WRITTEN QUESTION E-3850/00

by Joaquim Miranda (GUE/NGL) to the Commission

(7 December 2000)

Subject: Directive on European Works Councils

Pursuant to Article 15 of Directive 94/45/EC(1) of 22 September 1994, the Commission shall, not later than 22 September 1999 and in consultation with the Member States and with management and labour at European level, review the operation of that directive with a view to proposing suitable amendments to the Council, where necessary.

According to information received from Portuguese members of European works councils, there are major shortcomings in the application of the directive as regards informing and consulting workers' representatives: information is often given only verbally (since there are no documents available), it is extremely difficult to obtain any information between meetings of the works councils and consultation of the latter is not taken seriously by company managers, who often present their workers with faits accomplis.

Would the Commission therefore say what the situation is regarding the review of the above directive, the purpose of which should be to ensure that the rights which the directive is intended to establish can actually be enjoyed?

(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.