Communication from the Commission - The European social dialogue, a force for innovation and change
Date: 2002-06-26
Institutions: European Commission
Subjects: economic growth, employment policy, social dialogue, social dialogue (EU), social partners, social policy, tripartite conference

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.6.2002
COM(2002) 341 final

2002/0136 (CNS)

COMMUNICATION FROM THE COMMISSION

The European social dialogue, a force for innovation and change

Proposal for a

COUNCIL DECISION

establishing a Tripartite Social Summit for Growth and Employment

(presented by the Commission)

COMMUNICATION FROM THE COMMISSION

The European social dialogue, a force for innovation and change

PROPOSAL FOR A COUNCIL DECISION
establishing a Tripartite Social Summit for Growth and Employment

CONTENTS

Executive summary .................................................................................................................... 4

Introduction ................................................................................................................................ 6

1.

1.1.

1.2.

1.3.

The social dialogue, a key to better governance .......................................................... 7

Improving consultation of the social partners.............................................................. 8

Raising the profile of the social dialogue................................................................... 10

Strengthening the role of the social partners.............................................................. 10

1.3.1.

The European level .................................................................................................... 10

1.3.2.

The national level....................................................................................................... 11

1.3.3.

The local level ............................................................................................................ 11

1.3.4.

The company level ..................................................................................................... 11

2.

2.1.

2.2.

The social dialogue, a force for economic and social modernisation ........................ 12

Organising tripartite concertation .............................................................................. 12

Boosting the social partners’ involvement in the different aspects of the Lisbon
strategy ....................................................................................................................... 14

2.3.

Extending and enhancing the social dialogue ............................................................ 15

2.3.1

Strengthening the role and scope of negotiation........................................................ 15

2.3.2.

The sectoral social dialogue ....................................................................................... 16

2.3.3.

The cross-industry social dialogue............................................................................. 17

2.4.

Improving monitoring and implementation ............................................................... 17

2.4.1. Guidelines or frameworks for action ......................................................................... 18

2.4.2. Agreements under Article 139 ................................................................................... 18

3.

3.1.

3.2.

3.3.

Social dialogue and enlargement, a decisive challenge for the Union....................... 19

Reinforcing the social dialogue and its players.......................................................... 20

Developing the role of the social dialogue in the pre-accession strategy .................. 20

Adjustments to social dialogue bodies....................................................................... 20

2

4.

4.1.

4.2.

The international dimension of the social dialogue ................................................... 21

Bilateral and regional relations .................................................................................. 21

Multilateral relations .................................................................................................. 22

Annexes.................................................................................................................................... 23

Proposal for a COUNCIL DECISION establishing a Tripartite Social Summit for Growth and
Employment ............................................................................................................................. 29

3

COMMUNICATION FROM THE COMMISSION

The European social dialogue, a force for innovation and change

 Executive summary

The  social  dialogue  and  the  quality  of  industrial  relations  are  at  the  centre  of  the  European
social  model.  At  the  Laeken  and  Barcelona  European  Councils  and  the  preceding  social
summits,  the  Heads  of  State  or  Government,  the  social  partners  and  the  Commission
emphasised the role of the social dialogue at all levels in promoting modernisation and change
within the Union and in the candidate countries

The  Treaty  makes  the  Commission  responsible  for  promoting  and  supporting  the  European
social dialogue. In this Communication, the Commission fleshes out its views on the future of
social  dialogue  both  as  a  key  to  better  governance  of  the  enlarged  Union  and  as  a  driving
force  for  economic  and  social  reform.  It  puts  forward  concrete  measures  aimed  at
strengthening  the  different  levels  and  forms  of  social  dialogue.  This  approach  to  social
dialogue is based on the social partners' contribution to the Laeken European Council and the
reflections of the High Level Group on Industrial Relations.

1. 

Social  dialogue  is  the  driving  force  behind  successful  economic  and  social
reforms. The Lisbon strategy emphasises its role in addressing key challenges facing
Europe, such as enhancing skills and qualifications, modernising work organisation,
promoting  equal  opportunities  and  diversity  and  developing  active  ageing  policies.
Negotiations  between  the  social  partners  are  the  most  suitable  way  forward  on
questions related to modernisation and management of change.

In this context, the Communication:

–  calls on the European social partners further to develop their autonomous dialogue and to
establish joint work programmes,  as  highlighted  in the  Laeken declaration  and  supported
by Heads of State or Government at the Barcelona European Council;

–  calls  on  the  social  partners  to  implement  the  request  made  by  the  Barcelona  European

Council to submit an annual report on their contributions;

–  supports  reinforcement  of  the  concertation  between  social  partners  and  European
institutions on economic and social policies, and proposes to set up a new "tripartite social
summit" as a focal point for the social partners' contributions within the Lisbon Strategy;

–  wishes to strengthen the social  partners'  involvement  in  the  open  coordination  processes,
including  consultation  of  the  social  partners  prior  to  the  drafting  of  the  proposal  for
employment guidelines, so that they can make a more effective contribution;

–  encourages greater use of the technical assistance available for the social partners to enable

them to report back on the implementation of the employment guidelines.

2. 

Better governance of an enlarged Union relies on the involvement of all actors in
decision-making  and  also  in  the  implementation  process.  Social  partners  have  a

4

unique  position  within  civil  society  because  they  are  best-placed  to  address  issues
related  to  work  and  can  negotiate  agreements  which  include  commitments.  To
promote  the  role  of  social  dialogue  in  European  governance,  strengthen  the  link
between  the  national  and  European  levels  and  make  the  results  of  European  social
dialogue better known, particularly with a view to enlargement, the Communication
tables a wide range of concrete proposals:

–  organisation of "European Social Dialogue Conferences";

–  organisation of national round tables;

–  improved procedures for consulting the social partners on European initiatives to enhance

the quality of European legislation and ensure it suits the needs of all actors involved.

3. 

Preparing  for  enlargement.  The  Communication  underlines  the  vital  role  and  the
weaknesses  of  social  dialogue  in  the  candidate  countries.  Much  has  been  achieved
over  the  past  decade  with  the  support  of  Community  programmes  and  initiatives.
However, a lot remains to be done to strengthen the capacities of social partners and
involve  them  in  the  accession  process.  The  Communication  identifies  a  number  of
ongoing and new measures of support.

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INTRODUCTION

Social  dialogue  is  acknowledged  to  be  an  essential  component  of  the  European  model  of
society  and  development,  with  high-quality  social  protection,  investment  in  education  and
qualifications and reforms designed to improve dynamism in the economy1. The role played
by the social dialogue is based on its original, unique format: the social partners represent in
all respects the interests and problems of the world of work, ranging from working conditions
to  the  development  of  continuing  training  and  including  the  definition  of  wage  standards.
They are also entitled to conduct dialogue which may culminate in collective agreements on
all the issues they cover.

The social dialogue is rooted in the history of the European continent, and this distinguishes
the  Union  from  most  other  regions  of  the  world.  Accordingly,  in  its  various  forms  in  the
different Member  States, the  social  dialogue  is  a  component  of  democratic  government  and
also of economic and social modernisation, as set out in the Lisbon strategy, the agenda that
will take us to the end of the decade.

Attainment  of  the  strategic  goals  set  in  Lisbon  —  full  employment  and  reinforced  social
cohesion — depends to a considerable extent on the action taken by the social partners at all
levels. They are best placed to take up the fundamental challenge of this strategy: the positive
management  of  change  which  can  reconcile  the  flexibility  essential  to  businesses  with  the
security needed by employees, particularly in the event of major restructuring. An ambitious,
proactive  social  dialogue  must  therefore  play  a  key  role  in  meeting  these  challenges  as  a
flexible,  efficient,  non-confrontational  means  for  making  adjustments  and  overcoming  the
obstacles  to  modernisation.  That  is  why  the  Barcelona  European  Council  of  March  2002
called on the social partners to work at sectoral and local level towards those  goals, notably
by drawing up a multiannual work programme. In this role the social partners can build on the
fruits  of  their  achievements:  European  negotiations  have  resulted  in  agreements  on  parental
leave, part-time work, fixed-term contracts and telework. But their role needs to be enhanced
for  the  future,  by  developing  fresh  approaches  to  consultations  on  employment,  economic
policy and social protection and by introducing new ways of contributing to implementation
of  the  economic  and  social  reform  strategy,  particularly  in  the  context  of  European
coordination of employment policies.

