Opinion of the Commission  pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council establishing a general framework for informing and consulting employees in the European Community - amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2001-11-27
Institutions: European Commission
Subjects: EC opinion, European Commission, amendment, worker consultation, worker information

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.11.2001
COM(2001) 701 final

1998/0315 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
ESTABLISHING A GENERAL FRAMEWORK FOR INFORMING AND
CONSULTING EMPLOYEES IN THE EUROPEAN COMMUNITY

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

1998/0315 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
ESTABLISHING A GENERAL FRAMEWORK FOR INFORMING AND
CONSULTING EMPLOYEES IN THE EUROPEAN COMMUNITY

1.

BACKGROUND

The  Commission  forwarded  the  above-mentioned  proposal  for  a  directive  based  on  Article
137(2) to Parliament and the Council on 17 November 1998.

The Economic and Social Committee issued its opinion on 7 July 1999.

The European Parliament adopted an opinion at its first reading on 14 April 1999.

The Commission accepted some amendments made by Parliament.  It presented  an  amended
proposal on 23 May 2001 containing these amendments and a number of other changes.

The Council adopted its common position unanimously on 23.7.2001.

On 23 October 2001, at its second reading, the European Parliament adopted 13 amendments
to the Council's common position.

This opinion sets out the Commission's position on these amendments.

2.

AIM OF THE COMMISSION PROPOSAL

To  supplement  the  provisions  in  force  at  national  and  Community  level  with  regard  to  the
information and consultation of workers.

3.

COMMISSION OPINION ON THE AMENDMENTS PROPOSED BY PARLIAMENT

3.1.

Summary of the Commission position

The  Commission  is  able  to  accept  two  amendments  in  full  and  three  others  in
principle.

It cannot accept eight of the amendments adopted by Parliament.

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3.2.

Amendments by Parliament at second reading

3.2.1.

Amendments accepted

3.2.1.1. Amendment 3 (definition of "social partners") (Article 2(e)(a)) (new)

The  amendment  aims  to  introduce  a  definition  of  "social  partners"  within  the
meaning  of  the  Directive.  As  the  concept  is  used  in  various  provisions  of  the
proposed Directive, particularly in Articles 5 and 11, it appears acceptable to define
it in the terms proposed by Parliament.

3.2.1.2. Amendment 8 (content of the consultation) (Article 4(4)(c))

This  amendment  clarifies  the  text,  specifying  that  the  information  on  which  the
consultation is based is to be provided in accordance with Article 2(f).

3.2.2.

Amendments accepted in principle

3.2.2.1. Amendment 2 (recital on sanctions) (recital 26(a) (new))

The  Commission  accepts  the  use  of  a  specific  recital  to  stress  the  importance  of
reinforced and dissuasive sanctions and legal procedures applicable in the event of an
infringement of the rights deriving from the proposed Directive.

3.2.2.2. Amendment  6  (promotion  of  the  social  dialogue  within  small  and  medium-sized

enterprises) (Article 3(3)(a) (new)

This amendment seeks to underline the importance of promoting the social dialogue
within SMEs which, owing to their small staff numbers, fall outside the scope of the
proposed  Directive.  The  Commission  accepts  the  principle  behind  the  amendment,
while considering that it should be the subject of a recital.

3.2.2.3. Amendment  13  (application  of 
administrations) (Article 9(a) (new))

the  principles  of 

the  Directive 

in  public

This amendment lays down that the Member States should examine, in cooperation
with  the  social  partners,  methods  for  applying  the  principles  of  the  proposed
Directive in public administration. The Commission accepts the principle behind the
amendment, while considering that it should be the subject of a recital.

3.2.3.

Amendments refused

3.2.3.1. Amendment 1 (workers' representatives) (recital 22(a) (new))

The  Commission  considers  the  amendment  proposed  for  the  recital  to  be
inappropriate in the context of this proposal, particularly in the light of Article 2(e).

3.2.3.2. Amendment 4 (definition of information) (Article 2(f))

The  Commission  considers  the  definition  of  information  given  in  the  Council's
common position to be correct and sufficient in the light of, among other things, the
provisions of Article 1 of the proposed Directive.

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3.2.3.3. Amendment 5 (definition of consultation) (Article 2(g))

The  Commission  considers  the  definition  of  consultation  given  in  the  Council's
common position to be correct and sufficient in the light of, among other things, the
provisions of Article 1 of the proposed Directive.

3.2.3.4. Amendment 7 (content of the information) (Article 4(2)(a))

Given  the  general  nature  of  the  proposed  Directive,  the  Commission  considers  the
wording  introduced  by  Parliament  to  be  excessively  detailed  with  regard  to  this
provision.

3.2.3.5. Amendment 9 (content of consultation) (Article 4(4)(a) and (b)) (new)

The Commission considers the rules concerning approaches to consultation given in
the  Council's  common  position  to  be  correct  and  sufficient  in  the  light  of,  among
other things, the provisions of Article 1 of the proposed Directive.

3.2.3.6. Amendment 10 (content of agreements between the social partners) (Article 5)

The Commission considers that Article 5 as set out in the Council's common position
strikes an appropriate  balance between the  autonomy  of  the  social  partners  and  the
requirements for the protection of workers.

3.2.3.7. Amendment 11 (workers' representatives) (Article 7)

Given  the  general  nature  of  the  proposed  Directive,  the  Commission  considers  the
wording  introduced  by  Parliament  to  be  excessively  detailed  with  regard  to  this
provision.

3.2.3.8. Amendment 15 (transitional provisions) (Article 10)

The  Commission  considers  it  acceptable,  in  the  exceptional  case  of  the  proposed
Directive,  to  make  provision  for  a  longer  period  for  the  full  application  of  the
provisions  of  this  Directive  in  the  Member  States,  which  will  have  to  make
substantial efforts to achieve it, given the absence of general rules in this area.

3.3.

Amended proposal

Pursuant  to  Article  250(2)  of  the  EC  Treaty,  the  Commission  is  amending  its
proposal as set out above.

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