted its opinion on 23 November 2005. The rapporteur was Mr Zöhrer and the co-rapporteur was Mr Soury-Lavergne.

At its 422nd plenary session, held on 14 and 15 December 2005 (meeting of 14 December), the European Economic and Social Committee adopted the following opinion by 121 votes to 1, with 9 abstentions.

Executive summary

The EESC welcomes the comprehensive, inter-sectoral approach selected by the Commission. The Commission has taken up an issue which is equally important for both enterprises and employees. Industrial change and the ability of those affected to prepare themselves for it are key factors in helping to maintain competitiveness. Success in this field does, however, depend upon tackling the social consequences of industrial change.

The EESC in essence agrees with the Commission's analysis of the phenomenon, but would welcome a more in-depth analysis.

Restructuring always involves fear of adverse consequences, particularly for workers. But well managed restructuring can also give rise to new challenges and opportunities. It all depends, essentially, on how the situation is dealt with in the company, how the various stages are managed and how the various players work together and develop a common spirit which enables them to identify the opportunities.

The Committee shares the view that answers to restructuring must be part of the strategy for growth and employment.

Closer coordination within the Commission through the establishment of a task force and regular dialogue with the European Parliament and the Council are welcome measures.

The EESC broadly endorses the priorities set out by the Commission in respect of the review of the European Employment Strategy. The Employment Strategy cannot be addressed without reference to the macroeconomic context and industrial policy.

As regards the reform of the financial instruments, the EESC agrees that they should be directed more towards the anticipation and management of restructuring.

In the Committee's view, the aim in industrial policy should now be, above all, to step up the sectoral approach, which makes it possible to identify tailor-made approaches for the individual sectors. The improvement of legislation applying to enterprises is a key point which requires more specific consideration and clarification.

The EESC regards technology initiatives, especially the technology platforms, as one of the most important means of improving the situation. Care must also be taken to establish an environment that is innovation-friendly.

Turning to competition policy, the question arises as to whether the measures currently available are adequate. In this connection, the EESC stresses the need for greater focus on the relationship between state aid, restructuring and production relocation.

The EESC takes the view that the Dublin-based European Monitoring Centre on Change (EMCC) also has a key role to play.

Special attention should be paid to the extension of the sectoral social dialogue. The EESC agrees with the Commission that, by virtue of their sectoral knowledge, the social partners are able to play a special role in alerting the authorities. This instrument should, however, not only come into play in crisis situations.

The EESC awaits with interest the Communication on Corporate social responsibility (CSR) announced by the Commission.

The EESC welcomes in principle the establishment of a Restructuring Forum. The Forum's aim must be to explain best practices and discuss local barriers (regulations) to introducing them.

In addition to the regulatory modernisation and simplification measures already provided for in the Lisbon Action Programme — measures which the EESC has always welcomed — the Commission announces that it is to submit a Green Paper on the development of labour law. In restructuring, perhaps more than elsewhere, the aim of developing labour law must be to ensure a balance between flexibility and security.

With regard to promoting intra-Community mobility, the EESC regards the proposal for a Directive on Improving the portability of supplementary pension rights — the sole proposal put forward — as being a somewhat meagre contribution. A package of incentives to facilitate mobility will have to be considered involving areas such as qualifications, the labour market, social legislation and taxation, including the removal of administrative barriers to the free movement of labour.

The EESC welcomes the idea of giving the social partners the opportunity to continue, in concrete terms, their work on the subject of restructuring.

European Works Councils (EWC) have a significant role to play in company restructuring. Consultations on the review of the EWC Directive should therefore embrace this issue, but they need to cover a broader context.

The Committee shares the Commission's conviction that restructuring must not be synonymous with social decline and a loss of economic substance.

Adverse consequences for workers cannot be entirely avoided. In addition to the requirements set out by the Commission, therefore, measures taken at Community level must also aim to give workers the necessary protection in periods of transition.

1.   Introduction

2.   Gist of the Commission document

3.   General comments

4.   Specific comments

4.2   Mobilising horizontal EU measures

4.3   Strengthening the partnership for change

4.4   Adapting the framework of regulation and collective agreement

4.5   Second phase of the consultation of the social partners on company restructuring and European works councils

4.6   The Commission's conclusions

Brussels, 14 December 2005.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

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(1)  The 2005 Review of the EU Sustainable Development Strategy; Initial Stocktaking and Future Orientations (COM(2005) 37 final), dated likewise 9 February 2005.

(2)  COM(2005) 120 final.

(3)JO C 157 of 28.6.2005 – Fostering structural change: an industrial policy for an enlarged Europe (COM(2004) 274 final).

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