As  a  driving  force  for  modernisation  of  the  European  economy  and  the  European  social
model, the social dialogue holds a crucial, unique position in the democratic governance of
Europe. The active involvement of the social partners in the decision-making process of the
Union and its institutions needs to be reinforced, as called for in the White Paper on European
Governance2, through closer consultation on the basis of the procedures included in the Treaty
as early as 1992. This is of special importance with a view to the forthcoming enlargement, as
the system of social partnership and independent social dialogue in the candidate countries is
relatively weak, particularly at sectoral level, and this is bound to affect the governance of the
future enlarged Union.

Moreover,  involvement  of  the  social  partners  ties  in  with  the  thinking  behind  the
Communication  "A  Project  for  the  European  Union"  where  the  Commission  singles  out  as
one  of  the  Union's  fundamental  tasks  consolidating  its  model  of  economic  and  social
development and securing prosperity while ensuring solidarity.

1

2

Conclusions of the Barcelona European Council, point 22.
COM(2001) 428 final.

6

                                                
In the face of these challenges, decisive to Europe’s future, the Commission is mindful of the
special responsibilities conferred on it by  the Treaty  which  give it the task of “…promoting
the consultation of management and labour at Community level and [taking] any measure to
facilitate  their  dialogue…”3.  This  Communication  is  underpinned  by  a  rigorous,  detailed
study  which  associated  experts  and  industrial  relations  players  and  by  the  social  partners’
contribution:

–  in 2001 the Commission set up a High-Level Group on Industrial Relations  and
Change.  Its  remit  was  to  assess  the  opportunities  and  challenges  for  industrial
relations and key factors of success. Its report was delivered in February 2002;

–  in a joint contribution for the Laeken Social Summit, the  social partners  defined
the framework for a fresh stage in the social dialogue. This framework rationalises
concertation within a new, single forum (the Tripartite Social Summit for Growth
and  Employment)  and  promotes  bipartite  social  dialogue  through  adoption  of  a
work programme.

The European social dialogue has arrived at a crossroads. It has considerable scope for action,
extended further by the prospective enlargement and the back-up it requires. It is a vehicle for
core values of participation and responsibility based on firmly-rooted national traditions and
provides a suitable framework for managed modernisation, also in the candidate countries. To
take  on  this  role  properly  at  European  level,  it  needs,  however,  to  broaden  its  practices,
diversify  its  operational  methods  and  use  to  best  advantage  the  entire  bargaining  area.  This
Communication lays a groundwork for strengthening social dialogue in an enlarged Europe.

1.

THE SOCIAL DIALOGUE, A KEY TO BETTER GOVERNANCE

Within civil society, the social partners have a particular role and influence4 which flow from
the very nature of the subjects they cover and the interests they represent in connection with
the  world  of  work.  Working  conditions,  definition  of  wage  standards,  continuing  training,
particularly  in  new  technologies,  organisation  of  work  and  working  time  to  reconcile
flexibility  and  security  are  a  few  examples  of  specific  topics  which  the  social  partners,  as
representatives of employees and employers, are entitled to deal with. Implementation of the
Lisbon strategy, based on an integrated economic and social policy agenda, has extended and
recast  the  scope  of  the  fields  falling  under  their  special  responsibility.  The  Treaty  also
recognises the social partners’ ability to undertake genuine independent social dialogue, that
is  to  negotiate  independently  agreements  which  become  law.  It  is  that  ability  to  negotiate
agreements  which  sets  the  social  dialogue  apart.  Lastly,  the  social  partners  may  assume
responsibility,  at  their  request,  for  transposing  directives  into  national  law;  the  latter  often
include provisions such that they can be adapted to specific situations.

Independent dialogue between European organisations was launched in 1985, the beginnings
of a genuine European bargaining area. New ground was broken with entry into force of the
Maastricht  Treaty  which  formalised  the  social  partners’  participation  in  the  preparation  of
Community  law.  Today’s  European  social  dialogue  covers  these  two  essential  functions:
consultation and negotiation.

3

4

Article 138(1).
White Paper on European Governance, page 14.

7

                                                
The  Commission  also  supports  the  development  of  dialogue  with  other  interested  parties  in
civil society, notably NGOs. Following the White Paper on Governance, on 5 June 2002 the
Commission  adopted  a  Communication  on  “General  principles  and  minimum  standards  for
consultation” addressed to civil society which lists the areas, players and action to be taken in
the  consultation  process.  It  is  a  response  to  the  increasing  demands  for  participation  in  the
decision-making process and a way of  better  taking  all aspects  of  problems  into account by
associating all interested parties.

The  social  partners  should  develop  initiatives  and  specific  cooperation  with  organisations  which
operate in all relevant fields.

The  Commission  wishes  to  promote  and  improve  the  contribution  of  the  social  dialogue  to
better  European  governance  through  a  series  of  proposals  covering  areas  of  fundamental
importance:  improved  consultation,  social  partners’  representativeness,  tighter  links  and
greater involvement at different levels, and transparency in dialogue.

1.1.

Improving consultation of the social partners

The White Paper on European Governance stresses that efficient, transparent consultation of
the  parties  interested  in  policy  definition  is  a  major  factor  in  improving  the  quality  of
legislation.  Article  138  of  the  Treaty  provides  for  a  compulsory  two-stage  consultation
procedure: before presenting proposals in the social policy field, the Commission is required
to consult the social partners on the possible direction of Community action; on completion of
that  first  stage,  if  the  Commission  considers  that  Community  action  is  desirable,  it  has  to
consult the social partners on the actual content of the envisaged proposal.

Since 1993, the social partners have been consulted 12 times (see Annex 3). Such consultation
is unique and dual-purpose:

–  the  opinions  of  the  interested  parties  can  be  taken  into  account  and  the  impact  of  any
legislation assessed. The Commission can thus formulate policies appropriate, in their form
and substance, to the problems dealt with and incorporate the aim of social modernisation
and improving companies’ competitiveness;

–  the outcome may be independent social dialogue, multisectoral or sectoral, and ultimately,
therefore, agreements which may subsequently be incorporated into Community law5. This
is a practical application of the principle of social subsidiarity. It is for the social players to
make  the  first  move  to  arrive  at  appropriate  solutions  coming  within  their  area  of
responsibility;  the  Community institutions intervene, at the Commission’s  initiative,  only
where negotiations fail6.

5

6

Three topics have so far formed the subject of cross-industry negotiations and agreements implemented
by  means of directives: parental leave in 1995, part-time  work  in 1997 and  fixed-term  work  in  1999.
Two framework agreements on the organisation of working time in sea transport and air transport have
been  implemented  in  accordance  with  similar  procedures.  The  agreement  on  telework  concluded  in
May 2002 will be implemented, for the first time, in accordance with the social partners’ and Member
States’ own procedures and practices.
The Commission did so by adopting on 20 March 2002 a proposal for a directive on temporary  work
based  on  the  consensus  which  emerged  among  the  social  partners  despite  the  failure  of  their
negotiations in May 2001.

8

                                                
The  Commission  intends  to  consult  the  social  partners  on  the  main  initiatives  having  social
repercussions.

It  will  set  up  an  interdepartmental  working  party  with  the  remit  of  drawing  up  an  inventory  of
consultation methods and structures in place and helping to involve more closely all the departments
concerned by activities connected with social dialogue.

It will draft an internal code of conduct on consultation with the social partners.

This  compulsory,  systematic  consultation  will,  of  course,  be  additional  to  the  consultations
within advisory committees or in the context of procedures aimed  at  garnering the views of
interested  parties,  for  example,  through  the  adoption  of  a  Green  Paper.  In  areas  where
committees  have  been  established  (health  and  safety  at  work,  vocational  training,  equal
opportunities, freedom of movement for workers and social security for migrant workers), the
Commission will continue to distinguish “social dialogue” consultation of the social partners
under Article 138 of the Treaty from consultation in advisory committees.

This consultation in the early stages of Community proposals is supplemented by systematic
consultation of the European social partners on transposal reports.

The  legitimacy  and  effectiveness  of  the  social-partner  consultation  is  based  on  their
representativeness. The requirements in respect of representativeness vary in accordance with
the  nature  of  the  responsibilities  conferred  on  the  players;  (they  are  limited  in  the  event  of
simple  consultation,  but  more  binding  where  the  social  partners  can  lay  down  rules  which
become law). As part of its task of promoting the European social dialogue, the Commission
has 
the  social  partners’
representativeness8  and  its  main  conclusions  confirm  that  the  social  partners’  European
structures have become stronger.

in  1998  a  study  was  conducted  on 

laid  down  rules7; 

In  the  context  of  enlargement,  openness  and  cooperation  between  organisations  will  be
especially important. The stance taken at Community level has already helped to bring about
substantial progress in the organisation and setups of the European social dialogue players.

