COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 600 f i na I 
Brusse Is, 14 December 1993 
COMMUNICATION 
concerning the application of 
the Agreement on social policy 
presented by the Commission 
to the Council 
and to the European Parliament 
SUMMARY 
INTRODUCTION TABLE OF CONTENTS 
The contribution of the Maastricht Treaty 
The scope of the Agreement 
Origins of Articles 3 and 4 of the Agreen1ent 
The .filnctions of the social dialogue 
CONSl!LTATION (JF THE SOCIAL PARTNERS 
PROMOTIN(J CONSl!LTA770N OF THE SOCIAL PARTNERS 
THE CONSl!LTATION PROC£/)l!RE.\' 
Current situation 
1Vew approach 
THE ORGANISATI(JNS TO BE CONSl!LTEIJ 
1Vew approach to consultation: Summary 
FROM COJVSl!LTATION TO NEGOTIATION 
THE IMPLEMENTATION OF THE AGREEMENTS 
THE COli!IC/L DECISION 
THE IMPLEMENTAT/(JN OF J)/RECTIVES BY C(JLLECTIVE AGREEMI~NT 
CONCLl/5)/0N 
ANNEXES 
Overview l?{ the n1ain legal base.\· for social policy n1easure.\· 
List of social partners' organisations currently con1plying with the criteria set out 
in paragraph 24 qf the Con1n1unication 
Main result.\' l?f the "study on the representativeness l?{ the .\·ocial partners" 
Flow chart setting out the practical arrangements .fiJI' iluplementing the Agreement 
on Social Policy 
SUMMARY 
1. Entry into force of the Treaty on European Union automatically brings into force 
at the same time the Protocol on Social Policy and the Agreement on Social Pol­
icy ("the Agreement"). 
2. The Protocol and the Agreement state that eleven Member States "wish to con­
tinue along the path laid down in the 1989 Social Charter, but they point out 
that the Protocol and the Agreement "are without prejudice to the provisions of 
the Treaty, particularly those relating to social policy which constitutes an inte­
gral part of the acquis communautaire". 
3. At least until 1996, social policy wiJI be governed, on the one hand, by the pro­
visions of the EC Treaty, while on the other, the provisions introduced by the 
Agreement will form a new basis for Community action, including the possi­
bility for the eleven Member States which signed the Agreement to adopt legis­
lative measures. This situation has never occurred in the Community before. 
4. Articles 3 and 4 of the Agreement constitute a significant development of Article 
ll8b of the Treaty. They redefine the Commission's task of promoting the 
social dialogue by placing an obligation on the Commission, on the ·one hand to 
promote the consultation of management and labour (the social partners) and on 
the other hand to consult them before presenting proposals in the social policy 
field. These Articles also open up new possibilities as regards the dialogue 
between the social partners at Community level, which may be implemented in 
certain closely defined cases, by a Council decision on the basis of a proposal 
from the Commission. 
5. Articles 3 and 4 of the Agreement reproduce in almost identical terms, the 
agreement concluded on 31 October 1991 between UNICE, ETUC and CEEP 
within the ad hoc group set up for the purpose of defining the role and place of 
the social dialogue in the new Community framework. 
PROMOTING CONSULTATION OF THE SOCIAL PARTNERS 
6. Under the terms of Article 3(1) of the Agreement, the social partners now have 
a right to be consulted by the Commission both on the direction of Community 
social policy and on the content of Community action in this area. 
In facilitating the social dialogue, the Commission must ensure "balanced sup­
port for the pa11ies". Among the different measures which may facilitate the 
dialogue, lnention can be made of working groups and the provision of technical 
assistance deemed necessary to underpin the dialogue. 
1 
Lr 
THE ORGANISATIONS TO BE CONSULTED 
7. Based on some criteria set out below, a number of organisations are potentially 
eligible to be consulted. At the same time, the Commission recognises fully that 
there is a substantial body of experience behind the social dialogue established 
between the UNICE, CEEP and ETUC. 
The Commission believes, as a matter of general principle, that the extent to 
which organisations should be consulted within the terms of Article 3 of the 
Agreement should depend on the following factors. 
The organisations should : 
be cross .. industry or relate to specific sectors or categories and be 
organised at European level: 
consist of organisations which are themselves an integral and 
recognised as part of Member State social partner structures, have 
the capacity to negotiate agreements and are representative of all 
Member States, as far as possible: 
have adequate structures to ensure their effective participation tn 
the consultation process. 
THE CONSULTATION PROCEDURES 
8. Article 3(2) and (3) of the Agreement on Social Policy states that: "To this end, 
before submitting proposals in the social policy field, the Commission shall con­
sult management and labour on the possible direction of Community action. If, 
after such consultation, the Commission considers Community action advisable, 
it shall consult management and labour on the content of the envisaged proposal. 
Management and labour shall forward to the Commission an opinion or, where 
appropriate, a recommendation". 
9. In the light of experience, the Commission suggests that : 
The first consultation of the social partners will be initiated on receipt of the 
Commission's letter The requested consultation may be by letter or, if the social 
partners so desire, by the convening of an ad hoc meeting. The period of con­
sultation should not exceed 6 weeks. 
The Commission will determine its position in the light of comments received 
during this first consultation and will decide whether to proceed to the second 
phase. 
2 
The second phase consultation of the social partners will be initiated with the 
receipt of the second letter from the Commission, incorporating the content of 
the planned proposal initiative, together with an indication of the possible legal 
base. 
On the occasion of this second consultation, the social partners should deliver to 
the Commission in writing and, where the social partners so wish through an ad 
hoc meeting, an opinion setting out the points of agreement and disagreement in 
their respective positions on the draft text. Where appropriate, they should 
deliver a recommendation setting out their joint positions on the draft text. The 
duration of this second phase shall also not exceed 6 weeks. 
FROM CONSULTATION TO NEGOTIATION 
10. The social partners who are consulted on the content of a proposal for Commun 
ity action may deliver an opinion or, where appropriate, a recommendation to 
the Commission. Otherwise they can inform the Commission of their desire to 
embark, in the context of their bargaining independence, upon a process of nego­
tiation which could lead to a direct agreement between the parties. This negoti­
ation process may take up to nine months and may be extended with the agree­
ment of the Commission. 
