98/500/EC: Commission Decision of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (notified under document number C(1998) 2334) (Text with EEA relevance)
Date: 1998-05-20
Institutions: European Commission
Subjects: economic sector, employers' organisation, social dialogue (EU), trade union confederation

12. 8. 98

EN

Official Journal of the European Communities

L 225/27

COMMISSION

COMMISSION DECISION

of 20 May 1998

on the establishment of Sectoral Dialogue Committees promoting the Dialogue
between the social partners at European level

(notified under document number C(1998) 2334)

(Text with EEA relevance)

(98/500/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the Treaty states

the
Whereas Article 118b of
Commission is to endeavour to develop the dialogue
between management and labour at European level which
could, if the two sides consider it desirable, lead to rela-
tions based on agreement;

that

states

the Community Charter of

the
Whereas point 12 of
Fundamental Social Rights of Workers
that
employers or employers’ organizations, on the one hand,
and workers’ organizations, on the other, should have the
to negotiate and conclude collective agreements
right
under the conditions laid down by national legislation
and practice. The dialogue between the two sides of
industry at European level which is to be developed, may,
if the parties deem it desirable, result in contractual rela-
tions in particular at inter-occupational and sectoral level;

Whereas the situation in the various Member States
clearly demonstrates the need for the two sides of industry
to participate actively in discussions on the improvement
of living and working conditions in their sector; whereas a
sectoral dialogue committee attached to the Commission
is the most appropriate means of ensuring such particip-
ation, by creating at Community level a representative
forum for the socio-economic interests involved;

Whereas the Commission should endeavour to ensure
that the membership and the activities of the Sectoral
Dialogue Committees contribute to the promotion of
equality between women and men;

should be
the existing Joint Committees
Whereas
replaced by the Sectoral Dialogue Committees; whereas
the Decisions establishing those Committees
should
therefore be repealed,

Whereas the Commission in response to the Commun-
ication of 18 September 1996 concerning the develop-
the social dialogue at Community level (1)
ment of
received a strong support from all involved parties in its
suggestion to strengthen the sectoral social dialogue;

HAS DECIDED AS FOLLOWS:

Article 1

Whereas the European Parliament, in its Resolution of 18
July 1997 (2), responding to that Commission Commun-
ication, called for a specific importance to be attached to
the sectoral social dialogue since the impact of regulation
and/or deregulation on employment
in the economic
sectors can best be assessed within the sectoral dialogue;

Sectoral Dialogue Committees (hereinafter referred to as
‘the Committees') are hereby established in those sectors
where the social partners make a joint request to take part
in a dialogue at European level, and where the organ-
isations representing both sides of
the
following criteria:

industry fulfil

Whereas the Economic and Social Committee in its
responding to that
opinion of 29 January 1997 (3),
Commission Communication, stated that
the sectoral
dialogue must be effective, efficient and well-directed;

(1) COM(96) 448 final.
(2) OJ C 286, 22. 9. 1997, p. 338.
(3) OJ C 89, 19. 3. 1997, p. 27.

(a)

they shall relate to specific sectors or categories and be
organised at European level;

(b) they shall consist of organisations which are them-
selves an integral and recognized part of Member
States’ social partner structures and have the capacity
to negotiate agreements, and which are representative
of several Member States;

L 225/28

EN

Official Journal of the European Communities

12. 8. 98

(c) they shall have adequate structures to ensure their
effective participation in the work of the Committees.

Article 2

Each Committee shall, for the sector of activity for which
it is established,

(a) be consulted on developments at Community level

having social implications, and

(b) develop and promote the social dialogue at sectoral

level.

Article 3

The representatives of the two sides of industry taking
part in the meetings of each Committee shall number a
maximum of 40 in all, with an equal number of repre-
sentatives of the employers’ and workers’ delegations.

Article 4

The Commission shall invite the representatives to parti-
cipate in the meetings of the Committees on a proposal
from the social partner organisations which have made
the request set out in Article 1.

Article 5

Each Committee shall, together with the Commis-

1.
sion, establish its own rules of procedure.

2.
The Committees shall be chaired by a representative
of the employers’ or employees’ delegations or, at their
joint request, by a representative of the Commission.

3.
The Committees shall meet at least once a year. A
maximum of 30 representatives drawn from the two sides
of industry taking part in a meeting of a Committee shall
receive subsistence allowance and travelling expenses.

The Commission shall regularly review, in consulta-
4.
tion with the social partners,
the
Sectoral Committee and the pursuit of their activities in
the different sectors.

the functioning of

Article 6

If the Commission has informed a Committee that a
subject discussed relates to a matter of a confidential
nature, members of
the Committee shall be bound,
without prejudice to the provisions of Article 214 of the
Treaty, not to disclose any information acquired at the
meetings of the Committee or its secretariat.

Article 7

The Sectoral Dialogue Committees shall replace the

1.
existing Joint Committees, namely:

(a) Joint Committee on Maritime Transport established

by Commission Decision 87/467/EEC (1);

(b) Joint Committee on Civil Aviation established by

Commission Decision 90/449/EEC (2);

(c) Joint Committee on Inland Navigation established by

Commission Decision 80/991/EEC (3);

(d) Joint Committee on Road Transport established by

Commission Decision 85/516/EEC (4);

(e) Joint Committee

on Railways

established

by

Commission Decision 85/13/EEC (5);

(f) Joint Committee on Telecommunications Services
established by Commission Decision 90/450/EEC (6);

(g) Joint Committee on Social Problems of Agricultural
Workers established by Commission Decision 74/
442/EEC (7);

(h) Joint Committee on Social Problems in Sea Fishing
established by Commission Decision 74/441/EEC (8);

(i) Joint Committee on Postal Services established by

Commission Decision 94/595/EC (9).

However, the Committees established by those decisions
shall remain in office until
the Sectoral Committees
established by this Decision take office, but in any event
no later than 31 December 1998.

the

Subject

to Article

2.
Sectoral Dialogue
1,
Committee shall also replace other informal working
groups through which the Commission has heretofore
promoted the social dialogue in certain sectors not
covered by a Commission decision establishing a Joint
Committee.

3.
The Decisions referred to in points (a) to (i) of para-
graph 1 are repealed with effect from 1 January 1999.

Done at Brussels, 20 May 1998.

For the Commission

P(cid:145)draig FLYNN

Member of the Commission

(1) OJ L 253, 4. 9. 1987, p. 20.
(2) OJ L 230, 24. 8. 1990, p. 22.
(3) OJ L 297, 6. 11. 1980, p. 28.
(4) OJ L 317, 28. 11. 1985, p. 33.
(5) OJ L 8, 10. 1. 1985, p. 26.
(6) OJ L 230, 24. 8. 1990, p. 25.
(7) OJ L 243, 5. 9. 1974, p. 22.
(8) OJ L 243, 5. 9. 1974, p. 19.
(9) OJ L 225, 31. 8. 1994, p. 31.