The Commission will:

– launch a fresh study on representativeness, to cover further sectors reflecting developments in the
European economy and prepare studies on the intersectoral and sectoral social-partner organisations in
the candidate countries;

– present an amended list of organisations consulted under Article 138 of the Treaty (see Annex 1).
It will adjust the list again if necessary if new social dialogue committees are set up and in the light of
the results of the study on representativeness.

The social partners:

– are requested to reinforce their cooperation, particularly within sectors, to assure the best possible
representation;

7

8

COM (93) 600 final and COM (98) 322 final.
It  currently  covers  the  following  multisectoral  organisations  and  sectors:  textiles,  distributive  trades,
construction, banking, insurance, postal services, telecommunications, road transport, air transport, rail
transport, inland waterway transport, sea transport, electricity, agriculture, local public services, hotels,
restaurants and catering, personal services.

9

                                                
– should continue improving their internal decision-making machinery in the context of enlargement,
in particular for the purpose of establishing negotiating mandates and concluding agreements.

1.2.

Raising the profile of the social dialogue

The contribution of the European social partners — at both multisectoral and sectoral levels
— is little known and poorly publicised, above all the outcome and achievements of the social
dialogue,  including  the  agreements  concluded  since  1993  which  have  subsequently  been
converted  into  directives.  Similarly,  little  is  known  about  the  results  of  the  consultations
organised  by  the  Commission  and  the  Council.  The  Commission  believes  it  is  important,
particularly  with  a  view  to  the  forthcoming  enlargement,  that  all  the  information  on  the
players, forums and output of the European social dialogue should be readily accessible in all
the Member States.

The Commission will:

– set up an Internet site providing access, in all the Union’s official languages, to all information on
the players, forums and output of the European social dialogue;

–  support  the  organisation  of  round  tables  in  the  Member  States  to  exploit  the  European
contribution of the social dialogue;

–  convene  at  regular  intervals  a  “European  Social  Dialogue  Conference”  open  to  all  national
organisations involved in the European social dialogue;

– continue, in close liaison with the Dublin Foundation, publication of regular reports on industrial
relations  in  Europe, reviewing  the  background  to  developments,  presenting  the results  of  research,
developing indicators and making use of the appropriate statistical sources.

1.3.

Strengthening the role of the social partners

The White Paper on European Governance highlights the need for more interaction between
the  European  institutions,  national  governments,  regional  and  local  authorities  and  civil
society, of which the social partners form part. Moreover, the social partners themselves are
to be found at all levels where policies are brought into effect, from businesses right up to the
European level and in branches and local areas; on that account, they are singular, inimitable
players. The links between all these levels should accordingly be tightened.

1.3.1.

The European level

The European social dialogue is becoming more diversified and broader in scope, particularly
as a result of implementation of the strategy for economic and social reform decided upon in
Lisbon  and  confirmed  in  Barcelona  in  March  2002.  Massive,  unceasing  efforts  have  to  be
devoted  to  providing  for  information  and  study  on  the  different  partnership  systems  and
practices  in  Europe.  The  forthcoming  enlargement  will  further  increase  this  diversity  in  the
systems.  The  European  and  national  social  partners  have  felt  the  need  for  investment  in
training and have organised courses and programmes.

The Commission considers that, with the development of consultations on the various aspects
of the Lisbon strategy, it is necessary to strengthen the capabilities of the players and to invest
in joint training of the people who will be required to take up positions on the blueprints for
the building of Europe.

10

The  Commission  requests  the  Dublin  Foundation  to  organise  joint  training  sessions  open  to
representatives  of  the  authorities  and  the  social  partners  and  thus  foster  partnerships  on  subjects
relevant to the guidelines defined in Lisbon.

1.3.2.

The national level

The  social  partners  have  been  assigned  a  role  in  the  implementation  of  directives  under
Article  137  of  the  Treaty.  Most  of  the  Community  texts  draw  attention  to  this  role  in
implementation by means of agreements at Community level.

In addition, many directives contain provisions allowing the social partners to adapt rules so
as to take account of differences in national situations (for example, working time).  In some
cases, the social partners are directly requested to arrive through negotiation at  responses to
the  goals  set  by  Community  directives  (European  works  councils,  statute  for  the  European
company).

The directives on health and safety at work call  on the Member  States  to submit reports on
their practical implementation which include the social partners’ views.

The Commission will consult the social partners when preparing reports on the directives concerned.

1.3.3.

The local level

Innovative  solutions  to  employment  development,  combating  exclusion  and  improving  the
quality  of  life  and  work  are  to  be  found  at  local  level.  Trial  schemes  with  extended
partnerships  covering  cities  or  employment  areas  have  proven  the  effectiveness  of  such
approaches which succeed only where the social partners are genuinely, deeply involved.

Special attention will be paid to participation by the regional and local social partners in the
local development forum to be held in 2003.

The Commission will support:

–  the  application  of  experience  gained  in  the  context  of  the  various  Community  programmes  and
initiatives;

– information operations targeted at the social partners (Internet site on local development);

– dialogue at local level.

1.3.4.

The company level

European integration encourages companies to develop on a transnational scale. Reinforcing
European  or  transnational  dialogue  among  firms  has  become  a  fundamental  challenge  for
tomorrow’s  Europe,  particularly  in  regard  to  mobility,  pensions  and  equivalence  of
qualifications.

The European group works councils established in more than 700 transnational undertakings
in Europe following  adoption of Directive  94/45/EC on  European  works  councils  provide  a
sound foundation. Many agreements bear out the contribution made by dialogue at this level
to  managing  and  anticipating  change,  by  extending  worker  information  and  consultation  to
matters  such  as  equal  opportunities,  training,  mobility  and  environment  policy  and  also,  in
some cases, by providing for negotiated commitments on the implementation of restructuring

11

and  the  management  of  industrial  change.  In  such  circumstances,  the  link  between  the
company level and the more centralised levels of dialogue is crucial.

Furthermore, the promotion of business practices focusing on social responsibility paves the
way for dialogue within companies.

In  July  the  Commission  will  adopt  a  communication  on  corporate  social  responsibility  which  will
help to enhance the social dialogue.

2.

THE SOCIAL DIALOGUE, A FORCE FOR ECONOMIC AND SOCIAL MODERNISATION

The  European  social  dialogue  is  a  force  which  promotes  change  through  its  positive
management, playing a part in the return to full employment. It can come up with responses
that are appropriate, as they bring in new forms of flexibility and security, to the formidable
challenges  we  face  today  such  as  developing  lifelong  learning,  improving  mobility,  active
ageing and also  promoting  equal  opportunities and diversity.  For  that  reason,  the  Barcelona
European  Council  requested  the  social  partners  to  report  by  December  next  on  their
contribution, at all levels, to the success of the European employment strategy.

The  social  dialogue  has  also  taken  on  a  new  dimension  with  the  advance  of  economic  and
monetary integration which fuels demand for dialogue, exchange and coordination in the area
of  industrial  relations.  The  same  holds  good  where  Community  action  relates  to  questions
raised directly by internationalisation.

The  social  partners  are  thus  called  upon  to  adjust  their  various  practices  —  concertation,
independent  social  dialogue,  their  involvement  in  the  different  processes  of  the  open
coordination  method  (employment,  inclusion,  social  protection)  —  and  to  improve  the
implementation and monitoring of their results with the aim of improving the efficiency and
raising the profile of their contributions to the Lisbon strategy.

There is  a wide  range  of industrial relations  models  throughout  Europe,  each  one  reflecting
the practices and traditions of an individual Member State: the abundance thus accumulated
must be taken into account at European level. The contribution made by the social partners, in
their  diverse  facets,  reflects  the  differences  in  the  national  industrial  relations  systems  and
could be assessed and “standardised”.

The social partners should:

– assess the contribution of industrial relations to implementation of the Lisbon strategy;

– work out context, input and result indicators so as to develop genuine benchmarking of the quality
of industrial relations in Europe.

The  Commission  will  set  up  a  technical  working  party  comprising  representatives  of  the  social
partners  and  the  Member  States  to  prepare  for  the  introduction  of  such  machinery  for  review  and
exchange.

2.1.

Organising tripartite concertation

Fruit  of  the  political  desire  closely  to  associate  the  social  partners  in  the  advances  made  in
European integration, concertation is firmly rooted in Community practice.

