Amended proposal for a Council Directive on safeguarding the supplementary pension rights of employed and self- employed persons moving within the European Union
Date: 1998-05-27
Institutions: European Commission
Subjects: European social policy, freedom of movement, migrant worker, supplementary pension, transfer of pension rights

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

ir 

* 

Brussels,  27.05.1998 
COM(1998) 325  final 

97/0265 (CNS) 

Amended proposal for a 

COUNCIL  DIRECTIVE 

ON SAFEGUARDING  THE SUPPLEMENTARY  PENSION  RIGHTS 

OF EMPLOYED AND SELF-EMPLOYED  PERSONS 

MOVING WITHIN THE EUROPEAN  UNION 

(presented  by the Commission pursuant to Article  189 a (2) 
of the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On  8  October,  the  Commission  presented  a  proposal  for  a  Council  Directive  on 
the  supplementary  pension  rights  of  employed  and  self-employed 
safeguarding 
persons  moving  within  the European  Union1. 

The purpose of this Directive is to provide protection, as regards supplementary  pension 
schemes  (retirement,  invalidity  or  survivors),  for  the  pension  rights  of  workers  and 
members of their  families  who move  from  one  Member  State of the European  Union to 
another. Such protection covers, in particular, the preservation  of supplementary  pension 
rights  under  supplementary  schemes,  whether  membership  thereof  is  optional  or 
compulsory,  as  well  as  cross-border  payment  of  benefits  and  possible  cross-border 
affiliation  for posted workers. 

In the Green  Paper on Supplementary  Pensions  in the Single Market, the  Commission 
posed  a  number  of  questions  to  all  interested  parties  (including  governments,  social 
partners,  and  supplementary  pension  scheme  representatives)  which  are  intended  to 
deepen  the  analysis  of  the  remaining  problems  which  constitute  obstacles  to  free 
movement.  At  present,  the  Commission  services  are  analysing  the  reactions  of  all 
involved  parties and  in the  light  of the outcome  of  this debate, the Commission  could 
take further  action  in this area. 

The  Economic  and  Social  Committee  and  the  European  Parliament  have  been 
consulted  on  the  basis  of  Articles  51  and  235  of  the  Treaty,  and  the  Economic  and 
Social  Committee  has given a favourable  opinion  on the proposal. 

The  European  Parliament,  in  its  plenary  session  of  April  1998.  adopted  several 
amendments to the initial text of the Commission. 

The Commission  could accept  the majority  of the amendments  proposed by the 
European  Parliament  because these amendments clarify  the existing provisions. 

Therefore  the Commission  proposes, on the basis of Article  189 a. § 2 of the Treaty, to 
modify  its initial  proposal  in order to take account  of certain  amendments proposed by 
the European  Parliament  in its legislative  resolution. 

COM(97) 486 final, JO C-005 du 09.01.98, p. 4 

A 

COMMENT  ON  PROPOSED  MODIFICATIONS 

1. 

Amendment  consisting  in  the  addition  of  a  new  Recital  5a  after  the  5th 
Recital  of  the  initial  proposal. 

This  amendment  reflects  the  proposal  of  the  Economic  Affairs  Committee  of 
the  EP. 

2. 

Amendment  consisting  in  the  addition  of  a  new  Recital  7a  after  the  7,h 
Recital 

This  amendment  reflects  the  position  of  the  EP  which  would  like  to  cover  the 
situation  of 
forms  of 
employment  are  covered  by  the  proposal  of  the  Commission  implicitly.  The 
EP  is very  sensitive  to  this  aspect. 

temporary  and  part-time  employment. 

These 

3. 

Amendment  consisting  in  the  addition  of  a  new  Recital  12a  after  the  12"' 
Recital 

This  amendment  clarifies  that  this  Directive  is  a  first  step  on  removing 
obstacles  to  free  movement  and  that  there  is  a  need  for  further  action  in  the 
future  for  the  remaining  obstacles  relating  to  the  supplementary  pensions. 

4. 

