COUNCIL CONCLUSIONS of 21 December 1992 on the effective implementation and enforcement of Community legislation in the area of social affairs

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community and to the Declaration on the implementation of Community law adopted by the Intergovernmental Conference on 7 February 1992 and attached to the Treaty on European Union,

Whereas that Declaration stresses that it is essential that each Member State fully and accurately transpose into national law the Community legislation addressed to it, within the required deadlines, and that measures be taken by the different Member States to ensure that Community law is applied with the same effectiveness and rigour as national law;

Whereas recent Judgments of the European Court of Justice have established that, subject to certain conditions, individuals who have suffered damage as a result of a Member State's failure to implement Community legislation have a right to compensation from the Member State in question;

Whereas the Treaty on European Union will empower the European Court of Justice to impose lump sums or penalty payments on Member States which have not complied with its Judgments;

Whereas the European Court of Justice has also held that national courts must interpret national legislation transposing Community Directives in the light of these Directives;

Whereas there is already a significant body of Community legislation in the area of social affairs, and this will increase,

EMPHASIZES THE FOLLOWING PRINCIPLES:

1. In order to make a reality of Community social legislation for individual citizens, it is essential that arrangements for its implementation are such that it its transposed accurately and on time into national legislation.

The legislation must also be enforced effectively and consistently in all Member States.

2. Under the Treaty, the Commission has the responsibility to ensure that the Member States implement Community legislation fully and on time.

It is for Member States to ensure that the legislation is enforced.

These separate responsibilities must be fully respected.

3. The task is to ensure that these responsibilities are carried out fully, in a consistent manner and in a spirit of cooperation.

The work of the Committee of Senior Labour Inspectors in the area of health and safety at work provides a helpful example of how progress can be made on these matters.

INVITES THE COMMISSION:

4. To continue to publish systematic information on an annual basis on the state of implementation of Cummity social legislation, commenting where appropriate on general progress and any difficulties in enforcement identified from the reports by Member States on the implementation of this legislation.

5. To continue its arrangements for consultation in advance of proposing new legislation, including consultation with national experts from the Member States and with both sides of industry at Community level

This consultation should be conducted in such a way that it does not delay the adoption of Community legislation.

INVITES THE MEMBER STATES AND THE COMMISSION:

6. To support regular contact between national experts, and between national experts and tose in the Commission who are responsible for policy on specific aspects of Community social legislation, in order to help ensure consistent interpretation and effective enforcement of that legislation.

7. On the basis of close collaboration between national experts from the Member States and the Commission, to establish the exchange of information and a network of relevant officials to assist the achievement of effective enforcement of Community social legislation, to encourage the spread of effective practice throughout the Community, and to address other issues which arise out of the application of Community social legislation.

8. To ensure that those concerned with the application of Community law are adequately informed of development as to Community social legislation.

9. To encourage and support continued close cooperation between members of the Committee of Senior Labour Inspectors, in particular with a view to arriving at common principles concerned with health and safety inspection at the workplace and the role of the relevant authorities in each Member State, and with a view to improving the effectiveness of inspection as assessed against those principles.

INVITES THE MEMBER STATES:

10. To provide the necessary information to both sides of industry and to the other relevant interests about proposed Community legislation and, when such legislation is adopted, about arrangements for implementation, enforcement, and the means available to enable those concerned to defend their rights.

UNDERTAKES:

11. To review annually the significant matters addressed by these Conclusions, based on the annual information from the Commission referred to in point 4 of these Conclusions.

12. When considering proposals for new legislation, to pay close regard to ensuring that the amendments adopted by the Council are clearly drafted, that the scope of the legislation is the subject of rigorous analysis, and that the legislation takes account of practical aspects concerning its subsequent effective enforcement.

The consideration of proposals should be conducted in such a way that it does not delay the adoption of Community legislation.

13. To consider at regular intervals lessons arising out of the implementation and enforcement of existing legislation, exchanges of information and officials between the Member States and the Commission and the work of the Committee of Senior Labour Inspectors.

14. To work in partnership with all Community Institutions and Member States to ensure the effective application of social legislation throughout the Community.