12

Initially  introduced  in  advisory  bodies  (cross-industry  advisory  committees),  concertation
gained  strength  and  was  extended  during  the  seventies  (establishment  of  the  Standing
Committee  on  Employment  and  tripartite  conferences)  to  cover  subjects  connected  with
employment and the management of change.

The  concertation  has  been  extended  in  recent  years  to  cover  many  more  topics  with  the
setting-up  of  the  macroeconomic  dialogue,  the  launching  of  the  European  employment
strategy,  work  on  social  protection  and  monitoring  the  conclusions  of  the  Lisbon  European
Council.

The employment guidelines are discussed at regular intervals by the Employment Committee
and the social partners within the Standing Committee on Employment. The contributions of
the  individual  players  on  economic  and  monetary  policy  are  discussed  at  technical  and
political  level  within  a  “macroeconomic  dialogue”  established  after  the  Cologne  European
Council. The exchange of views respects the individual responsibilities of the participants in
the macroeconomic dialogue between the representatives of the Commission, the Council, the
ECB  and  the social  partners. These talks fulfil  an  essential  role  today  and  must  continue  to
deepen and widen in scope within their respective forums. In line with the conclusions of the
Cologne  Presidency  setting  up  the  macroeconomic  dialogue,  the  latter  should  remain
confidential and informal and accordingly retain its independence.

In addition, twice-yearly meetings with the troïka (Heads of State or Government), launched
in  1997  by  the  Luxembourg  Presidency,  give  the  social  partners  the  opportunity  to  put
forward  their  positions  on  items  on  the  European  Council  agenda.  The  Social  Summits
organised  in  March  2001  in  Stockholm,  December  2001  in  Laeken  and  March  2002  in
Barcelona  have  demonstrated  the  usefulness  of  and  need  for  an  integrated  dialogue  at  the
highest  level.  In  their joint contribution to the  Laeken  European  Council,  the  cross-industry
social partners took the view that this level of concertation should be revised to improve the
consistency between the various processes in which they are involved.

The Commission shares the social partners’ view that the reform of the Standing Committee
on  Employment  in  1999  did  not  refocus  the  concertation  between  the  Council,  the
Commission and the social partners on all the components of the Lisbon strategy. The twice-
yearly  meetings  of  the  Standing  Committee  on  Employment  no  longer  allow  for  economic
and social questions to be handled with a view to the Spring European Council.

The  Commission  believes  that  the  establishment  of  a  new  Tripartite  Social  Summit  for
Growth  and  Employment,  bringing  together  the  troïka,  the  Commission  President  and  a
the  Standing  Committee  on
restricted  delegation  of  social  partners  and  replacing 
Employment,  will  provide  for  an  informal  discussion  on  the  social  partners'  contribution  to
the  Lisbon  strategy.  The  Laeken  and  Barcelona  European  Councils  endorsed  this  approach
which has already been tried out at a number of summits.

Economic and monetary matters are dealt with in the context of the macroeconomic dialogue
which  should  be  pursued  in  accordance  with  its  own  procedures.  The  macroeconomic
dialogue  is  thus  not  affected  by  this  decision.  However,  consultations  on  employment  and
social  protection  should  be  reinforced  through  meetings  with  the  ministers  responsible  for
these  fields  and  at  technical  level  through  structured  dialogue  with  the  Employment
Committee and the Social Protection Committee.

13

Bodies in place

Macroeconomic dialogue
Pursuit of the dialogue in place at technical and political
level

Dialogue on employment
Adaptation of the dialogue in place at technical level (meetings
with the Employment Committee) and political level (meetings
at ministerial level) on all aspects of the European employment
strategy

Dialogue on social protection
Organisation of this dialogue in conjunction with the Social
Protection Committee (the NGOs will be associated in aspects
connected with the fight against exclusion)

New

TRIPARTITE
SOCIAL
SUMMIT FOR
GROWTH
AND
EMPLOYMENT

All  these  discussions  will  help  to  enhance  the  debates  of  the  Tripartite  Social  Summit  for
Growth  and  Employment.  An  integrated  discussion  can  thus  be  held  before  the  Spring
European Council and the contributions of all the areas concerned will be incorporated.

The Commission proposes to establish a Tripartite Social Summit for Growth and Employment and
will see to the procedures for associating the social partners in its preparation and follow-up.

2.2.

Boosting the social partners’ involvement in the different aspects of the Lisbon
strategy

The  Lisbon  strategy  established  a  new  tool  for  its  implementation:  the  open  method  of
coordination.  Particularly  suited  to  areas  where  the  principle  of  subsidiarity  is  fully
applicable,  it  provides  a  framework  for  action  involving  all  levels  and  all  players  on  a
voluntary basis. It suggests approaches not in terms of means, but of objectives to be attained,
and  is  based  on  a  regular  reporting  schedule  which  allows  for  assessment  of  progress  and
construction  of  monitoring  indicators.  It  applies,  therefore,  to  many  fields  of  interest  to  the
social partners: employment, social inclusion, pensions, and soon, vocational training.

The social partners make a dual contribution to this process.

–  On  the  guidelines  and  the  process  itself,  the  social  partners  are  regularly  consulted.  The
Commission  suggests  that  each  area  under  the  method  of  open  coordination  should
form  the  subject  of  organised  dialogue  with  the  social  partners  along  the  lines  of  the
arrangements for the macroeconomic dialogue, more precisely, its dual setup at technical
and political levels.

As for employment and social protection, the procedures for dialogue at technical and political level
will  be  redefined  in  agreement  with  the  Employment  Committee  and  the  Social  Protection
Committee.

The social partners should be fully involved in the preparation of these rules.

–  On  the  content,  the  social  partners  are  sometimes  in  a  position  to  provide  themselves
responses to guidelines determined in the context of the open coordination method. This is
particularly  relevant  as  regards  employment,  notably  in  relation  to  the  promotion  of

14

vocational  training,  social  protection,  combating  exclusion  and  modernising  employment
relations. The social partners have encountered some difficulties in taking up all the space
offered  to  them,  in  adapting  and  disseminating  in  the  Member  States  the  guidelines
adopted by the Council, in collecting information on initiatives taken in the Member States
and in undertaking work on assessment and exchange.

The  “Factors  for  Success”  compendium  issued  by  the  cross-industry  social  partners  in
November  2000  gives  practical  examples  of  contributions  to  implementation  of  the
employment  guidelines;  this  interesting  initiative  should  help  the  social  partners  at  all
levels to draw inspiration for their relations in the context of bargaining.

The  European  Social  Fund  (ESF)  is  the  financial  tool  for  supporting  implementation  of  the
employment strategy. The rules governing the European Structural Funds provide for social-
partner  involvement.  They  are  represented  on  the  monitoring  committees  (voting  rights,
deciding on selection criteria for projects, supervising implementation). Nevertheless, it has to
be  said  that  the  social  partners’  membership  of  these  committees  does  not  adhere  to  any
standard  formula.  Bearing  that  in  mind,  the  Commission  suggests  that  best  practice  in  this
area  should  be  exploited  and  publicised.  In  the  context  of  the  mid-term  evaluation  of
structural  measures  2000–2006,  special  attention  will  be  paid  to  the  operation  of  the
partnership and, if necessary, the Commission will look into ways of reinforcing it.

The Commission will:

– consult the social partners in the course of its preparatory work on its proposal for the employment
guidelines;

–  step  up  the  technical  assistance  made  available  to  them  for  collecting,  reviewing  and  discussing
information on the implementation of these guidelines.

The social partners:

– are invited to work on their own contribution in the context of the European employment strategy;

– should respond to the invitation of the Barcelona European Council and present an annual report on
their contributions to the Lisbon strategy at all relevant levels.

The  Member  States  are  encouraged  to  use  part  of  their  funds  earmarked  for  ESF  technical
assistance to support operations by the social partners concerned with implementation and monitoring
of the employment guidelines.

2.3.

Extending and enhancing the social dialogue

In  the  face  of  the  challenges  posed  by  European  integration,  globalisation,  Europe’s  new
position in the world and enlargement, as well as the demographic and employment situations
and the increased speed of innovation and technical change, industrial relations, which in the
past have contributed to maintaining a balance and to the success of the European model, will
have to be modernised and adapted apace.