Amendment  relating  to  the  13th  Recital 

This  amendment  clarifies  the  scope  of  Article  7 to  which  refers  Recital  13. 

5. 

Amendment  relating  to  Article 1 

This  amendment  clarifies  the  scope  of  the  Directive  by  insisting  that  this 
Directive  promotes  the  free  movement  of  employed  and  self-employed  persons 
within  the  European  Union. 

I 

Amendment  relating  to Article 2 

f3 

Amendment 
to  replace  the  words  "members  of  supplementary  pension 
schemes"  by  "persons  entitled  to  supplementary  pension  schemes"  and  the 
words  "members  of  their  families  and  their  survivors"  by  "other  entitled 
persons under such schemes".  This amendment  clarifies  certain  notions. 

7. 

Amendment  relating  to Article  3(a) 

that 

Amendment  clarifying 
the  notion  "supplementary  pension"  means 
invalidity, retirement  and  survivors'  benefits  intended  to supplement  or  replace 
those  provided  in  respect  of  the  same  contingencies  by  schemes  covered  bv 
Regulation (EEC)  n°  140S71. 

8. 

Amendment  relating  to Article  3(d) 

Amendment  consisting  of  clarifying  that  the notion  of "pension  rights" covers 
the invalidity, retirement  or survivors'  benefits. 

9. 

Amendment  relating  to Article 4 

This  amendment  consists  to  clarify  to  scope  of  Article  4  which  ensures  the 
principle of equal  treatment  between persons  moving within  the same  Member 
State  and  persons  moving  in another  Member  State, as  far  as  the  preservation 
of  vested  rights  is  concerned.  It  replaces  also  the  words  "members  of  their 
families  or  their  survivors"  by  the  words  "other  entitled  persons  under  these 
schemes". 

1.0. 

Amendment  relating  to Article 5 

Amendment  consisting  to  replace  the  words  "members  of  their  families  and 
their  survivors"  by  the  words  '"other  entitled  persons  under  these  schemes". 
As  for  amendment  relating  to  Article  2.  this  amendment  intends 'to clarifv  the 
personal scope of the  Directive 

11. 

Amendment  relating  to Article  12(3) 

Amendment  consisting  to  reduce  the  6  years  period  to  present  a report  on  the 
implementation  of the  Directive  to a four  years period. 

3 -4 

PROPOSAL  FOR  A  COUNCIL 
DIRECTIVE  COM(97)  486  final  of  8 
October  1997  on  safeguarding 
the 
of 
rights 
supplementary 
employed  and  self-employed  persons 
moving within the European Union 

pension 

AMENDED  PROPOSAL  FOR  A 
DIRECTIVE 
COUNCIL 
on 
safeguarding 
supplementary 
the 
pension  rights  of  employed  and  self-
employed  persons  moving  within  the 
European  Union 

PREVIOUS  VERSION 
presented  by the Commission  on 8 
October  1997 

NEW VERSION 
Taking account of certain  amendments 
of the European  Parliament 

THE COUNCIL  OF THE 
EUROPEAN  UNION, 

Unchanged 

Having  regard  to  the  Treaty  establishing 
the  European  Community, 
in 
and 
particular Articles 51 and 235 thereof, 

Having  regard  to  the  proposal  from  the 
Commission (1), 

Having  regard 
European Parliament (2), 

to  the  opinion  of  the 

Having  regard 
to 
Economic and Social Committee (3), 

the  opinion  of  the 

Whereas one  of the  fundamental  freedoms 
of the Community  is the free movement of 
persons;  whereas  the  Treaty  establishing 
the European Community provides that the 
Council  shall,  acting  unanimously,  adopt 
in  the  field  of  social 
such  measures 
security  as  are  necessary 
to  provide 
freedom  of movement of workers; 

Whereas  the  social  security  of  workers  is 
security 
assured  by 
schemes  and  by  supplementary  social 
security schemes; 

statutory 

social 

Whereas the legislation already adopted by 
the  Council  with  a  view  to  protecting  the 
social  security  rights  of  workers  moving 
within  the  Community  and  of members  of 
and  more  particularly 
their 

family, 

Unchanged 

Unchanged 

Unchanged 

5" 