11. At or before the end of this nine-month period, therefore, the social partners 
have to submit to the Commission a report taking stock of negotiations. This 
report may inform the Commission that: 
a) they have concluded an agreement and jointly request he Commission to 
propose that the Council adopt a decision on implementation, or 
b) having concluded an agreement between themselves, they prefer to imple 
ment it in accordance with the procedures and practices specific to man­
agement and labour and to the Member States, or 
c) they envisage pursuing the negotiations beyond the nine months and 
accordingly request the Commission to decide with them upon a new 
deadline, or 
d) they are unable to reach an agreement. 
12. \\'here (d) applies, the Commission will examine, in the light of the work 
already undertaken, whether a legislative instrument in the area under consider­
ation would be appropriate. The Economic and Social Committee and the Euro­
pean Parliament will also be consulted in accordance with the procedures laid 
down in the Treaty. 
3 
THE 1~1PLEMENTATION OF THE AGREEMENTS 
13. Agreements concluded at Community level are to be implemented either in 
accordance with the procedures and practices specific to management and labour 
and the Member States or, in matters covered by Article 2, at the joint request 
of the signatory parties, by a Council decision on a proposal from the Commis­
ston. 
The Council is to act by qualified majority, except where the agreement in ques­
tion contains one or more provisions relating to one of the areas referred to in 
Article 2(3), in which case it shall act unanimously. 
14. Under the Agreement, the Commission is not legally required to consult the 
European Parliament on requests made to it by the social partners concerning 
implementation of an agreement by means of a Council decision. However, it 
does intend to inform the European Parliament and to send the text of the agree­
ment, together with its proposal for a decision and the explanatory memoran­
dum, so that Parliament may, should it consider it advisable, deliver its opinion 
to the Commission and the Council. 
THE COUNCIL DECISION 
15. The Commission considers that the Council decision can only relate to the text 
of the agreement as signed by the parties concerned. If the Agreement were to 
be amended, it could no longer be regarded as an agreement freely concluded 
between the social partners. 
16. If the Council decides in accordance with the procedures set out in the last 
subparagraphof Article 4(2), not to implement the agreement as concluded by 
the social partners, the Commission will withdraw its proposal for a decision and 
will examine whether a legislative instrument in the area under consideration 
would be appropriate. 
THE If\1PLEMENTATION OF DIRECTIVES BY COLLECTIVE AGREEMENTS 
17. The Agreement establishes the general principle that directives may be imple­
mented by collective agreement. This principle has been recognised in the case 
law of the Court of Justice. It is also in line with the provisions of the Interna­
tional Labour Organisation and the Council of Europe. 
4 
INTRODUCTION 
1. Entry into force of the Treaty on European Union automatically brings into 
force at the same time the Protocol on Social Policy and the Agreement on 
Social Policy concluded between the Member States of the European 
Community with the exception of the United Kingdom of Great Britain and 
Northern Ireland (hereinafter referred to as the Agreement). 
2. The aim of this communication is to set out the Commission's approach to the 
implementation of the Protocol and Agreement taking into account past 
experience in this field. The Commission will of course be prepared to review 
and amend these procedures in the light of experience gained and of the debate 
it expects to stimulate with the other Community institutions, the Member 
States and the organisations of social partners at Com1nunity level. This will 
be a dynamic process which will grow and develop over time. The 
Commission firmly believes therefore that it will only be possible to determine 
the changes and adjustments required through practical experience in applying 
the Agreement. The opportunity for such revision will be provided by the 
report on progress in achieving the objectives of Article l of the Agreement 
which the Commission is required to draw up each year under Article 7 of the 
Agreement. This latter report will, for practical purposes, be merged with the 
Repo11 on the application of the Community Chcll1er of the Fundamental Social 
Rights of Workers. 
3. ln concluding an Agreement on Social Policy at Maastricht in the form of a 
Protocol accepted by the Twelve, the eleven signatory Member States 
demonstrated their desire to give the Community the resources required to 
ensure that the social dimension can progress at the same pace as the other 
aspects of the construction of Europe, more pa11icularly the economic aspect. 
4. The Agreement sets out the social policy objectives. following the same path 
adopted in the Social Charter of 1989, and embracing the promotion of 
employment, improved living and working conditions, proper social protection, 
dialogue between management and labour, the development of human resources 
with a view to lasting high employment, and the combating of exclusion. 
5. These objectives supplement the general and specific tasks of the Community 
as set out in the Treaty establishing the European Community, as replaced by 
Article 2 of Title II of the Treaty on European Union. which refers to 
promoting a high level of employment and of social protection. 
The contribution r?f the Maastricht Treaty 
6. The contribution of the Agreement is three-fold: 
a) It extends and clarifies the Community's powers. 
h) The Agreement lays down special ntles for the adoption of measures 
presented in this context. 
Firstly, it confirms the provision whereby decisions can be taken by 
qualified majority in respect of health and safety at the workplace and 
extends this possibility to a number of new areas: 
working conditions: 
the information and consultation of workers: 
equal opportunities and equal treatment between men and 
women: 
the integration of persons excluded from the labour market. 
Secondly, it provides for decisions in the following areas to be taken 
unanimously by the Eleven signatory Member States: 
financial contributions for promotion of employment and job 
creation~ 
social security and social protection of workers~ 
protection of workers where their employment contract ts 
terminated; 
representation of workers and eo-determination~ 
conditions of employment for third-country nationals legally 
residing in Community territory. 
Finally, it explicitly excludes from the Agreement any matters relating 
to pay, the right of association, the right to strike and the right to 
impose lock-outs. 
c) The Agreement confirms the fundamental role of the social partners -
as recognised by Article 1188 ofthe Single Act-in the implementation 
of the social dimension at Community level. In conformity with the 
fundamental principle of subsidiarity enshrined in Article 38 of the 
Treaty on European Union, there is thus recognition of a dual form of 
subsidiarity in the social field: on the one hand, subsidiarity regarding 
regulation at national and Community level; on the other, subsidiarity 
as regards the choice, at Community level, between the legislative 
approach and the agreement-based approach. 
Undoubtedly, this third element is likely to have the greatest 
consequences. The Commission can only express its pleasure at the fact 
that this principle of dual subsidiarity, which was in fact introduced by 
the Commission as part of its contribution to the intergovernmental 
conference and subsequently adopted by the social partners, has now 
been incorporated into the Agreement. 
It is also important to note that this recognition of the role of the social 
partners operates at two levels: 
at national level, in that "a Member State may entrust 
management and labour, at their joint request, with the 
implementation of directives" adopted pursuant to the Agreement 
(Article 2 (4))~ 
at Community level, in that the Agreement introduces a new 
procedure for consulting the social pariners, which may, "should 
management and labour so desire, ... lead to contractual 
relations, including agreements" (Article 4). 
