WRITTEN QUESTION No. 1087/96 by José BARROS MOURA to the Commission. European collective agreements
Date: 1996-05-13
Institutions: BARROS MOURA, European Parliament
Subjects: EU act, European convention, European social policy, collective agreement, direct applicability, framework agreement, national law, social partners













EUR-Lex - 91996E1087 - EN






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91996E1087

WRITTEN QUESTION No. 1087/96 by José BARROS MOURA to the Commission. European collective agreements  


Official Journal C 280 , 25/09/1996 P. 0115 





WRITTEN QUESTION E-1087/96 by José Barros Moura (PSE) to the Commission (13 May 1996)Subject: European collective agreementsArticle 4(2) of the Agreement on social policy annexed to the EU Treaty lays down that European collective agreements shall be implemented either in accordance with national procedures and practices (those of management and labour or of the Member States) or, in matters covered by Article 2, at the joint request of the parties, 'by a Council decision on a proposal from the Commission'.With regard to the framework agreement on parental leave, the Council has adopted a directive whose intention (Article 2(1)) is not to make the agreement binding in all the Member States but to oblige the Member States to achieve the result by adopting internal arrangements for applying collective agreements (conventional collective agreements or state agreements) within a given time limit.This being the case, in what does the notional and practical autonomy of the second part of Article 4(2) of the Agreement on social policy annexed to the EU Treaty consist in relation to the first part of that paragraph?Why was this measure not given the form of a decision, which, under Article 189 of the EU Treaty, is 'binding in its entirety upon those to whom it is addressed'?Answer given by Mr Flynn on behalf of the Commission (10 June 1996)There are two procedures for implementing agreements at Community level, either according to the social partners' internal procedures and practices or by a Council act on a proposal from the Commission and at the joint request of the signatory parties.The second procedure for implementing agreements between the social partners at Community level is likely to create obligations for the Member States, particularly concerning the mandatory direct application of these agreements or the need to draw up transposition provisions. In view of the wide range of provisions applicable to collective conventions at national level, this implementation procedure should enable agreements to be applied in a more uniform fashion.The term 'decision' within the meaning of Article 4(2) of the Agreement on social policy is a generic one referring to binding legislative acts under Article 189 of the EC Treaty. It is up to the Commission to propose to the Council which of the three binding instruments under the aforementioned article (regulation, directive or decision) would be the most appropriate. In this particular case, considering the nature (outline agreement) and the content of the social partners' text, it is clear that this outline agreement is destined to be applied indirectly by way of measures to be transposed, by the Member States or the social partners, into the Member States' national law. Consequently in this case the most appropriate instrument is a Council directive. Furthermore, in accordance with the commitments it has entered into, the Commission considers that the text of the agreement should not form part of the act, but be annexed to it.