Regulations  (EEC)  Nos  1408/711  and 
574/722  concern  only  statutory  pension 
schemes; 

on 

June 

16-17 

Whereas the European  Council  meeting  in  Unchanged 
Amsterdam 
1997 
reaffirmed  the  importance  it  attaches  to  a 
properly  functioning  Single  Market  as  an 
essential  element  of the overall  strategy to 
promote 
economic 
competitiveness, 
growth  and  employment  throughout  the 
Union; 

Whereas  to  this  end,  in  its  Resolution  on  Unchanged 
Growth  and  Employment,  the  European 
Council  meeting  in  Amsterdam  on  16-17 
June  1997  has  agreed  concrete  action  on 
making  maximum  progress  with  the  final 
completion  of  the  Single  Market:  making 
the  rules  more  effective,  dealing  with  the 
main 
distortions, 
competition, 
avoiding 
removing  the  sectorial  obstacles to market 
integration  and delivering  a Single Market 
for the benefit  of all citizens3; 

remaining  market 

harmful 

tax 

Recital 5a (new) 
Whereas the free  movement  of workers  is 
not  only  an  essential  element  for  the 
proper  functioning  of  the  single  market 
but  also  a  condition  for 
the  proper 
functioning  of  Economic  and  Monetary 
Union. 

Unchanged 

in 

its 

Recommendation 
Whereas 
92/442/EEC  of  27  July  1992  on  the 
convergence of social protection  objectives 
and  policies4  the  Council  recommends,  in 
point LB.5 (h), that Member  States should 
"promote, where necessary, changes to the 

OJ No  L149,  5.7.1971, p.2  ; Regulation  as updated  by Council  Regulation  (EC) No  118/97 of 
2 December  1996 amending and updating Regulation  (EEC) No  1408/71 on the application  of 
social  security  schemes to employed  persons  and to members  of their  families  moving  within 
the  Community  and  Regulation  (EEC)  No  574/72 
for 
implementing Regulation  (EEC) No  1408/71 (OJNo  L28, 30.1.1997) 
OJ no L74, 27.3.1972, p.  1 ; Regulation  as updated  by Council  Regulation  (EC) No  118/97 
OJ No C236,  2.8.1997 
OJ No  L245, 26.8.1992, p.49 

the  procedure 

laying  down 

conditions  governing  the  acquisition  of 
pension  and,  especially,  supplementary 
pension  rights  with  a  view  to  eliminating 
obstacles  to  the  mobility  of  employed 
workers"; 

Whereas  this  objective  can  be  achieved  Unchanged 
only  if  supplementary  pension  rights  are 
afforded  appropriate  protection  when  a 
worker  moves  from  one  Member  State  to 
another; 

Recital 7a  (new) 
Whereas  adequate  pension  rights  must  be 
better  guaranteed  in  respect  of  temporary 
and  part-time  employment,  which 
is 
becoming increasingly common; whereas, 
therefore,  the  Commission  should  also 
take  account  of  such  employment  when 
formulating  pension proposals. 

for  Unchanged 

freedom  of  movement 

Whereas 
persons,  which  is  one  of  the  cornerstones 
of  the  Community,  is  not  confined  to 
employed persons but also extends to self-
employed  persons  in the framework of the 
freedom  of establishment  and the  freedom 
to provide services; 

Whereas,  in  order  to  enable  the  right  to  Unchanged 
free  movement to be exercised  effectively, 
workers  should  have  certain  guarantees 
regarding  the  preservation  of  their  vested 
rights 
supplementary 
from 
deriving 
pension schemes; 