The scope (~fthe AKreement 
7. The Agreement is soundly based in law gtven that the Protocol on Social 
Policy, which was adopted by the Twelve and thus ranks as a treaty, allows for 
measures to be taken by eleven Member States. 
Thus, the Community nature of measures taken under the Agreement is 
beyond doubt, which means that the Court of Justice will be empowered 
to rule on the legality of directives adopted by the Eleven and to 
interpret them. The scope of these directives will comply with the 
territoriality principle~ in other words, such directives will not apply on 
the territory of the United Kingdom, but a UK national -or the 
subsidiary of a UK-registered group -resident on the territory of each 
of the other eleven Member States will be subject to the (harmonised) 
legislation of the Member State in question. Finally, the Protocol forms 
part of the acqui.\' communautaire like any other provision of the EEC 
Treaty. 
8. lt is important to stress, though, that the Treaty on European Union does not 
preclude institutions having recourse in the social field to the provisions of the 
EEC Treaty pursuant to procedures governing the twelve Member States. 
Social policy is therefore governed: 
by the provtstons of the EC Treaty as amended by the Treaty on 
European Union~ and 
by the provisions introduced by the Agreement, which will form a new 
basis for Community action, including the possible adoption of 
legislative measures by the eleven Member States which signed the 
Agreement. 
Social policy is thus subject to two free standing but complementary legal 
fratnes of reference (see Annex l ). 
The Commission's principal objective is to promote the development of a 
European social policy which will benefit all the citizens of the Union and will 
therefore enjoy, as far as is possible, the support of all the Member States. 
The Commission hopes, therefore, that Community social policy action will 
once again be founded on a single legal basis. A major opportunity to achieve 
this will be the conference of representatives of Member State governments in 
l996. 
The matn considerations to be taken into account when deciding which 
procedure to opt for i.e. EC Treaty or Agreement of the Eleven -are: 
the nature of the proposal; 
the attitude of the social partners to it: 
the need to ensure that the social dimension progresses at the 
same pace as other Community policies, and hence the 
possibility for the Council to reach decisions by qualified 
majority: 
the desire to ensure that all workers throughout the Community 
benefit from the proposed measure: 
the possibility for all twelve Member States to move forward 
together. . 
As far as future proposals are concerned, the Commission will decide on a case 
by case basis, in the light of the above criteria, whether or not to make use of 
the Protocol. However, for proposals concerning health and safety at work, the 
Commission will give priority to instnnnents which enable a decision to be 
taken by all twelve Member States. 
As regards the proposals presented under the social action programme and still 
pending at the Council, the Commission will decide on a case by case basis 
whether or not to make use of the Agreement in order to progress the proposals, 
should there be an impasse at the Council. In cases where it opts for using the 
Agreement, the Commission will do everything possible- in agreement with the 
social partners concerned, where appropriate -to ensure that work which has 
already been done is taken into account and thus _to speed up the consultative 
process. 
ORIGIN OF ARTICLES 3 AND 4 OF THE AGREEMENT 
9. Articles 3 and 4 of the Agreement are heavily inspired by the agreement 
concluded on 31 October 1991 by UNICE, ETUC and CEEP, and may be 
regarded as a significant evolution of Article 118b of the Treaty 1. They 
redefine the Commission's task of promoting the dialogue between management 
and labour (the social partners) in terms of promotion of consultation of them 
and an obligation to consult them before submitting proposals in the social 
policy field. They also open up a new prospect for the Community social 
dialogue in that it may now lead to the establishment of contractual relations, 
including agreements, which may be implemented, in defined circumstances, by 
a Council decision based on a proposal from the Commission. 
The function\· r~f the social dialo~ue 
l 0. The traditional dialogue between the social partners at Community level under 
the terms of Article 118b of the EC Treaty has ahvays taken the form of 
discussions and exchanges of views on matters of common interest. Even if 
these meetings did not always result in formal agreement on the pa11 of the two 
sides, they did generate joint opinions on a variety of important subjects such 
as macroeconomic problems, the introduction of new technologies and the 
Added by the Single Act~ it reads: "the Commission shall endeavour to develop 
the dialogue between management and labour at European level which could, 
if the two sides consider it desirable, lead to relations based on agreement". 
adaptability of the labour market. 
ln terms of implementing the Agreement, it is imp011ant to distinguish clearly 
between two different functions of the social dialogue : 
consultation of the social partners for the purpose of obtaining 
the opinions or recommendations of the employers' and workers' 
European organisations on the different proposals in preparation 
within the Commission~ 
negotiations between the social partners which, in the light of 
their bargaining autonomy and the terms of Article 3 (4), may 
lead to an agreement. 
CONSULTATION OF THE SOCIAL PARTNERS 
PROMOTING CONSULTATION OF THE SOCIAL PARTNERS 
11. Under Article 3( l) of the Agreement "the Commission shall have the task of 
promoting the consultation of management and labour at Community level and 
shall take any relevant measure to facilitate their dialogue by ensuring balanced 
support for the parties". The social partners now have a right to be consulted 
hy the Commission both on the direction of Community social policy and on 
1he substance of Community action. The obligation on the Commission to 
promote the social dialogue is stronger than the previous formulation set out in 
Article 118b of the EC Treaty ("shall endeavour to develop the dialogue 
between management and labour at European level"). In the Agreement, the 
Commission "shall have the task of promoting the consultation" taking "any 
relevant measure to facilitate their dialogue". 
12. The signatories to the Agreement thus assigned to the Commission a dynamic 
role in promoting this dialogue, and entrusted it with the task of playing an 
active part in overcoming any difficulties or reluctance which might occur on 
the part of one or other of the partners and possibly impede progress. The 
relevant measures to facilitate the dialogue may be grouped under various types 
of support: the organisation of meetings; support for joint studies or joint 
working groups: and support for technical assistance deemed necessary to 
underpin the dialogue. 
13. ]n facilitating the social dialogue, the Commission has the responsibility to 
ensure "balanced support for the parties". To that end, and to ensure a 
lransparent and balanced approach, the Commission is currently reviewing the 
assistance granted recently to the different social partners. An annual 
statement of the support provided will be issued in future .years by the 
Commission. 
THE CONSULTATION PROCEDURES 
14. Article 3(2) and (3) of the Agreement states that: "To this end, before 
submitting proposals in the social policy field, the Commission shall consult 
management and labour on the possible direction of Community action. If, 
after such consultation, the Commission considers Community action advisable, 
it shall consult management and labour on the content of the envisaged 
proposal. Management and labour shall forward to the Commission an opinion 
or, where appropriate, a recommendation". 
