WRITTEN QUESTION E-2535/00 by Herbert Bösch (PSE) to the Commission. Council Directive 94/45/EC on the establishment of a European Works Council.
Date: 2000-07-28
Institutions: European Parliament, Provisional data
Subjects: European Works Council, application of EU law, catering industry, multinational enterprise

3.4.2001

EN

Official Journal of the European Communities

C 103 E/175

(2001/C 103 E/200)

WRITTEN QUESTION E-2535/00

by Herbert B(cid:246)sch (PSE) to the Commission

(28 July 2000)

Subject: Council Directive 94/45/EC on the establishment of a European Works Council

BASS PLC, a concern which manages more than 2 800 hotels and 3 000 restaurants, concluded before
22 September 1996 a voluntary agreement, pursuant to Article 13 of Directive 94/45/EC (1), on the
establishment of a European Works Council, with the result that the existence of this agreement is
safeguarded beyond the date on which Member States are required to transpose the directive.

The agreement lays down arrangements for the election of workers(cid:146) representatives to the BASS European
Forum (BASS PLC(cid:146)s European Works Council) which completely disregard the procedures for the
legitimation of works councils laid down for Austria in that country(cid:146)s labour law.

Moreover, other provisions of the same agreement provide no guarantee that employees working on the
individual premises run by the BASS concern are represented by legitimate workers(cid:146) representatives, which
runs counter to the objective of Directive 94/45/EC, i.e. to improve the information and consultation of
workers in firms operating throughout the Community.

This state of affairs prompts the following questions:

1. The BASS concern is working on the assumption that the voluntary nature of the agreement pursuant
to Article 13 will preclude the application to it as a firm of all the relevant provisions under European
law and national labour standards. Does the Commission share this interpretation of the law, and does
this not in fact amount to an opt-out clause from European law?

2.

Is consideration being given, as part of the current revision procedure pursuant to Article 15 of
Directive 94/45/EC, to removing these contradictions between the voluntary agreements pursuant to
Article 13 and the current provisions of national and European law?

3. Would it not make sense to ensure that, in all cases, even if firms take the option provided for in
Article 13, workers can exercise their rights to information and consultation, as laid down in Article 1
of the Directive, and that the provisions governing workers(cid:146) representatives apply, as laid down in
Article 2 of the Directive?

4.

In that connection, would it not make sense to introduce a rule laying down the arrangements for the
termination of agreements pursuant to Article 13 or to incorporate into the text of the directive
procedures providing for a switch from Article 13 agreements to procedures pursuant to Article 6?

5. Would enhanced consultation rights for trade unions and stiffer penalties not be effective means of

combating the repeated breaches of this and other provisions of the directive?

(1) OJ L 254, 30.9.1994, p. 64.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 October 2000)

According to Article 13 of 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), and the relevant provisions in
national implementing legislation, social partners at company level can conclude voluntary agreements
establishing a European works council. The obligations arising from this Directive shall not apply to
Community-scale undertakings in which there was already an agreement, covering the entire workforce,
providing for the trans-national information and consultation of employees. Such pre-directive agreements
had to be signed before 22 September 1996.

the legal effect of a valid pre-directive agreement

Therefore,
in fact, that such undertakings are
exempted from applying the Directive and in particular from applying the subsidiary provisions laid
down in the annex.

is,

C 103 E/176

Official Journal of the European Communities

EN

3.4.2001

Bass PLC has concluded an Article 13 agreement, which, on the basis of information available to the
Commission, was amended in 1998 after negotiations between social partners and after consultation with
the European committee of food, catering and Allied workers unions (cid:129) ECF-IUF.

As regards the revision of Directive 94/45/EC, the Commission, in its report of 4 April 2000 on the
application of that Directive (2), has taken a formal position stating that (cid:145)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.(cid:146)

(1) OJ L 254, 30.9.1994.
(2) COM(2000) 188 final.
(3) COM(98) 612 final.

(2001/C 103 E/201)

WRITTEN QUESTION E-2536/00

by John McCartin (PPE-DE) to the Commission

Subject: International Marine Pollution Commission report

(28 July 2000)

Is the Commission aware of a report published recently by the International Marine Pollution Commission,
on behalf of OSPAR, warning of irreparable damage to marine life in the seas around the west and north
of Europe? The report refers to sewerage discharge and industrial pollution, toxic and radioactive pollution,
chemical pollution and overfishing and calls for a response from the Commission. Does the Commission
propose to make a statement on the matter or respond to the report?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(15 September 2000)

The Commission is unaware of the existence of an international marine pollution commission but assumes
that the Honourable Member refers to a report recently issued by the Oslo-Paris commission (OSPAR).

During its annual meeting of 26-30 June 2000, the OSPAR commission adopted the quality status report
2000 on the whole North-East Atlantic, commonly known as (cid:145)QSR 2000(cid:146). This report, together with
reports covering the five regions of the OSPAR maritime area, is the first detailed assessment of the status
of the marine environment of the North-East Atlantic from the Arctic to the Straits of Gibraltar and from
Greenland to the Kattegat.

According to QSR 2000, the worsening trends on marine pollution and fisheries have been reversed or at
least halted. Nevertheless, there are still threats to the marine environment and action is needed on
sustainable management of fish stocks, reduction of fisheries impact on fragile ecosystems, and elimination
of inputs of hazardous substances, which have been clearly identified.

The Community, represented by the Commission, is a contracting party to OSPAR and has collaborated
actively in the four-year preparation of QSR 2000. The Commission welcomes the completion of QSR
2000 and recognizes the extensive efforts of contracting parties that went into its preparation. The
Commission hopes to see OSPAR build upon this QSR in the future and emphasizes the need for future
assessments to have greater coherence between regions and to coordinate assessments with those of other
regional seas fora through collaboration under the European environment agency(cid:146)s inter-regional forum.