Whereas  the  Member  States  should  take  Unchanged 
the  necessary  measures  to  ensure  that 
benefits  under  supplementary  pension 
schemes  are  paid  to  members  and  former 
members thereof as well  as to members of 
their  families  or  their  survivors  in  all 
Member  States  of  the  European  Union, 
given  that  all  restrictions  on  the  free 
movement  of  payments  and  capital  are 
now  prohibited  under  Article  73b  of  the 
Treaty 
European 
Community; 

establishing 

the 

A-

Whereas  in  order  to  facilitate  the  exercise  Unchanged 
of  the  right  to  free  movement,  national 
regulations  should  be  adjusted  in  order  to 
enable  contributions  to  continue  to  be 
supplementary 
made 
pension 
in  one 
Member  State  by  or  on behalf  of  workers 
who  are  posted,  for  a  short  duration,  to 
another Member State; 

to  an  approved 

established 

scheme 

of 

the 

only 

abolition 

Whereas in this regard the Treaty requires  Unchanged 
not 
any 
discrimination  based  on  nationality  but 
also 
the  elimination  of  any  national 
measure  likely  to  impede  or  render  less 
attractive  the  exercise  by  workers  of  the 
fundamental  freedoms  guaranteed  by  the 
Treaty  as  interpreted  by  the  Court  of 
Justice in successive judgements; 

the 

towards 

regulation  of 

Recital  12a (new) 
Whereas  this  directive  is  merely  a  first 
step 
the 
supplementary  pension  system  with  the 
aim of removing  obstacles to the  mobility 
of workers; whereas, where necessary, the 
Council  will  in future  adopt  further  legal 
acts 

Whereas this Directive  in the limited  field 
of  application  of  posted  workers 
is 
without  prejudice  to  the  need  to  find  a 
suitable  solution  to  the  wider  problem  of 
the  taxation  of  supplementary  pensions 
within the  Community. 

Whereas this Directive in the limited  field 
of  application  of  posted  workers 
is 
without  prejudice  to  the  need  to  find  a 
suitable  solution  at  Community  level  to 
the  wider  problem  of  the  taxation  of 
supplementary 
the 
Community,  in  particular  concerning  the 
tax 
supplementary 
pension  contributions  and  the  taxation  of 
the final  benefits. 

pensions  within 

deductibility 

of 

Whereas  workers  exercising  their  right  to  Unchanged 
free  movement  should  be  adequately 
informed 
of 
supplementary 
schemes, 
particularly  with  regard  to the  choices and 
alternatives available to them; 

the  managers 
pension 

by 

% 

is  without  Unchanged 

applicability 

this  Directive 
the 
to 

Whereas 
to 
prejudice 
supplementary  pension  schemes  of  the 
single  market  rules  and  the  competition 
rules  of 
the 
European  Community; 

the  Treaty  establishing 

Whereas,  by  reason  of  the  diversity  of  Unchanged 
supplementary  social security schemes, the 
Community  should 
lay  down  only  a 
general  framework  of  objectives,  leaving 
the  Member  States  to  choose  freely  what 
measures  to  adopt  to  implement  those 
objectives; 

Whereas  the  Member  States,  in  order  to  Unchanged 
attain  these  objectives,  must  adjust  their 
national  laws  and,  this  being  the  case,  a 
legal 
directive 
instrument; 

appropriate 

the 

is 

Whereas, in accordance with the principles  Unchanged 
of  subsidiarity  and  proportionality  as  set 
out  in  Article  3b  of  the  Treaty,  the 
objectives  of  this  Directive  cannot  be 
the  Member 
sufficiently  achieved  by 
States and can therefore  be better  achieved 
by the Community; whereas this  Directive 
limits  itself  to  the  minimum  required  for 
the attainment of those objectives and does 
not  go  beyond  what  is  necessary  for  that 
purpose; 

Whereas one of the fundamental  freedoms  Unchanged 
of the Community  is the free movement of 
persons;  whereas  the  Treaty  establishing 
the European Community provides that the 
Council  shall,  acting  unanimously,  adopt 
in  the  field  of  social 
such  measures 
to  provide 
security  as  are  necessary 
freedom  of movement of workers; 

HAS ADOPTED THIS  DIRECTIVE 
Article 1 

The  aim  of this  Directive  is to  ensure that 
appropriate  protection  is  given  to  rights, 
acquired  or in the course of acquisition, of  self-employed 