2.3.1

Strengthening the role and scope of negotiation

In  contributing  to  implementation  of  the  European  strategy  for  economic  and  social
modernisation,  the  social  dialogue  can  draw  on  experience  and  tools  which  have
demonstrated  their  worth,  both  at  sectoral  and  intersectoral  level:  the  role  conferred  on  the

15

social  dialogue  by  the  1993  Agreement  on  Social  Policy  is  the  most  striking  example.  It
provides for mediation between the role of the public authorities and the place of negotiated
agreements.  The  social  dialogue  should  now  expand  its  agenda,  as  requested  by  the
Commission on numerous occasions (see Annex 4).

Along  the  lines  of  the  initiatives  developed  successfully  in  most  Member  States,  notably
through  pacts,  the  social  dialogue  can  help  to  establish  at  European  level  a  favourable
climate for improving competitiveness, innovation and social cohesion. At the same time, it
can  help  to  guide  the  adaptation  process  in  the  candidate  countries,  offering  avenues  and
strategic orientation for reforms.

The European social dialogue could constitute a tool for the modernisation announced at the
Lisbon  European  Council  for  all  key  issues  on  the  European  agenda.  Topics  often  raised
include:  preparing  for  entry  into  the  knowledge  society  by  recognising  the  vital  role  of
lifelong learning and the acquisition of skills; incorporating mobility and career pathways into
discussions on working conditions; active ageing; promoting equal opportunities; taking into
consideration  employment  and  wider  access  to  the  labour  market,  promoting  sustainable
development; incorporating quality as a factor in global performance both in aspects of work
organisation  and  in  health  and  safety,  and  also  worker  involvement  and  negotiated
anticipation of change.

On all these issues the social partners are in a position, at European level, to mobilise a wide
range  of  tools,  from  opinions  to  exchanges  of  good  practices,  from  setting  in  place
coordinated  operations  to  the  negotiation  of  agreements.  In  this  way  they  can  put  forward
principles  for  action  which  can  associate  all  the  levels  concerned,  taking  account  of  the
complexities and links between the areas.

The Commission takes the view that, as a rule, negotiation is the most appropriate means for
settling questions related to work organisation and employment relations at both multisectoral
and sectoral level. With that in mind, it believes that the agreement recently concluded by the
social partners on telework is highly significant.

The social partners are requested to make better use of their European bargaining area by concluding,
on the basis of experience acquired, agreements incorporated into Community law or implemented in
accordance with their own national procedures and practices in the light of their initial experience with
telework.

They are requested to draw up work programmes, at both multisectoral and sectoral level.

The Commission stresses that it is in the interest of the European social partners to take full
advantage  of  the  tools  in  place  when  defining  their  targets,  particularly  the  European
Industrial  Relations  Observatory  (EIRO)  and  the  Monitoring  Centre  on  Change  (EMCC)
recently set up under the auspices of the Dublin Foundation.

2.3.2.

The sectoral social dialogue

Following  the  Decision  of  May  1998  on  the  establishment  of  the  sectoral  social  dialogue
committees, 27 committees have been set up at the joint request of the social partners in the
sectors concerned (Annex 2). This unequivocal success illustrates the European sectoral social
dialogue's great potential for development. The Commission wishes to continue its support for
the flourishing European sectoral social dialogue and to promote the establishment of further
committees so that all the main branches are covered. It is the proper level for discussion on

16

many issues linked to employment, working conditions, vocational training, industrial change,
the knowledge society, demographic patterns, enlargement and globalisation.

The Commission will:

–  pursue  its  policy  of  setting  up  new  committees  whenever  the  conditions  are  met:  structured,  representative
players at European level having ability to negotiate agreements and willingness to undertake structured social
dialogue. The sectors concerned should be sufficiently large however;

– encourage the necessary groupings and cooperation between sectors;

– orientate the activities of the sectoral social dialogue committees to dialogue and negotiation only, excluding
information and consultation activities which can be carried out in multisectoral forums,  with the exception of
specific sectoral consultations;

– give priority support to committees whose work culminates in practical results representing their contribution
to implementation and monitoring of the Lisbon strategy;

– reinforce the role of the Liaison Forum as the preferred arena for information and general consultation of all
social partners, both multisectoral and sectoral.

2.3.3.

The cross-industry social dialogue

The  bipartite,  cross-industry  social  dialogue,  or  Val  Duchesse  social  dialogue,  has  played  a
pioneering role  at European  level since 1985.  It  was  there that the independent  players first
decided  to  launch  a  dialogue  which  could  bring  about  progress  through  agreements.  This
choice, made by UNICE, CEEP and ETUC in 1985, paved the way for inclusion of the social
partners’ role in the Treaty. It enabled these organisations to explore and discuss together the
key  themes  of  the  European  venture:  setting  in  place  a  cooperation  strategy  on  economic
policy,  completion  of  the  internal  market,  application  of  the  Social  Charter  of  the
Fundamental Rights of Workers and preparation of economic and monetary union.

Entry  into  force  of  the  Social  Protocol  in  1993  ushered  in  a  new  era  for  the  cross-industry
social dialogue. The social partners’ right to be consulted on proposals in the social field and
their option to request that matters be dealt with by agreement rather than legislation brought
them to the centre of the European social stage. So the Social Dialogue Committee, set up in
1992 as a standing social dialogue body, needs a new lease of life at this juncture.

The  Commission  considers  that  its  task  of  promoting  the  social  dialogue,  enshrined  in  the
Treaty, is essential and will pursue active dialogue with the cross-industry social partners on
formalisation  of  the  social  dialogue,  in  particular  on  working  out  ways  and  means  for
preparing their negotiations and monitoring implementation of agreements.

The  social  partners  are  requested  to  bring  into  effect  their  Laeken  declaration  by  establishing  a
political level to impart momentum every year to the work of the Social Dialogue Committee.

The Commission will provide backing for such impetus given by the annual social dialogue summits.

2.4.

Improving monitoring and implementation

The  European  social  partners  have  adopted  joint  opinions,  statements  and  declarations  and
recommendations on numerous occasions. More than 230 such joint sectoral texts have been
issued  and  some  40  cross-industry  texts.  In  this  way,  the  social  partners  have  been  able  to
have  their  say  in  discussions,  sometimes  even  to  anticipate  them,  including  at  European
Council level, and to exploit the areas of consensus reached on economic policy, employment,

17

structural  policies,  vocational  training  and  modernising  the  operation  of  the  labour  market.
However,  in  most  cases,  these  texts  did  not  include  any  provision  for  implementation  and
monitoring: they were responses to short-term concerns. They are  not well known  and their
dissemination  at  national  level  has  been  limited.  Their  effectiveness  can  thus  be  called  into
question.

Moreover,  in  recent  years  the  social  partners  have  increasingly  frequently  discussed  and
adopted so-called “new generation” texts (charters, codes of conduct, agreements) containing
commitments to implementation in the longer term9. In many sectors the social partners have
also  produced  practical  training  and  support  tools,  mainly  relating  to  adherence  to  rules  on
health and safety at work and public procurement (sugar and private security industries).

The  social  partners  should  endeavour  to  clarify  the  terms  used  to  describe  their  contributions  and
reserve the term “agreement” for texts implemented in accordance with the procedures laid down in
Article 139(2) of the Treaty.

2.4.1. Guidelines or frameworks for action

Special consideration must be given to the question of how to implement the texts adopted by
the  European  social  partners.  The  recommendations  of  the  High-Level  Group  on  Industrial
Relations and Change see the use of machinery based on the open method of coordination
as an extremely promising way forward.

The  social  partners  could  apply  some  of  their  agreements  (where  not  regulatory)  by
establishing  goals  or  guidelines  at  European  level,  through  regular  national  implementation
reports and regular, systematic assessment of progress achieved.

The  recent  “framework  of  actions  for  the  development  of  lifelong  competences  and
qualifications” adopted by the cross-industry social partners at the Barcelona Social Summit
is based on that approach.

The social partners are requested to:

– adapt the open method of coordination to their relations in all appropriate areas;

–  prepare  monitoring  reports  on  implementation  in  the  Member  States  of  these  frameworks  for
action;

– introduce peer review machinery appropriate to the social dialogue.

2.4.2.

Agreements under Article 139

For  implementation  and  monitoring  of  the  agreements  negotiated  by  the  social  partners,
two options are available:

–  The  Commission  presents  a  proposal  for  a  Council  Decision  in  areas  covered  by
Article  137.  This  takes  place  at  the  joint  request  of  the  signatory  parties  following

9

Extension  of  the  code  of  conduct  on  child  labour  to  all  fundamental  rights  in  the  footwear  industry
(November 2000); the agreement on  fundamental  principles  and  rights  at  work  in  commerce  (August
1999);  the  agreement  on  working  time  in  agriculture  (July  1997);  the  agreements  on  telework  in
telecommunications  (February  2001)  and  commerce  (April  2001)  and  at  cross-industry  level  (May
2002).