Current situation 
15. 1t is essential to recall that, in drawing up its proposals, the Commission has 
always arranged for wide-ranging consultation. In the social field, this 
consultation has often taken place through a number of advisory committees, 
each one having a specific area of responsibility~ they are tripartite committees 
{governments, employers and workers) and the members are appointed by the 
Council on a proposal from the governments of the Member States. The various 
joint committees perform a similar advisory role. They are set up by the 
Commission in sectors where common policies are in operation or are being 
prepared. In other cases, informal meetings provide for social dial~gue and 
consultation of the social partners in the sector concerned on the different 
Commission proposals which may have consequences in the social field. 
16. Ad hoc consultation procedures have also been established alongside these 
formal and informal advisory bodies. It is useful to recall that the Commission 
agreed with the social dialogue steering group2 upon the following consultation 
2 procedure for certain proposals for legislation to which the social partners 
attached great importance, but which did not fall within the scope of any of the 
existing advisory bodies. The social partners are consulted jointly on each 
proposal in two stages - a first consultation taking place on the basis of a 
Commission discussion paper, followed by a second one held within the 
following three months on the basis of a fresh Commission working paper, 
more detailed and closer to the preliminary draft which the responsible 
departments envisage presenting to the Commission. After these consultations, 
Set up at political level by representatives of UN ICE, CEEP and ETUC and the 
Commission. 
the departments of the Commission draw up an inventory of the points of 
agreement and disagreement, as expressed by the social partners, and pass it on 
to the Commission for its final deliberations on the proposal. 
17. Alongside this two-stage joint consultation, the Commission departments have 
conducted additional consultations with representatives of management and 
labour in some industrial and service sectors more concerned by particular 
proposals under consideration and also with other major organisations which do 
not participate in the Community social dialogue. 
Jn the context of this two-stage joint consultation process the Commission 
departments have extended their consultations to other organisations which are 
representative in both the economic and social fields. 
18. These prior consultations have undoubtedly helped to bring viewpoints closer 
together and improve mutual understanding, even if differences of view have 
persisted in certain cases between those who want legislation at Community 
level and those who oppose it. 
New approach 
19. The Agreement describes these two stages : 
Stage I 
Article 3(2) specifies that "before submitting proposals in the 
social policy field, the Commission shall consult management 
and labour on the possible direction of Community action". 
Stage 2 
"If, after such consultation, the Commission considers 
Community action advisable, it shall consult management and 
labour on the content of the envisaged proposal. Management 
and labour shall forward to the Commission an opinion or, 
where appropriate, a recommendation" (Article 3(3) of the 
Agreement). 
Jn the light of the experience already acquired, the Commission proposes to 
proceed as follows: 
the first consultation of the social partners would take place on 
receipt of the letter from the Commission. The requested 
consultation may be by letter or. if the social partners so desire, 
by the convening of an ad hoc meeting. The consultation period 
should not exceed six weeks~ 
the Commission will decide its position in the light of comments 
received during the first round of consultations, and will decide 
whether to proceed to the second phase~ 
the second conultation phase will be initiated with the receipt of 
the second letter sent by the Commission, setting out the content 
of the planned proposal together with indication of the possible 
I egal basis: 
t1' 
On the occasion of this second consultation, the social partners 
should deliver to the Commission in writing and, where the 
social partners so wish through an ad hoc meeting, an opinion 
setting out the points of agreement and disagreement in their 
respective positions on the draft text. Where appropriate, they 
should deliver a recommendation setting out their joint positions 
on the draft text. The duration of this second phase shall also 
not exceed 6 weeks. 
20. The new consultative procedures will not be a complete substitute for the old, 
especia11y where these involve the use of well established tripartite consultative 
committees. In particular, the following committees would be the mechanism 
for consultation of the social partners, including where appropriate consultation 
under the terms of Article 3: the Advisory Committee on Safety, Hygiene and 
1-lealth Protection at Work and the Advisory Committee on the Free Movement 
of Workers. The two procedures may, on occasion, therefore operate In a 
parallel way depending on the subject matters of the specific proposal. The 
Commission will ensure, however, that duplication is avoided and that there is 
the maximum of transparency at all stages of the different procedures. 
21. The Commission thinks it expedient to re-examine the way the social dialogue 
works at present with a view to promoting dialogue under the Agreement. To 
this end, it intends to take the appropriate steps to rationalise the various 
consultation processes, including such processes at sectoral level. 
THE ORGANISATIONS TO BE CONSULTED 
22. When drawing up the vanous measures it proposed further to the action 
programme relating to the implementation of the Community Charter of the 
Fundamental Social Rights of Workers, the Commission took the view that it 
would be advisable for many initiatives of prime political importance to form 
the subject of in-depth consultation in the context of the social dialogue. These 
initiatives did not fall within the scope of any of the existing advisory 
committees. Moreover, the conclusions of the meeting held at the Palais 
d'Egmont on 12 January 1989, adopted unanimously, authorised the steering 
group to request the Commission "to consult the two sides of industry on any 
project or proposal for a decision during its preparatory phase". 
In the context of the two-stage joint consultation process which the 
Commission agreed upon with the representatives of ETUC. UNICE and 
CEEP, the Commission departments have extended their consultations 
to other organisations which are representative in both the economic and 
social fields. 
23. Since the adoption of the Maastricht Treaty, the Protocol on Social Policy and 
the Agreement, a number of the organisations which do not participate in the 
existing social dialogue have submitted formal requests to the Commission to 
take part directly in the social dialogue. To take a position on this question in 
full knowledge of the facts, the Commission carried out a study of European 
employers' and workers' organisations so as to enable the Commission to 
understand more clearly the different mechanisms by which representative social 
dialogues are established at national level. and to assist in assessing how this 
process might best operate at Community level. 
This study on the social partners, the main results of which are set out in Annex 
:l, is available to the public on request. The Commission draws two main 
messages from this study: 
<~ r L-
fa) the diversity of practice in the different Member States is such that there 
is no single model which could be replicated at European level, and 
fb) the different Member States' systems having all taken many years to 
grow and develop, it is difficult to see how a European system can be 
created by administrative decision in the short term. 
24. As a matter of general principle the Commission believes that organisations 
should be consulted within the terms of Article 3 of the Agreement in so far 
as they meet the following criteria. 