The aim of this Directive is to promote the 
and 
of 
free  movement 
the. 

employed 
persons  within 

R 

of 

supplementary 

members 
pension 
schemes  who  move  from  one  Member 
State 
to  another  within  the  European 
Union.  Such protection  refers  in particular 
to the preservation  of pension rights under 
compulsory 
both 
supplementary  pension  schemes,  with  the 
exception  of  schemes  already  covered  by 
Council Regulation (EEC)N°  1408/71. 

voluntary 

and 

European  Union  by  ensuring  that  the 
to 
pension  rights  of  persons  entitled 
supplementary  pensions  and  who  move 
from  one  Member  State  to  another  are 
suitably  protected.  Such  protection  refers 
to  pension  rights  under  both  voluntary 
and  compulsory  supplementary  pension 
schemes  with  the  exception  of  schemes 
covered by Regulation No  1408/71. 

Article 2 
This  Directive  shall  apply  to  members  of 
supplementary  pension  schemes who have 
acquired  or are  in the process of  acquiring 
rights  in one  or  more  Member  States, and 
to  members  of  their  families  and  their 
survivors. 

to 

This  Directive  shall  apply  to 
persons 
pension 
supplementary 
entitled 
schemes  and  other entitled  persons  under 
such schemes who have acquired or are in 
the  process  of  acquiring  rights  in  one  or 
more Member  States 

SECTION 2 

Definitions 

Article 

For the purpose of this Directive: 

and 

retirement 

"supplementary  pension"  means 
a) 
invalidity, 
survivors' 
benefits  intended to  supplement  or replace 
those  provided  in  respect  of  the  same 
contingencies  by  statutory  social  security 
schemes; 

'supplementary 

retirement 
to 

pension'  means 
a) 
and 
survivors' 
invalidity, 
benefits 
supplement  or 
replace  those  provided  in  respect  of  the 
same  contingencies  by  schemes  covered 
by Regulation (EEC) No  1408/71. 

intended 

"supplementary  pension  scheme"  Unchanged 

b) 
means  any  occupational  pension  scheme 
and  collective  arrangement  serving  the 
same  aim,  such  as  a  group  insurance 
contract,  branch  or  sectoral  pay-as-you-go 
scheme, 
scheme  or  pension 
promise backed by book reserves, intended 
to  provide  a  supplementary  pension  for 
employed or self-employed  persons; 

funded 

"approved  supplementary  pension 
c) 
scheme"  means  a  supplementary  pension 
scheme  which,  in  the  Member  State  in 
the 
which 
conditions  required  by that Member  State 

is  established,  satisfies 

it 

Unchanged 

AO 

for  the  granting  of  particular  tax  reliefs 
to 
available 
that 
supplementary  pension provision; 

relation 

are 

in 

"pension 

rights"  means 

invalidity, 
d) 
benefits  to  which  a  scheme  member  is  retirement  or  survivors'  benefits  to  which 
entitled  under  a  supplementary  pension  a  scheme  member  is  entitled  under  a 
scheme; 

supplementary  pension scheme. 

'pension  rights'  means  any 

any 

"vested  pension  rights"  means  any  Unchanged 
e) 
rights 
the 
to  benefits  obtained  after 
fulfilment  of  the  minimum  conditions,  in 
particular  of  vesting  periods,  required  by 
the  rules  of  a  supplementary  pension 
scheme.  "Vesting  period"  means  any 
for 
period 
admission 
to  a  supplementary  pension 
scheme  and  for  the  acquisition  of  rights 
thereunder; 

consideration 

taken 

into 

"Worker" means an employed  or a  Unchanged 

f) 
self-employed  person; 

Unchanged 

g) 
"Posted  worker"  means  a  worker 
who is posted to work in another  Member 
State  and  who  under  the  terms  of  Title  II 
of  Regulation  (EC)  1408/71  continues  to 
be  subject 
the 
Member  State  of  origin,  and  "Posting" 
shall be construed  accordingly; 

legislation  of 

the 

to 

h) 
"Member  State  of  origin"  means 
the  Member  State  in  which  a  worker  has 
worked  immediately  prior  to  the  posting 
and  in  which  the  supplementary  pension 
scheme  of  which  he  is  a  member  is 
established; 

Unchanged 

i) 
"host  Member  State"  means  the 
Member State to which a worker is posted. 

