WRITTEN QUESTION E-3893/00

by Robert Goebbels (PSE) to the Commission

(13 December 2000)

Subject: Review of the directive on European works councils

General opinion among European trade unionists with regard to European works councils is currently bordering on the hostile, reflecting disillusionment on the part of European trade unions after the enthusiasm generated by initial voluntary agreements.

Following the conclusion of over 400 voluntary agreements between 1994, the year in which the directive was adopted by the Council of Ministers, and 1996, the deadline for transposition of the provisions thereof into national legislation, negotiations have been brought to a successful conclusion in no more than about 30 multinational undertakings. Since a total of between 700 and 800 industrial groups are currently involved, this can only be described as a minimal success rate. Obviously progress is extremely slow.

Has the transposition into national law of Council Directive 94/45/EC(1) of 22 September 1994 on the establishment of a European works council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees been the subject of a general review?

Does the Commission not consider that a number of provisions of the directive require amendment with regard to:

1. communication and information,

2. the training of representatives,

3. improved recognition of European trade union federations?

(1) OJ L 254, 30.9.1994, p. 64.

Joint answer to Written Questions P-3828/00, E-3850/00 and E-3893/00 given by Mrs Diamantopoulou on behalf of the Commission

(19 January 2001)

The Commission's position on the question of revising Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(1) was set out as follows in its implementation report(2): The review process will continue taking into consideration the debates in the Council and in the European Parliament on the dossiers closely linked with the Directive (proposal for a Directive establishing a general framework for informing and consulting employees in the European Community(3), Draft Directive on employee involvement within the European Company). On the basis of the results of this review as well as on the basis of the evolution of the other dossiers the Commission will at the given moment decide on the possible revision of the Directive.

In this context, it should be noted that at the Nice European Council on 7/8 December 2000, a major breakthrough was achieved on the employee involvement aspects of the European Company dossier. Consequently, the European Council called on the Council to complete, before the end of the year 2000, the texts enabling the Statute for the European Company to be established. At an extraordinary meeting of the Council on 20 December 2000, a political agreement was reached on the two instruments which make up the European Company package: a Regulation with company law provisions(4) and an annexed Directive concerning employee involvement. After the re-consultation of the Parliament, both the Regulation and the Directive on workers' involvement will then be formally adopted by the Council.

In addition, the Nice European Council noted the substantial progress made in the negotiations on the proposal for a Council Directive establishing a general framework for informing and consulting employees and called on the Council to continue examining that directive.

Taking into account these recent developments, the Commission believes it wiser to concentrate on what is currently on the table at this stage, before launching the revision of the European Works Councils Directive. Meanwhile, the evaluation on the application of this Directive is continuing.

(1) OJ L 254, 30.9.1994.

(2) COM(2000) 188 final.

(3) OJ C 2, 5.1.1999.

(4) OJ C 263, 16.10.1989.