1998D0500 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION DECISION
of 20 May 1998
on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social
partners at European level
(notified under document number C(1998) 2334)
(Text with EEA relevance)
(98/500/EC)
(OJ L 225, 12.8.1998, p. 27)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
COMMISSION DECISION
of 20 May 1998
on the establishment of Sectoral Dialogue Committees promoting
the Dialogue between the social partners at European level
(notified under document number C(1998) 2334)
(Text with EEA relevance)
(98/500/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas Article 118b of the Treaty states that the Commission is to
endeavour to develop the dialogue between management and labour atEuropean level which could, if the two sides consider it desirable, leadto relations based on agreement;
Whereas point 12 of the Community Charter of the Fundamental Social
Rights of Workers states that employers or employers' organizations,
on the one hand, and workers' organizations, on the other, should have
the right to negotiate and conclude collective agreements under theconditions laid down by national legislation and practice. The dialoguebetween the two sides of industry at European level which is to bedeveloped, may, if the parties deem it desirable, result in contractualrelations in particular at inter-occupational and sectoral level;
Whereas the Commission in response to the Communication of 18
September 1996 concerning the development of the social dialogue at
Community level (
1) received a strong support from all involved parties
in its suggestion to strengthen the sectoral social dialogue;
Whereas the European Parliament, in its Resolution of 18 July 1997 (2),
responding to that Commission Communication, called for a specificimportance to be attached to the sectoral social dialogue since the
impact of regulation and/or deregulation on employment in the
economic sectors can best be assessed within the sectoral dialogue;
Whereas the Economic and Social Committee in its opinion of 29
January 1997 (
3), responding to that Commission Communication,
stated that the sectoral dialogue must be effective, efficient and well-directed;
Whereas the situation in the various Member States clearly demon-
strates the need for the two sides of industry to participate actively in
discussions on the improvement of living and working conditions intheir sector; whereas a sectoral dialogue committee attached to theCommission is the most appropriate means of ensuring such participa-tion, by creating at Community level a representative forum for thesocio-economic interests involved;
Whereas the Commission should endeavour to ensure that the member-
ship and the activities of the Sectoral Dialogue Committees contributeto the promotion of equality between women and men;
Whereas the existing Joint Committees should be replaced by the
Sectoral Dialogue Committees; whereas the Decisions establishingthose Committees should therefore be repealed,
HAS DECIDED AS FOLLOWS:
Article 1
Sectoral Dialogue Committees (hereinafter referred to as ‘the Commit-
tees’) are hereby established in those sectors where the social partners1998D0500 — EN — 01.05.2004 — 001.001 — 2
(1) COM(96) 448 final.
(2) OJ C 286, 22. 9. 1997, p. 338.
(3) OJ C 89, 19. 3. 1997, p. 27.
▼B
make a joint request to take part in a dialogue at European level, and
where the organisations representing both sides of industry fulfil thefollowing criteria:
(a) they shall relate to specific sectors or categories and be organised
at European level;
(b) they shall consist of organisations which are themselves an integral
and recognized part of Member States' social partner structures and
have the capacity to negotiate agreements, and which are represen-tative of several Member States;
(c) they shall have adequate structures to ensure their effective partici-
pation in the work of the Committees.
Article 2
Each Committee shall, for the sector of activity for which it is estab-
lished,
(a) be consulted on developments at Community level having social
implications, and
(b) develop and promote the social dialogue at sectoral level.
Article 3
The representatives of the two sides of industry taking part in the meet-
ings of each Committee shall number a maximum of ►
A1 60◄in
all, with an equal number of representatives of the employers' and
workers' delegations.
Article 4
The Commission shall invite the representatives to participate in the
meetings of the Committees on a proposal from the social partner orga-nisations which have made the request set out in Article 1.
Article 5
1. Each Committee shall, together with the Commission, establish
its own rules of procedure.
2. The Committees shall be chaired by a representative of the
employers' or employees' delegations or, at their joint request, by a
representative of the Commission.
3. The Committees shall meet at least once a year. A maximum of
►
A1 50◄ representatives drawn from the two sides of industry
taking part in a meeting of a Committee shall receive subsistenceallowance and travelling expenses.
4. The Commission shall regularly review, in consultation with the
social partners, the functioning of the Sectoral Committee and thepursuit of their activities in the different sectors.
Article 6
If the Commission has informed a Committee that a subject discussed
relates to a matter of a confidential nature, members of the Committee
shall be bound, without prejudice to the provisions of Article 214 of
the Treaty, not to disclose any information acquired at the meetings ofthe Committee or its secretariat.
Article 7
1. The Sectoral Dialogue Committees shall replace the existing Joint
Committees, namely:
(a) Joint Committee on Maritime Transport established by Commission
Decision 87/467/EEC (
1);1998D0500 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 253, 4. 9. 1987, p. 20.
▼B
(b) Joint Committee on Civil Aviation established by Commission
Decision 90/449/EEC (1);
(c) Joint Committee on Inland Navigation established by Commission
Decision 80/991/EEC (2);
(d) Joint Committee on Road Transport established by Commission
Decision 85/516/EEC (3);
(e) Joint Committee on Railways established by Commission Decision
85/13/EEC (4);
(f) Joint Committee on Telecommunications Services established by
Commission Decision 90/450/EEC (5);
(g) Joint Committee on Social Problems of Agricultural Workers estab-
lished by Commission Decision 74/442/EEC (6);
(h) Joint Committee on Social Problems in Sea Fishing established by
Commission Decision 74/441/EEC (7);
(i) Joint Committee on Postal Services established by Commission
Decision 94/595/EC (8).
However, the Committees established by those decisions shall remain
in office until the Sectoral Committees established by this Decision
take office, but in any event no later than 31 December 1998.
2. Subject to Article 1, the Sectoral Dialogue Committee shall also
replace other informal working groups through which the Commissionhas heretofore promoted the social dialogue in certain sectors notcovered by a Commission decision establishing a Joint Committee.
3. The Decisions referred to in points (a) to (i) of paragraph 1 are
repealed with effect from 1 January 1999.1998D0500 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 230, 24. 8. 1990, p. 22.
(2) OJ L 297, 6. 11. 1980, p. 28.
(3) OJ L 317, 28. 11. 1985, p. 33.
(4) OJ L 8, 10. 1. 1985, p. 26.
(5) OJ L 230, 24. 8. 1990, p. 25.
(6) OJ L 243, 5. 9. 1974, p. 22.
(7) OJ L 243, 5. 9. 1974, p. 19.
(8) OJ L 225, 31. 8. 1994, p. 31.