Unchanged 

SECTION 3 

for 

protecting 

the 
Measures 
supplementary 
of 
workers  moving  within  the  European 
Union 

pension 

rights 

A\ 

Article 4 

in 

Member  States  shall  take  the  necessary 
measures to ensure that the vested  pension 
rights  of  supplementary  pension  scheme 
members  are  preserved  when  they  move 
from  one  Member  State  to  another  within 
the  European  Union.  To  this  end  Member 
States shall  ensure that full  preservation of 
vested  pension  rights  shall  be  guaranteed 
for  members 
respect  of  whom 
contributions  are no  longer  being  made to 
a  supplementary  pension  scheme  as  a 
consequence  of  their  moving  from  one 
Member  State  to  another,  at  least  to  the 
same  extent  as  for  members  in  respect  of 
whom  contributions  are  no  longer  being 
made  but  who  remain  within  the  Member 
State in question. This provision  shall also 
apply  to  members  of  their  families  and 
their survivors. 

Article 5 

Member  States shall ensure that, in respect 
of  members  of  supplementary  pension 
schemes,  as  well  as  members  of  their 
families 
survivors, 
supplementary  pension  schemes  make  full 
payment  in  other  Member  States  of  all 
benefits  due under such schemes. 

their 

and 

Article 6 

1.  Member  States  shall  adopt  such 
measures  as  are  necessary 
to  enable 
contributions  to  continue  to be  made  to a 
scheme 
supplementary 
established  in the  Member  State  of  origin 
by or on behalf  of a posted worker who is 
a  member  of  such  scheme  during  the 
period  of  his  or  her  posting  to  the  host 
Member  State. 

pension 

this  Article, 
2.  Where,  pursuant 
contributions  continue  to  be  made  to  a 
supplementary  pension  scheme  in  the 

to 

that 

to  ensure 

Member  States  shall  take  the  necessary 
measures 
the  vested 
pension  rights  of  supplementary  pension 
scheme members are preserved when they 
move  from  one  Member  State  to  another. 
To  this  end,  Member  States  shall  ensure 
that  full  preservation  of  vested  pension 
rights  shall  be  guaranteed  for  members, 
even if_ contributions  are no  longer  being 
made to a supplementary  pension  scheme 
as  a  consequence  of  their  moving  from 
one Member  State to another, to the  same 
extent as for  members in respect of whom 
contributions  are  no  longer  being  made 
but  who  remain  within  the  Member  State 
in  question.  This  Article  shall  also  apply 
these 
to  other  entitled  persons  under 
schemes. 

that, 

Member  States  shall  ensure 
in 
respect  of  members  of  supplementary 
pension  schemes,  as  well  as  members  of 
other 
these 
entitled  persons  under 
schemes, supplementary  pension  schemes 
make  full  payment 
in  other  Member 
States  of  all  benefits  due  under  such 
schemes. 

Unchanged 

At 

Member  State of origin, the host  Member 
State  shall  recognise  these  as  equivalent 
to  a  supplementary 
to  contributions 
pension  scheme 
in  the  host  Member 
State. 

Article 7 

Where  contributions  continue  to  be  made 
in  accordance  with  Article  6  (1)  to  an 
approved  supplementary  pension  scheme, 
a  host  Member  State  shall,  to  the  extent 
that 
treat  such 
taxing  rights, 
contributions  in the same way  as it would 
treat  contributions  paid  to  a  comparable 
approved  supplementary  pension  scheme 
established  in the host Member State. 

it  has 

Article 8 

schemes 

Member  States  shall  take  measures  to 
ensure  that  managers  of  supplementary 
pension 
adequate 
information  to scheme members as to their 
pension  rights  and  the  choices  which  are 
available  to  them  under  the  scheme  when 
they move to another Member State. 

provide 

Unchanged 

Unchanged 

SECTION 4 

Final Provisions 

Article 9 

Member  States  may  provide 
that  the 
provisions  of Article  6 shall  apply  only to 
postings  that  commence  on  or  after  the 
date of entry into force of this Directive. 