18

                                                
examination  by  the  Commission  of  the  following:  sufficiently  representative  contracting
parties, lawfulness of all clauses of the agreement under Community law, and compliance
with  the  provisions  concerning  small  and  medium-sized  enterprises.  The  social  partners’
agreement is then presented to the European Parliament for its opinion and transmitted to
the Council for its decision.

In that case, which is a procedure for extending agreements negotiated and concluded by
the social  partners, the  Council  is  required  to  take  a  decision  on  the  social  partners’  text
without changing the substance.

Implementation of the Council decision is monitored in accordance with the nature of the
instrument used (directive, regulation or decision). However, the Commission believes that
the  social  partners  who  triggered  the  regulatory  text  hold  special  responsibility  for  its
implementation.

The  Member  States  should  associate  the  social  partners  in  the  transposal  at  national  level  of
Community texts having formed the subject of a negotiated agreement.

The  Commission  will  systematically  consult  the  social  partners  who  have  signed  agreements  on
implementation reports, as was the case with parental leave and part-time work.

–  The  European  agreement  is  brought  into  effect  in  accordance  with  the  social
partners' and Member States' own procedures and practices. This option was chosen,
for example, by the negotiators on the improvement of paid employment in agriculture and
on telework at cross-industry level.

In that case, the Commission calls on the social partners to strengthen substantially the
procedures  for  on-the-spot  monitoring  and  to  prepare  regular  reports  on
implementation of the agreements signed. These reports should outline progress on the
content of the implementation of agreements and their coverage. Such structured reporting
is  particularly  necessary  where  the  agreement  negotiated  by  the  social  partners  follows
Commission consultation under Article 138 of the Treaty.

The Commission can review with the social partners the technical and logistic facilities
required for such monitoring, either by using existing budgetary tools or by introducing
new  mechanisms.  The  Dublin  Foundation  might  play  a  role  for  that  purpose  through
increased exploitation of the Industrial Relations Observatory (EIRO).

Looking ahead and in the medium term, the development of the European social dialogue
raises the question of European collective agreements as sources of law. The discussions
on the forthcoming reform of the Treaty should take this into consideration.

3.

SOCIAL DIALOGUE AND ENLARGEMENT, A DECISIVE CHALLENGE FOR THE UNION

For  some  ten  years  now,  most  of  the  candidate  countries  have  been  making  radical
adjustments  to  their  economic  and  social  structures  which  have  affected  industrial  relations
and  the  social  players.  Bipartite  social  dialogue  is  only  just  seeing  the  light  of  day  in  most
candidate  countries,  while  at  sectoral  level  it  is  almost  non-existent.  Yet  social  dialogue  is
enshrined in the Treaty and forms an integral part of the acquis communautaire.

19

3.1.

Reinforcing the social dialogue and its players

Effective  participation  in  the  European  social  dialogue  machinery  must  be  underpinned  by
organised  players  and  soundly-established  national  practices;  this  means  that  the  social-
partner  structures  in  the  candidate  countries  will  need  to  be  strengthened  in  the  run-up  to
accession. Only with sufficiently robust national structures will the social partners be able to
participate effectively in negotiations and  other  European  social  dialogue  activities  and  also
implement agreements at national level.

The European Union social partners have been establishing for some years now links with the
organisations in the candidate  countries by means of individual  and joint  operations  at  both
intersectoral  and  sectoral  level.  This  has  mainly  concerned  information,  training  and
exchanges.  Thanks  to  these  initiatives,  the  partners  in  the  candidate  countries  have  been
identified and a better understanding has been gained of the problems arising in an enlarged
Union (joint conferences in Warsaw and Bratislava, employers’ round tables, CEEP seminars,
ETUC  integration  committees,  sectoral  seminars  and  round  tables,  UEAPME  business
support  programme).  The  European  Union  has  helped  to  build  up  the  social  partners  and
expand the social dialogue in the candidate countries by providing technical assistance under
twinning arrangements (Phare, Consensus, Twinning).

In their joint contribution for Laeken, the social partners drew attention to the urgent need for
increased assistance in this area and noted that there was a veritable social dialogue deficit in
the candidate countries.

The Commission will:

– continue supporting the social partners’ initiatives;

–  make  full  use  of  the  financial  instruments  available  to  help  the  social  partners  in  the  candidate
countries improve fulfilment of their role.

3.2.

Developing the role of the social dialogue in the pre-accession strategy

The social partners of the candidate countries have an important role to play in the context of
the pre-accession strategy,  especially in the Phare programmes, in the drafting of  the  “Joint
assessment  papers  of  employment  policies  priorities”,  in  the  context  of  the  employment
strategy, and in preparing the candidate countries’ participation in work  on social inclusion,
notably the Joint Inclusion Memoranda. It is also essential that they be associated in preparing
the  national  development  plans  for  defining,  inter  alia,  the  future  priorities  for  assistance
under the Structural Funds, notably the European Social Fund (ESF).

The social partners are invited to:

–  associate  their  members  in  the  candidate  countries  in  review  of  the  progress  achieved  in
implementation of the Lisbon strategy;

– prepare a contribution for the next synthesis report in spring 2003 incorporating developments in the
candidate countries.

3.3.

Adjustments to social dialogue bodies

The Commission  will  respond  to  a  request  to  hold  a  further  meeting  of  the  cross-industry
Social Dialogue Committee open  to representatives  from the  candidate  countries.  For  their

20

part,  the  sectoral  social  partners  are  encouraged  to  pursue  their  contacts  with  the  social
partners  from  the  candidate  countries,  thus  promoting  enhanced  exchanges  of  experience.
More  generally,  the  social  partners  should  step  up  their  cooperation  and  organise  activities
targeted  at  their  partners  in  the  candidate  countries  (exchanges  of  best  practice,  capacity
building, and so on).

The membership of the social dialogue committees will also have to be adjusted on account
of  enlargement.  The  social  partners’  current  membership  is  based  on  the  principle  of
delegations  coordinated  by  the  European  organisations.  By  increasing  the  size  of  the
delegations,  it  will  be  possible  to  open  up  to  the  social  partners  of  the  new  Member  States
without reducing the operational capacity of the social dialogue.

4.

THE INTERNATIONAL DIMENSION OF THE SOCIAL DIALOGUE

The  European  development  model  combines  sound  economic  performance  with  social
progress. Consultation  and  partnership  play  a  key part in that integrated  approach.  And  this
dimension should be exploited in contacts between the European Union and  third  countries.
Much progress has been achieved in the past few years. In the different fields concerned, the
Commission,  with  the  support  of  the  Member  States,  will  continue  actively  to  involve  the
social  partners  in  its  international  relations  and  to  support  the  development  of  social
partnership  in  third  countries,  notably  in  developing  countries,  in  accordance  with  the
Communication on promoting core labour standards and improving social governance in the
context of globalisation (COM (2001) 416).

4.1.

Bilateral and regional relations

–  Euro-Mediterranean partnership: the social partners can make a worthwhile contribution,
on the basis of their specific competences and experiences, to establishment of a free trade
area by 2010. Practical initiatives aimed at cooperation should be encouraged so as to
involve  the  European  social  partners  and  their  members  and  those  of  the  Mediterranean
basin countries within the framework of the action plan adopted in Valencia in April 2002.

–  Partnership with Latin America: the Commission has set in place a number of programmes
aimed  at  reinforcing  cooperation  between  economic  and  social  players  in  Latin  America
and  the  European  Union.  Under  the  Urbs–Al  programme  in  particular,  there  are  good
prospects for the participation by the European social partners in cooperation and exchange
projects.

–  Relations  with  the  United  States:  following  the  Transatlantic  Declaration  of  1990,
reinforced  by  the  New  Transatlantic  Agenda  of  1995  and  the  subsequent  action  plan,
regular exchanges are organised between the United States and the European Union. These
exchanges should be extended in scope and time and increased between social-partner
organisations in the United States and the European Union.

–  Relations  with  Japan:  an  action  plan  adopted  in  2001  highlights  the  added  value  of  the
exchanges which have been organised for some ten years with social partner involvement.
The  areas  covered  by  the  exchanges  of  experience  have  been  extended  to  include,  inter
alia, ageing, employment and equal opportunities.