The organisations should: 
be cross industry or relate to specific sectors or categories and be 
organised at European level~ 
consist of organisations which are themselves an integral and recognised 
part of Member State social partner structures and with the capacity to 
negotiate agreements, and which are representative of all Member States, 
as far as possible~ 
have adequate structures to ensure their effective participation tn the 
consultation process. 
Annex 2 sets out the organisations which currently comply broadly with these 
criteria. The list will be reviewed in the light of experience acquired in applying 
the new procedures instituted by the Agreement, and of the way the social 
dialogue develops. 
1l 
25. At the same time, the Comtnission recognises that there is a substantial body 
of experience behind the social dialogue established between the UNICE, CEEP 
and ETUC. It has also taken note of their joint position regarding the 
implementation of the new procedures introduced by the Agreement. 
26. There are a number of organisations which meet the criteria set out in para 24 
and which are thus potential candidates for involvement in the consultation 
process. The Commission does not wish to take a restrictive view of this issue, 
hut is at the same time conscious of the practical problems posed by a 
tnultiplicity of potential actors. Only the organisations themselves are in a 
position to develop their own dialogue and negotiating structures. The 
Commission will endeavour to promote the development of new linking 
stntctures between all the social partners so as to help rationalise and improve 
the process. Special attention will be paid here to the due representation of 
small and medium-sized undertakings. 
27. This raises the question of whether or not it is necessary in a first phase to 
ereate some form of consultation body or umbrella liaison committee for the 
purposes of the procedure foreseen under Ar1icle 3 of the Agreement. Having 
earefully considered the matter, the Commission considers that at this initial 
stage this is not the best way forward, though this question will undoubtedly 
need to be re-examined in the light of experience as the process develops. 
New approach to consulhltion: Surnnulry 
28. The situation regarding consultation of the social partners on social policy 
tnatters is now as follows: 
The Commission will continue its policy of wide-ranging consultation 
to ensure that its policy relates as closely as possible to economic and 
social realities. Such consultation will cover all European or, where 
appropriate, national, organisations which might be affected by the 
Community's social policy. 
Within the framework of Article 3 of the Agreement it will undertake 
formal consultations with the European social partners' organisations 
which are listed in Annex 2 and which meet the criteria set out In para 
24. 
The Commission feels that these specific consultation procedures under 
the terms of Article 3 of the Agreement should apply to all social policy 
proposals, whatever legal basis is eventually decided on. The 
Commission also reserves the right to engage in specific consultations 
on any other horizontal or sectoral-type proposal which has social 
implications. 
The formal consultation of the social partners provided for in Article ] 
of the Agreement may lead to the adoption of opinions, 
recommendations or agreement-based relations (including agreements) 
within the social partners' sphere of competence. 
FROM CONSULT AT ION TO NEGOTIATION 
29. The social partners consulted by the Commission on the content of a proposal 
for Community action may deliver an opinion or, where appropriate, a 
recommendation to the Commission. Alternatively, they may also, as stated in 
Article 3(4), "inform the Commission of their wish to initiate the process 
provided for in Article 4". Should they decide on this latter course of action, 
they may embark, independently, upon a process of negotiation which could 
lead to the establishment of a direct agreement between the parties. The 
negotiation process may take up to nine months and may be extended with the 
agreement of the Commission. 
30. The question of whether an agreement between social partners representing 
certain occupational categories or sectors constitutes a sufficient basis for the 
Commission to suspend its legislative action will have to be examined on a 
case-by-case basis with particular regard to the nature and scope of the proposal 
and the potential impact of any agreement between the social partners 
concerned on the issue which the proposals seek to address. 
31. Jn their independent negotiations, the social partners are in no way required to 
restrict themselves to the content of the proposal in preparation within the 
Commission or merely to making amendments to it, bearing in mind, however, 
that Community action can clearly not go beyond the areas covered by the 
Commission's proposal. The social partners concerned will be those who agree 
to negotiate with each other. Such agreement is entirely in the hands of the 
different organisations. However, the Commission takes the view that the 
provisions regarding small and medium-sized undertakings referred to in Article 
2(2) of the Agreement should be borne in mind by organisations which are 
~;ignatory to an agreement. 
32. The negotiations may not exceed mne months, unless the social partners 
concerned and the Commission decide jointly to extend them. The Agreement 
between the Eleven has associated the Commission in this decision on extension 
and empowered it to assess the two parties' chances of arriving at an agreement 
within the period set. This will prevent any prolongation of fruitless 
negotiations which would ultimately block the Commission's ability to regulate. 
In making such an assessment, the Commission will respect fully the social 
partners' independence. 
33. At or before the end of this nine-month period, therefore, the social partners 
have to submit to the Commission a report taking stock of the negotiations. 
This report may inform the Commission that: 
a) they have concluded an agreement and jointly request the 
Commission to propose that the Council adopt a decision on 
implementation, or 
b) having concluded an agreement between themselves, they prefer 
to implement it in accordance with the procedures and practices 
specific to tnanagement and labour and to the Member States, or 
c) they envisage pursuing the negotiations beyond the nine months 
and accordingly request the Commission to decide with them 
upon a new deadline, or 
d) they are unable to reach an agreement. 
34. Where point d) applies, the Commission will look into the possibility of 
proposing, in the light of the work already done, a legislative instrument in the 
1ield in question and will forward the result of its deliberations to the Council. 
The Economic and Social Committee and the European Parliament will also be 
consulted in accordance with the procedures laid down in the Treaty. 
35. At any event, and without prejudicing the principle of the autonomy of the 
social partners (a principle which underlies Articles 3 and 4 of the Agreement), 
the Commission feels that the European Parliament must be fully informed at 
all stages of any consultation or negotiation procedure involving the social 
partners. 
36. Consultation of the Member States will take place as in the past. As regards the 
situation in the EFTA countries, the point has already been made that the 
Protocol forms part of the acqui,,· communautaire like any other provision of the 
EC Treaty. Thus, a decision taken on the basis of Article 4 may be extended 
to the EFT A countries too. In practice, the social partners' organisations 
normally cover the EFT A countries, so that they are de facto integrated at all 
stages of the consultation procedure, with negotiation being a matter for the 
social partners. 
THE IMPLEI\1ENTATION OF THE AGREEMENTS 
37. Agreements concluded at Community level are to be implemented: 
a) either in accordance with the procedures and practices specific to 
management and labour and the Member States~ this provision is subject 
to the following declaration: 
"The 11 High Contracting Pa11ies declare that the first of the 
arrangements for application of the agreements between management 
and labour at Community level -referred to in Article 4(2)-will consist 
cl 
in developing, by collective bargaining according to the rules of each 
Member State, the content of the agreements, and that consequently this 
arrangement implies no obligation on the Member States to apply the 
agreements directly or to work out rules for their transposition, nor any 
obligation to amend national legislation in force to facilitate their 
implementation". 
h) or, in matters covered by Article 2, at the joint request of the signatory 
parties, by a Council decision on a proposal from the Commission. 