Unchanged 

Article 10 

Member  States  shall  introduce  into  their 
national  legal  systems  such  measures  as 
are  necessary  to  enable  all  persons  who 
consider  themselves  wronged  by failure  to 
apply  the  provisions  of  this  Directive  to 
pursue  their  claims  by  judicial  process 
after  possible  recourse  to  other  competent 

Unchanged 

M 

Unchanged 

authorities. 

Article 11 

to 

Member  States  shall  lay  down  the  system 
of  penalties  for  breaching  the  national 
provisions  adopted  pursuant 
this 
Directive,  and  shall  take  all  the  measures 
necessary to ensure that those penalties are 
applied.  The  penalties  thus  provided  for 
shall  be  effective,  proportionate  and 
shall 
dissuasive.  Member 
communicate the relevant provisions to the 
Commission  not  later  than  18  months 
following  the  entry  into  force  of  this 
Directive  and  shall  communicate  any 
subsequent changes as soon as possible. 

States 

Article 12 

and 

later 

regulations 

1. Member  States shall bring into force the  Unchanged 
administrative 
laws, 
provisions  necessary  to  comply  with  this 
Directive  not 
than  18  months 
following  the date of its entry into force, or 
shall  ensure  by  that  date  at  the  latest  that 
management  and 
the 
required  provisions  by  way  of  agreement; 
the  Member  States  being  obliged  to  take 
all  necessary  steps  enabling  them  at  all 
times  to  guarantee  the  results  imposed  by 
this  Directive:  They  shall  immediately 
inform the Commission thereof. 

introduce 

labour 

adopt 

When  Member  States 
these 
provisions,  these  shall  contain  a  reference 
to  this  Directive  or  shall  be  accompanied 
by  such  reference  at  the  time  of  their 
official  publication.  The  procedure  for 
such 
shall  be  adopted  by 
reference 
Member States. 

They  shall  inform  the  Commission  of  the 
national 
to  be  contacted 
regarding the application of this Directive. 

authorities 

2.  Not  later  than  two  years  following,  the 
entry  into  force  of this  Directive,  Member 

Unchanged 

AU 

shall 

communicate 

the 
States 
Commission  the  text  of  the  provisions  of 
national  law  which  they  adopt  in the  field 
covered by this Directive. 

to 

Member  States  shall  supply,  by  the  same 
date,  a  correlation  table  showing  the  pre 
existing national provisions or those which 
have  been  introduced  in  order  to  comply 
with each provision of this Directive. 

3. On the basis of the information  supplied 
by  Member  States,  the  Commission  shall 
draw  up  a  report  for  submission  to  the 
European  Parliament,  the  Council  and  the 
Economic  and  Social  Committee,  within 
six  years  of  the  entry  into  force  of  this 
Directive. 

On  the  basis  of  the  information  supplied 
by  Member  States,  the  Commission  shall 
draw  up  a  report  for  submission  to  the 
European  Parliament,  the Council  and  the 
Economic  and  Social  Committee,  within 
four  years  of  the  entry  into  force  of  this 
Directive. 

this  Directive  and 

The  report  shall  deal  with  the  application 
of 
shall,  where 
appropriate,  propose  any  amendments  that 
may prove necessary. 

Unchanged 

Article 13 

This Directive  shall enter into force  on the 
twentieth  day 
its 
following 
publication  in  the  Official  Journal  of  the 
European Communities. 

that  of 

Unchanged 

Article 14 

This Directive  is addressed  to the  Member 
States. 

Done at Brussels, 

For the Council 
The President 

4 b 

ISSN 0254-1475 

COM(98) 325 final 

DOCUMENTS 

EN 

04  05  06  10 

Catalogue  number  :  CB-CO-98-329-EN-C 

ISBN  92-78-36363-4 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

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