Council Directive 2006/109/EC of 20 November 2006 adapting Directive 94/45/EC 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, by reason of the accession of Bulgaria and Romania
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: Bulgaria, Council of the European Union, EC Directive, European Works Council, Romania, accession to the European Union, approximation of laws, worker consultation, worker information

416

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Official Journal of the European Union

20.12.2006

COUNCIL DIRECTIVE 2006/109/EC

of 20 November 2006

adapting Directive 94/45/EC 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, by reason of the accession of Bulgaria and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European Com-
munity,

Having regard to the Treaty of Accession of Bulgaria and
Romania (1), and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and
Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Pursuant to Article 56 of the Act of Accession, where
acts of the institutions remain valid beyond 1 January
2007, and require adaptation by reason of accession,
and the necessary adaptations have not been provided
for in the Act of Accession or its Annexes, the necessary
acts are to be adopted by the Council, unless the
Commission adopted the original act.

The Final Act of the Conference which drew up the
Treaty of Accession indicated that the High Contracting
Parties had reached political agreement on a set of adap-
tations to acts adopted by the institutions required by
reason of accession and invited the Council and the
Commission to adopt these adaptations before accession,
completed and updated where necessary to take account
of the evolution of the law of the Union.

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 Com-
munity-scale groups of undertakings for the purposes of
informing and consulting employees (2) should therefore
be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/45/EC shall be amended as set out in the Annex.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by the date of accession of Bulgaria and Romania to
the European Union at the latest. They shall forthwith commu-
nicate to the Commission the text of those provisions and a
correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force subject to and on the date
of the entry into force of the Treaty of Accession of Bulgaria
and Romania.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 20 November 2006

For the Council

The President

J. KORKEAOJA

(1) OJ L 157, 21.6.2005, p. 11.
(2) OJ L 254, 30.9.1994, p. 64.

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Official Journal of the European Union

417

ANNEX

SOCIAL POLICY AND EMPLOYMENT

31994 L 0045: 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 (OJ L 254, 30.9.1994, p. 64), as amended by:

— 31997 L 0074: Council Directive 97/74/EC of 15.12.1997 (OJ L 10, 16.1.1998, p. 22).

Without prejudice to any future review prior to the date of accession, Article 5(2)(b) is replaced by the following:

‘(b) The special negotiating body shall have a minimum of three members and a maximum of members equal to the

number of Member States.’.