The Council is to act by qualified majority, except where the agreement 
in question contains one or more provisions relating to one of the areas 
referred to in Article 2(3), in which case it is to act unanimously. 
Jn the event of negotiations resulting in an agreement that the social partners 
decide to implement via the voluntary route, the terms of this agreement will 
hind their members and will affect only them and only in accordance with the 
practices and procedures specific to them in their respective Member States. 
THE COUNCIL DECISION 
38. The Commission's view IS that implementing an agreement concluded at 
Community level by means of a Council decision on a proposal from the 
Commission at the joint request of the social pat1ners would give the Council 
no opportunity to amend the agreement. For this reason, the Commission will 
merely propose, following examination of the agreement between the social 
partners, the adoption of a decision on the agreement as concluded. 
39. By virtue of its role as guardian of the Treaties, the Commission will prepare 
proposals for decisions to the Council following consideration of the 
representative status of the contracting parties, their mandate and the "legality" 
of each clause in the collective agreement in relation to Community law, and 
the provisions regarding small and medium-sized undertakings set out in Article 
2(2). At all events, the Commission intends to provide an explanatory 
memorandum on any proposal presented to the Council in this area, giving its 
comments and assessment of the agreement concluded by the social partners. 
Where it considers that it should not present a proposal for a decision to 
implement an agreement to the Council. the Commission will immediately 
inform the signatory parties of the reasons for its decision. 
40. Under Article 4(2) of the Agreement, the Commission is not legally required 
to consult the European Parliament on requests made to it by the social partners 
concerning implementation of an agreement by means of a Council decision. 
However, the Commission does intend to inform Parliament and to send it the 
text of the agreement, together with its proposal for a decision and the 
explanatory memorandum, so that Parliament may, should it consider it 
advisable, deliver its opinion to the Commission and to the Council. 
41. The Council decision must be limited to making binding the provisions of the 
agreement concluded between the social partners, so the text of the agreement 
would not form par1 of the decision, but would be annexed thereto. 
42. ]f the Council decides, in accordance with the procedures set out in the last 
subparagraph of Article 4(2), not to implement the agreement as concluded by 
the social partners, the Commission will withdraw its proposal for a decision 
and will examine, in the light of the work done, whether a legislative instntment 
in the area in question would be appropriate. 
THE IMPLEMENTATION OF DIRECTIVES BY COLLECTIVE AGREEMENT 
43. Article 2( 4) of the Agreement states that a signatory Member State "may entrust 
management and labour. at their joint request. with the implementation of 
directives adopted pursuant to paragraphs 2 and 3". However, the Member State 
remains responsible for ensuring that "management and labour have introduced 
the necessary measures by agreement" and for taking "any necessary measures 
enabling it at any time to be in a position to guarantee the results imposed by 
1hat directive". This implementation of a directive by agreement must take place. 
"no later than the date on which a directive must be transposed in accordance 
with Article 189". 
44. This provas1on establishes, in the context of the ·Agreement, the general 
principle that directives may be implemented by collective agreement. This 
principle has been recognised in the case law of the Court of Justice3. It is also 
in line with the implementation requirements of the International Labour 
Organisation4 and the Council of Europe5. 
45. Article 2(4) of the Agreement must be interpreted in the light of the objectives 
set out in Article I of that same Agreement: promotion of dialogue between 
management and labour, taking account of the diverse forms of national 
practices, in particular in the field of contractual relations. 
46. 
3 
4 Article 2(4) does not require the Member States to introduce any particular or 
Case 91/81 [ 1982] ECR 2133~ Case 193/83 [ 1985] ECR 427. 
lLO Conventions Nos I 00, l 0 I, I 06, Ill, 171, 172, etc. 
Article 35 (I) of the European Social Charter. 
special procedures or that any explicit formal terms of reference be given to the 
social partners~ nor is there any need for them to submit a joint request prior 
to negotiations between them on an agreement for implementation of the 
directive. The actual conclusion of an agreement and its forwarding tQ the 
competent authority of the Member State should be regarded as a tacit joint 
request within the meaning of the first paragraph of Article 2( 4). 
47. Under the second subparagraph of Article 2(4) the Member State concerned 
remains responsible for ensuring that, no later than the date on which a 
directive must be transposed in accordance with Article 189, the social partners 
have introduced the necessary measures by agreement and for taking "any 
necessary measure enabling it at any time to be in a position to guarantee the 
results imposed by that directive". This wording, which is a slightly amended 
version of corresponding provisions in certain directives6, implies that the 
Member State concerned must provide for procedures to deal, where 
appropriate, with any shortcomings in the agreement implementing the directive, 
the purpose being to ensure that the workers concerned are in practice afforded 
their rights under the directive. 
48. Under Article 2(4), the Member State must "guarantee the results imposed by 
6 that directive", although it may entrust management and labour with its 
implementation. In this connection the reference in Article 1 of the Agreement 
to measures which "take account of the diverse forms of national practices, in 
particular in the field of contractual relations" is relevant. 
Article 2(1) of Council Directive 92/56/EEC of 24/6/1992: At1icle 9(1) of 
Council Directive 91/533/EEC of 14/10/1991. 
)/ 
CONCLUSION 
49. The new situation created by the co-existence of two legal frameworks for 
action in the social field will be complex to manage. 
The new role for the social partners is a good step forward but will need time 
to grow and develop. 
The Commission will do all it can to operate these new procedures in an 
efficient but flexible manner. The important point at this early stage of 
implementing the new mechanisms is to allow space for natural evolution. The 
creation of heavy structures is not likely to yield the best results at this early 
stage. 
The Commission feels that this Communication lays down the groundrules for 
the implementation of the new procedures so that business can be conducted 
efficiently and openly. The Commission sees this as a dynamic process which 
will develop with time and will require re-examination at some later stage. 
To this end, the Commission has decided to make provision for a regular 
pattern of appraisal and re-examination in cooperation with the Council, the 
Parliament and the social partners themselves in the light of experience gained. 