–  Relations  with  the  African,  Caribbean  and  Pacific  countries:  under  the  Cotonou
Agreement, participation at all levels is a legal requirement aimed at encouraging dialogue
between  government  partners  and  non-State  players  (private  sector,  economic  and  social

21

partners,  including  trade  unions  and  civil  society).  The  latter  are  informed  about  and
consulted on cooperation strategies, involved in the implementation of cooperation projects
and programmes, and receive financial and technical support for capacity building.

4.2.

Multilateral relations

–  Multilateral negotiations: the World Trade Organisation's relations with the social partners
form an integral part of its overall relations with civil society. The Marrakech Agreement
establishing  the  WTO  includes  special  provisions  on  consultation  and  cooperation  with
civil  society.  These  relations  have  resulted  mainly  in  ministerial  conferences  and
specialised symposiums. At European level, the social partners are involved in the process
in the framework of the Commission’s dialogue with civil society on trade aspects. They
have  played  a  constructive  role  as  experts  at  WTO  ministerial  conferences.  It  is  vital  to
reinforce  participation  by  the  social  partners  and  this  will  be  tackled  in  the  context  of
improving the WTO’s external transparency.

–  Relations  with  ILO:  the  exchange  of  letters  between  the  Commission  and  the  ILO  of
14 May  2001  revamps  and  updates  the  topics  for  cooperation  with  an  eye  to  the  two
institutions’  current  developments  and  priorities,  in  particular  the  social  dimension  of
globalisation  and  the  promotion  of  fundamental  social  rights,  employment  promotion,
social dialogue, enlargement, social protection and development cooperation.

Conclusions

The  social  dialogue  has  entered  a  new  era,  moving  on  from  setting  in  place  the  tools
(consultation  on  Community  initiatives,  possible  negotiation  of  independent  agreements)
enshrined  in  the  Treaty.  To  cope  with  the  strategy  for  economic  and  social  modernisation
adopted at the Lisbon European Council in March 2000 and the new challenges which have
emerged in conjunction with changes in society, employment and the world of work, we need
to  reinforce  concertation  on  economic  and  social  policy  and  independent  social  dialogue.
Moreover,  in  the  light  of  enlargement,  we  cannot  overlook  the  importance  of  strong  social
dialogue structures, an integral part of the Community acquis.

Making  a  practical  contribution  to  these  goals,  the  Commission  presents  a  proposal  for  a
Council Decision establishing a new Tripartite Social Summit for Growth and Employment;
thanks  to  this  Summit  the  social  partners  will  be  fully  involved  in  monitoring  the  Lisbon
strategy.

22

ANNEXES

–  List of social-partner organisations consulted under Article 138 of the Treaty

–  List of sectoral social dialogue committees

–  Consultations of the social partners under Article 138 of the Treaty

–  Examples of calls on the social partners

23

Annex 1

List of European social-partner organisations consulted under Article 138 of the Treaty

1. 

General cross-industry organisations

–  European  Centre  of  Enterprises  with  Public  Participation  and  of  Enterprises  of  General

Economic Interest (CEEP)

–  European Trade Union Confederation (ETUC)
–  Union of Industrial and Employers’ Confederations of Europe (UNICE)

2. 

Cross-industry  organisations 
undertakings

representing  certain  categories  of  workers  or

–  Confédération européenne des cadres (CEC)
–  Eurocadres
–  European Association of Craft and Small and Medium-Sized Enterprises (UEAPME)

3. 

Specific organisations

–  EUROCHAMBRES

4. 

Sectoral organisations representing employers

–  Airports Council International – Europe (ACI Europe)
–  Association of European Airlines (AEA)
–  Association of European Cooperative and Mutual Insurers (ACME)
–  Association of European Public Postal Operators (POSTEUROP)
–  Association of National Organisations of Fishing Enterprises in the EU (EUROPECHE)
–  Committee of Agricultural Organisations in the European Union (COPA)
–  Community of European Railways (CCFE)
–  Confédération européenne des organisations patronales de la coiffure (CIC-Europe)
–  Confederation  of  National  Associations  of  Tanners  and  Dressers  of  the  European

Community (COTANCE)

–  Employers' Group of the Committee of Agricultural Organisations in the European Union

(GEOPA)

–  European Apparel and Textile Organisations (EURATEX)
–  European Association of Cooperative Banks (EACB)
–  European Association of Potash Producers (APEP)
–  European Banking Federation (FBE)
–  European Federation of Security Services (CoESS)
–  European Committee of Sugar Manufacturers (CEFS)
–  European Community Shipowners’ Associations (ECSA)
–  European Confederation of the Footwear Industry (CEC)
–  European Confederation of Woodworking Industries (CEI–Bois)
–  European Construction Industry Federation (FIEC)
–  European Federation of Cleaning Industries (EFCI)
–  European Federation of National Insurance Associations (CEA)
–  European Furniture Manufacturers’ Federation (UEA)
–  European Regions Airline Association (ERA)
–  European Savings Banks Group (ESBG)
–  European Solid Fuels Association (CECSO)
–  European Telecommunications Network Operators’ Association (ETNO)
–  Europese Schippersorganisatie (ESO)/Organisation européenne de la batellerie (OEB)
–  General Committee for Agricultural Cooperation in the European Union (COGECA)
–  Hotels, Restaurants and Cafés in Europe (HOTREC)
–  International Air Carrier Association (IACA)
–  International Confederation of Temporary Work Businesses (CIETT–Europe)

24

–  International Federation of Insurance Intermediaries (BIPAR)
–  International Road Transport Union (IRU)
–  Performing Arts Employers’ Associations League Europe (PEARLE*)
–  The  Retail,  Wholesale  and 

International  Trade  Representation 

to 

the  EU

(EUROCOMMERCE)

–  Union internationale de la navigation fluviale (UINF)
–  Union of the Electricity Industry (EURELECTRIC)

5. 

European trade union organisations

–  European Cockpit Association (ECA)
–  European Entertainment Alliance (EEA)
–  European Federation of Building and Woodworkers (EFBWW)
–  European Federation of Public Service Unions (EFPSU)
–  European Federation of Trade Unions in the Food, Agriculture and Tourism Sectors and

Allied Branches (EFFAT)

–  European Mine, Chemical and Energy Workers’ Federation (EMCEF)
–  European Trade Union Federation: Textiles, Clothing and Leather (ETUF:TCL)
–  European Transport Workers’ Federation (ETF)
–  Union Network International – Europe (UNI–Europa)

–  European Federation of Journalists (EFJ)*
–  European Metalworkers’ Federation (EMF)*
–  European Trade Union Committee for Education (ETUCE)*

The list will be adapted as new sectoral social dialogue committees are set up and/or in the light of the
study on representativeness.

* Organisations affiliated to ETUC receiving copies of information.

25

Annex 2

List of sectoral social dialogue committees

Sector

Workers

Employers

Agriculture

Air transport

Banking

Cleaning

Commerce

Construction

Culture

Electricity

Footwear

Furniture

EFFAT

ECE; ETF

UNI–Europa

UNI–Europa

UNI–Europa

EFBWW

EEA

GEOPA–COPA

ACI Europe; AEA; ERA; IACA

EACB; ESBG; FBE

EFCI

EUROCOMMERCE

FIEC

PEARLE*

EMCEF; EPSU

EURELECTRIC

ETUF–TCL

EFBWW

CEC

UEA

Hotels & catering/tourism EFFAT

Inland waterways

ETF

Insurance

Mining

Personal services

Postal services

Private security

Railways

Road transport

Sea fishing

Sea transport

Sugar

Tanning

UNI–Europa

EMCEF

UNI–Europa

UNI–Europa

UNI–Europa

ETF

ETF

ETF

ETF

EFFAT

ETUF–TCL

Telecommunications

UNI–Europa

Temporary work

Textiles/clothing

Wood

UNI–Europa

ETUF–TCL

EFBWW

HOTREC

ESO/OEB; UINF

ACME; BIPAR; CEA

APEP; CECSO

CIC Europe

POSTEUROP

CoESS

CER

IRU

EUROPECHE/COGECA

ECSA

CEFS

COTANCE

ETNO

CIETT Europe

EURATEX

CEI–Bois

26

Annex 3

Consultations of the social partners under Article 138 of the Treaty

Date

Subject

Social partners’ contribution

1993

European works council

Opinion following attempt at negotiations

1995

Reconciling working life and family life

Agreement on parental leave (14 December 1996)

