WRITTEN QUESTION P-3828/00

by Niall Andrews (UEN) to the Commission

(30 November 2000)

Subject: European Works Council

As the Commission is aware the European Works Council was set up in 1996 with the objective of improving the information and consultation procedures between management and employees within an undertaking.

Will the Commission now agree to undertake a review of the European Works Council and examine, in particular, strengthening the information and consultation obligations so that information can be provided on a permanent basis, ensuring that consultation takes place in the planning stage before decisions are taken and that the right to training and to communicate is ensured for members of European Works Councils?

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.