Annex I 
OVERVIEW OF THE MAIN LEGAL BASES FOR SOCIAL POLICY MEASURES 
MAASTRICHT PROTOCOL 
QUALIFIED MAJORITY (44/66) 
POSSffiLE (Art. 2 (I)) 
improvement in particular of the 
working environment to protect 
workers' health and safety 
working conditions 
the information and consultation of 
workers 
equality between men and women 
with regard to labour market 
opportunities and treatment at work 
the integration of persons excluded 
from the labour market EC TREATY 
QUALIFIED MAJORITY (54/76) 
POSSIBLE 
.Art. 49: free movement of workers 
.Art. 54: freedom of establishment 
.Art. 57: 1nutual recognition of diplomas 
.Art. 125 (new): ES 
(application decision) 
.Art. 127 (new): vocational training 
.Art. 118a: health and safety at work 
.Art. I OOa. Art. 43: agriculture: Ar1. 75: 
transpor1 
UNANIMITY {11) REQUIRED (Art. 2 (3)) 
social security and social protection of 
workers 
protection of workers where their 
employment contract is terminated 
representation and effective defence of 
the interests of workers and employers, 
including eo-determination 
conditions of employment for third-
country nationals legally residing in 
Community territory 
financial contributions for promotion of 
employment and job creation 
EXPLICITLY EXCLUDED FROM 
COMMUNITY 
JURISDICTION (Article 2 (6)) 
pay 
right of association, the right to strike, 
the right to impose lock-out. UNANIMITY ( 12) REQUIRED 
.Art 51: social security (measures 
necessary for freedom of movement) 
. Art. I 00: internal m ark et 
.Art. 130d: tasks, priority objectives 
and organisation of the Structural 
Funds 
.Art. 235 
t:' L ) "1 
Annex 2 
Social partners' organisations currently complying with the criteria set out in paragraph 
24 of the {~ommunication 
1. General cross-industry organisations: 
lJnion of Industrial and Employers' Confederations of Europe (UNICE) 
European Centre of Enterprises with Public Participation (CEEP) 
European Trade Union Confederation (ETUC) 
2. !:ross -industry organisations representing certain categories of workers or 
!tndertaki ngs: 
E /J R.-C f.>tl1I 
European Association of Craft, Small and Medium-Sized Enterprises (UEAPME ~nd 
other associated organisations) 
Confederation europeenne des cadres (CEC) 
Eurocadres 
3. Specific organisations: 
EUROCHAMBRES 
4. Sectoral organisations with no cross-industry aftiliationM· 
Eurocom merce 
COP A/COGECA 
Sectoral organisations of UNICE and committees of the ETUC will also be consulted as 
required (see category I). 
Association of European Cooperative Insurers, AECl 
International Association of Insurance and Reinsurance Intermediaries, BIPAR 
European Insurance Comtnittee, CEA 
Banking Federation of the European Community 
Savings Banks Group of the European Community, GCECEE 
Association of Cooperative Banks of the EC 
European Timber Association, ET A 
Confederation of the National Hotel and Restaurant Associations in the European 
Community, HOTREC 
European Construction Industry Federation 
European Regional Airlines Association, ERA 
1nternational Civil Airports Association, ICAA 
Association des transports aeriens a la demande 
Association of European Community Airlines, AECI 
Association of European Airlines, AEA 
Organisation europeenne des bateliers 
]nternational Union for Inland Navigation 
European Community Shipowners Association 
Community of European Railways 
1 nternational Road Transport Union 
Annex 3 
Main Findin~:s of the "Social Partners Study (Representativeness)" 
The main purpose of the study is to get an overview of what is represented by a number 
of European federations at all-industry level (the exact choice is explained below). It does 
not aim to give a full description covering all representative all-industry or sectoral social 
partners' organisations at European or national level. 
Key questions dealt with in the initial phase (the expert reports) 
In the first phase of the study a report consisting of two parts was made for each Member State 
by an independent expert from that country. The first part of the expert reports supplied the basic 
data which show how the following issues of representativeness of employers' and trade union 
organisations are dealt with within the framework of both formal consultations and collective 
bargaining: 
if systems for formal or mutual recognition of social partners exist, what criteria are used 
to establish whether they are representative? 
the existence of formal mechanisms for consulting social partners at national, sectoral or 
regional levels: who is involved? 
in the context of both formal consultations (at national, regional or sectoral levels) and 
of negotiations, an inventory of relevant legal, administrative and political rules 
concerning trade unions and employers organisations, in particular rules regarding the 
inclusion and/or exclusion of certain organisations. 
The second part of the expert reports consisted of "individual factsheets" for each relevant (within 
the context of the study) organisation of employers and trade unions in that country, indicating: 
type: its area of activity (industries covered)~ 
quantitative data: about its membership and affiliated organisations~ 
qualitative men1bership data: what type of membership (e.g. over-or under-
representation of certain categories or sectors)~ 
collective bargaining role: to what extent is the organisation involved in concluding 
collective agreemements~ 
role in consultations: its involvement in formal consultations at national level (if more 
appropriate, at regional or sectoral levels)~ 
5} 
2 
links of the organisation with other organisations, 1n particular membership of 
organisations at a higher level (national, EC), and 
representation, directly and indirectly, in the annual IL0-1neetings. 
Choice of organisations covered by the study 
The study deals with European federations of employers' and trade union organisations at all­
industry level. The selection of "relevant" organisations for the purpose of this study was carried 
out as follows: 
Included are federations with tnember organisations having a clear vocation to represent the 
interests of their members as either employers or trade union organisations both in the context 
of negotiations (with the "other side") and in consultations. Some organisations are included in 
the study although it was not a priori fully clear to what extent they would satisfy this criterion, 
one of the purposes of the study being to clarify their nature. Some organisations were added to 
the list of "relevant" organisations, because they had made explicit requests to the Commission 
to be considered for inclusion in the Social Dialogue. 
More specifically, twelve confederations were chosen, for the following reasons: 
UNICE, CEEP and ETUC because they are already participants in the social dialogue at 
European level; 
on the trade union side the two following organisations who seek participate in the social 
dialogue: CEC and CESI; 
on the employers' side UEAPME, EUROPMI and possibly EMSU who have made similar 
requests on behalf of SME's; AECM and CEDI, which equally represent SME's at the 
European level, have been added to permit a more complete comparison between these 
"competing" organisations; 
EUROCOMMERCE, although not an all-industry, but a multi-sectoral organisation also 
\\:ith substantial SME-membership, has also requested to be recognized as the first 
representative of the trade sector in social affairs, rather than UNICE. ECWIT A, a 
partially competing sectoral federation (with EUROCOMMERCE), was included to clarify 
the situation regarding the (wholesale) trade sector. 