1995 Adaptation  of  the  burden  of  proof  in

Separate opinions

gender-based discrimination

1995

Flexibility  in  working  time  and  workers’
security

Agreement on part-time work (6 June 1997)

Agreement on fixed-term work (18 March 1999)

Failure  of  negotiations  on 
(May 2001)

temporary  work

1996

Prevention of sexual harassment at work

Separate opinions

1997 Worker information and consultation

Separate opinions

2000

Protecting  workers  against  employer’s
insolvency

Separate opinions

2000 Modernising  and  improving  employment

Agreement on telework (May 2002)

relations

2000

risks
Protecting  workers  against 
connected  with  exposure  to  asbestos  at
work

the 

Separate opinions

2000

Safety  and  health  at  work  for  the  self-
employed

Separate opinions

2001

Protecting employees’ personal data

In progress

2002 Anticipating  and  managing  change.  A
dynamic  approach  to  the  social  aspects  of
corporate restructuring

In progress

27

Annex 4

Examples of calls on the social partners

Employment

The  social  partners  are  invited  to  negotiate  and  implement  at  all  appropriate  levels
agreements  to  modernise  the  organisation  of  work,  including  flexible  working
arrangements.  The  social  partners  are  invited,  at  all  relevant  levels,  to  conclude
agreements,  where  appropriate,  on  lifelong  learning  to  facilitate  adaptability  and
innovation. (Employment guidelines)

The  social  partners  are  invited  to  play  a  more  prominent  role  in  defining,
implementing  and  evaluating  the  employment  guidelines  which  depend  on  them,
focusing  particularly  on  modernising  work  organisation,  lifelong  learning  and
increasing the employment rate, particularly for women. (Feira European Council)

Training

The social partners are invited to conclude agreements on the promotion of access to
learning  opportunities,  in  particular  for  workers  with  low  levels  of  skills  and  older
workers.  (Communication  on  “Making  a  European  area  of  lifelong  learning  a
reality”)

Mobility

Giving  higher  priority  to  lifelong  learning  as  a  basic  component  of  the  European
social  model,  including  by  encouraging  agreements  between  the  social  partners  on
innovation and lifelong learning. (Lisbon European Council)

The social partners, the Member States and the Community institutions must step up
their  efforts  to  improve  transferability.  The  Commission  will  consult  the  social
partners  to  bring  forward  legislation  or  equivalent  measures.  Member  States,  in
cooperation with the Commission and the social partners … should undertake a joint
commitment  to  implement  and  further  develop  such  instruments  as  the  European
Credit  Transfer  System,  diploma  and  certificate  supplements,  Europass  and  the
European  portfolio  and  CV  by  2003.  (Commission  action  plan  for  skills  and
mobility)

Active ageing

Involving the active commitment of the social partners is a crucial element to success
in the  suggested overall policy approach. It belongs to their tasks,  with full respect
for  their  autonomy,  to  negotiate  working  conditions  …  to  keep  older  workers  in
work  for  the  benefit  of  employees  and  employers  as  well  as  for  the  economy  and
society as a whole. (Report on active ageing)

Anticipating
and  managing
change

Consultation of the social partners on the identification at Community level of best
practices on restructuring guided by a long-term vision aimed at developing human
capital.  (First-stage  consultation  of  the  social  partners  under  Article  138(2)  of  the
Treaty)

The European Council invites the social partners to find ways of managing corporate
restructuring  better  through  dialogue  and  a  preventive  approach.  (Barcelona
European Council)

28

Proposal for a

COUNCIL DECISION

establishing a Tripartite Social Summit for Growth and Employment

29

2002/0136 (CNS)

Proposal for a

COUNCIL DECISION

establishing a Tripartite Social Summit for Growth and Employment

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
202 thereof,

Having regard to the proposal from the Commission1,

Having regard to the Opinion of the European Parliament2,

Whereas:

(1) 

(2) 

(3) 

(4) 

1

2

3

4

The social partners  are  associated  in  implementation  of  the  coordinated  employment
strategy  established  by  the  Luxembourg  European  Council  of  20  and  21 November
1997 within the Standing Committee on Employment established by Council Decision
70/532/EC  setting  up  the  Standing  Committee  on  Employment  of  the  European
Communities3, amended by Decision 99/207/EC of 9 March 19994.

The  Cologne  European  Council  of  3  and  4  June  1999  set  up  a  macroeconomic
dialogue with the participation of representatives from the Council, the Commission,
the European Central Bank and the social partners.

The  Lisbon European Council of 23 and 24 March 2000 set a new  strategic goal for
the next decade and agreed that achievement of that goal required an overall strategy
designed  to  integrate  structural  reforms,  the  coordinated  European  employment
strategy, social protection and macroeconomic policies.  In its Communication on the
social  dialogue,  the  Commission  stresses  that  the  Tripartite  Social  Summit  should
contribute to the debate on these topics.

In their joint contribution to the Laeken European Council, the social partners pointed
out that the Standing Committee on Employment had not led to a similar integration of
concertation and that it did not meet the need for coherence and synergy between the
various processes in which they were involved.

They  also  proposed,  in  their  contribution,  that  the  Standing  Committee  on
Employment should be replaced by a tripartite concertation committee for growth and
employment  which  would  be  the  forum  for  consultation  between  the  social  partners

OJ L 273 of 17.12.1970, p. 25; Decision amended by Decision 75/62/EEC (OJ L 21 of 28.1.1975, p.17).
OJ L 72 of 18.3.1999, p. 33.

30

                                                
and  the  public  authorities  in  the  overall  European  strategy  defined  at  the  Lisbon
European Council.

(5) 

The Laeken European Council which met on 14 and 15 December 2001 took note of
the  social  partners’  willingness  to  develop  and  improve  coordination  of  concertation
on  the  various  aspects  of  the  Lisbon  strategy.  This  was  confirmed  by  the  Barcelona
European Council of 15 and 16 March 2002,

HAS DECIDED AS FOLLOWS:

Article 1
Establishment

A  Tripartite  Social  Summit  for  Growth  and  Employment  (hereinafter  referred  to  as  "the
Summit”) is hereby established.

Article 2
Tasks

The task of the Summit shall be to ensure, in compliance with the Treaty and with due regard
for  the  powers  of  the  institutions  and  bodies  of  the  European  Community,  that  there  is
continuous concertation between the Council, the Commission and the social partners in order
to enable the social partners to contribute, on the basis of their social dialogue, to the various
components of the integrated economic and social strategy launched at the Lisbon European
Council in March 2000 and supplemented by the Gothenburg European Council in June 2001.
For that purpose, it shall draw on the upstream work of and discussions between the Council,
the Commission and the social partners in the different concertation forums.

Article 3
Membership

1. 

2. 

The Summit shall consist of the Council Presidency at Head of State or Government
level  and  the  two  subsequent  Presidencies,  the  Commission  and  representatives  of
the social partners.

The social partners’ representatives shall number 20 at most and shall be divided into
two  delegations  of  equal  size  comprising  10  workers’  representatives  and  10
employers’ representatives.

Each  delegation  shall  consist  of  representatives  of  European  cross-industry
organisations  either  representing  general  interests  or  more  specific  interests  of
supervisory  and  managerial  staff  and  small  and  medium-sized  businesses  at
European level.

The  technical  coordination  shall  be  provided  for  the  workers’  delegation  by  the
European Trade Union Confederation (ETUC) and for the employers’ delegation by
the Union of Industrial and Employers’ Confederations of Europe (UNICE).

31

Article 4
Operation

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The Summit shall meet at least once a year. A meeting shall be held just before the
spring European Council.

The Summit shall be chaired jointly by the President-in-Office of the Council and the
President of the Commission.

The  matters  to be  discussed shall be  determined jointly  by  the  Council  Presidency,
the Commission and the workers’ and employers’ cross-industry organisations taking
part in the Summit’s work.

The  joint  chairs  of  the  Summit  shall  report  to  the  European  Council  on  the
discussions and the results at the meetings.

The  meetings  of  the  Summit  shall  be  convened  by  the  joint  chairs  on  their  own
initiative.

The  Summit  members  representing  the  social  partners’  organisations  referred  to  in
Article  3(2)  shall  receive  travelling  and  subsistence  expenses  as  determined  by  the
Council.

Rules of procedure shall be drawn up on the initiative of the joint chairs to determine
how the Summit operates.

Article 5
Repeal

Decision 99/207/EEC shall be repealed. The repeal shall take effect from the date of the first
meeting of the Summit established by this Decision.

Article 6
Entry into force

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

Done at Brussels,

For the Council
The President

32