The fact that no other sectoral federations were included, does not imply that they would be of 
less representative significance, both in their own sector or at European level, but only means that 
in the other sectors questions concerning representativeness did not arise in a similar way. 
3 
The inclusion of certain federations in this study therefore in no way prejudges their 
representativeness. It mainly means that there was a need to have more information about 
what they represent and about their (inter)relationships. Some other European 
organisations, which are in themselves much more important than some of the ones just 
mentioned, were not included because there was no need, within the context of the 
application of the Social Protocol, to have such clarification about them. 
Methodology used 
The study was carried out in the period September 1992 -July 1993. Initially the work was 
mainly done by the national experts selected by the Commission who were responsible for 
drafting a report about their own country with the contents described above. In a next phase all 
twelve country reports were analysed and summarised by the services of DG V in the form of 
so-called .. quick analyses .. Part A and Part B, which were largely based upon the reports but 
which also contained data which were supplied by the expert to the Commission after closure of 
their final report. 
These documents were then sent to the twelve European federations examined to give them an 
opportunity to react to their descriptions, and to verify the correctness of the data, in particular 
those relating to their own organisation. In most cases the provisional findings were also 
discussed with them (in informal, bilateral meetings). Similarly, the documents have been the 
subject of extensive discussions with the national administrations of the Member States (in most 
cases the Ministry of Labour or Social Affairs), which have been closely involved in this study 
project from the beginning in Septetnber 1992 through the meetings of the Directors General for 
Working Relations and have all corrected the initial drafts. 
The latest draft is therefore still based on the initial work of the national experts, but it has 
also incorporated rnany con1ments and data corning fron1 the consulted organisations and 
adn1 inistrations. 
The study addresses the following questions in particular: 
1. What systems for recognition of social partners do exist in the Member States? 
For collective bargaining, in most countries mutual recognition is the basic mechanism, but 
additional formal or legal requirements may have to be fulfilled. In several countries there are 
mechanisms (for example quantitative criteria established by law or otherwise) to make a 
distinction between organisations with (the most) substantial membership and those which are 
less representative. 
For other purposes (for example representation on consultative bodies:L 
there are in half of the Metnber States formal recognition mechanisms which have different or 
additional features to the ones used for collective bargaining purposes. 
4 
The study shows that there is a great diversity in the Member States in the systems and 
mechanisms used for recognition of social partners' organisations and that it is difficult to identify 
a common denominator which could easily be transposed to the Community level, apart from the 
principle of mutual recognition for negotiation purposes. 
2. In the formal systems for recognition of social partners, what criteria are used to 
establish whether they are representative? 
These systems, if they exist, make use (sometimes implicitly) of quantitative criteria of various 
types in about half of the Member States. Generally speaking, qualitative criteria appear to be 
at least as important. The study confirms the great diversity in approaches used. 
3. What formal mechanisms for consulting social partners exist at national level? 
Most Member States have at least one formal body for consultation of the social pa11ners, of 
varying significance. Some kind of "Social and Economic Council" is the most prevailing type. 
4. Who is involved in those formal consultations? 
As a general rule the major national "umbrella" federations affiliated to UNICE and ETUC 
occupy most of the seats in the formal consultative bodies listed under 3. However, in most cases 
a smaller number of seats is attributed to other organisations. 
5. What do the twelve independent EC-Ievel organisations of employers or trade unions 
examined represent in each Member State? What can be inferred froan this concerning their 
"significance" or representativeness at the level of the European Contmunity? 
The study summarizes what each of the twelve European federations examined basically 
represents at the level of each Member State, without going into much detail about any 
weaknesses or strengths they might have in specific sectors. 
However, on the basis offue findings of the study it is possible to come to the following analysis 
of the organisations examined. 
I On the employers' side: 
The most representative general all-industry employers' federation is UNICE~ CEEP is 
also generally recognised as an employers' federation at European level. 
Employers federations or associations which are very representative for specific categories 
of enterprises or specific aspects of their activities, in particular: 
When SME's are concerned: UEAPME (and its joint structure with EUROPMI); 
Possibly under the same heading also EUROCOMMERCE, which is a 
representative multi-sector organisation with many SME-members and which 
claims that its members employ about 20 million people (but considerable overlap 
5 
with UNICE). One could, however, also find arguments for considering it to be 
a most representative employers' organisation of the trade sector; 
When training or employment initiatives are concerned for instance organisations 
like EUROCHAMBRES, CECOP, YES FOR EUROPE; 
When the liberal professions are directly concerned: SEPLIS (not covered by the 
study,its representativeness remains to be established). 
Substantially representative sectoral employers federations or associations which will be 
consulted on proposals directly relating to their specific sectors. 
ll On the trade union side: 
The most representative general all-industry trade union federation is ETUC. There is 
another general trade union federation which claims to be representative at European 
level: CESI. However, its total membership, which is to be found predominantly in the 
public and semi-public sectors, is believed to be at most approximately a tenth of the 
ETUC. CESI has no affiliates in Denmark, Greece and Ireland. The role of its member 
organisations in both collective bargaining and in formal consultations at national level 
is not very significant in most other Member States. CESI is not likely to be recognized 
by the employers' federations as a very significant negotiating partner at the EC-Ievel. 
Trade union federations or associations which are very representative for specific 
categories of workers, in particular in respect of higher white-collar employees and 
managerial staff: CEC. The same category is also organized inside ETUC in 
EUROCADRES, which is believed to be at least as representative. 
Substantially representative sectoral trade union federations or associations which will be 
consulted on proposals directly relating to their specific sectors. 
The findings of the study are set out in three separate annexes: 
Annex I to the study presents its main findings. 
Annex ll to the study contains summary tables presenting an overview of the national affiliates 
of the twelve European Federations covered. The answers to question 5 are mainly derived from 
these tables. 
6 
In many cases the Federations have more than one affiliated organisation per country, and the 
tables do not always give an overview of all affiliates in that country (see explanatory notes to 
the tables). 
Annex m presents in much more detail than Annex I an overview of the answers to questions 
1 to 4, in separate chapters for each Member State. 
The three annexes to the study are available at the Commission for anyone who is interested. 
First consultation 
Second consultation Operational Chart 
showing the Implementation 
of the Agreement on Social Policy 
Continue 
track ~ 
E.P. and ESC 
informed No further action 
Consultation 
track Annex 4 
Cooperation 
t 
Depending 
on subject 
t 
Consultation