CELEX: 51975PC0455
Language: en
Date: 1975-09-10
Title: COMMUNICATION FROM THE COMMISSION TO THE COUNCIL concerning a proposal for a Council regulation amending Council Regulation (EEC) No 1612/68 as regards the extension of trade unions rights in favour of the workers who move within the Community (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 455
Vol. 1975/0171
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 ---pagebreak--- LIISSICN CP THE EUAORS^RR COMMUMIIES
                                             COM(75)455
                                             Brussels , 10 September 1975
            COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
      concerning a proposal for a Council regulation amending Council
     Regulation ( EEC ) HO 1612/68 as regards the extension of trade
     unions' rights in favour of the workers who move within the
                                 Community
              ( submitted to the Council "by the Commission )
>n(75 ) 455
 ---pagebreak---                        EXPLANATORY MEMORANDUM
      At the time of the adoption of Council Regulation No 1612/68
on the freedom of movement for workers within the Community , some
reservations were made with regard to the Commission 's proposal to
include within the heading of equality of treatment in the exercise
of trade union rights the right to take part in the management and
administration of a trade union , a proposal which was based on the
Opinion of trade unions of the Member States .
      With regard to the proposal of Article 8 of the said Regulation,
the reason for these reservations stemmed from the national law of
one Member State , which limited this right to nationals only .
      The agreement reached within the Council provided that Member
States would be permitted to exclude certain persons from eligibility
for posts in the management and administration in a trade union , but
that this problem would be subject to reexamination on the basis of
a new proposal by the Commission .
      Subsequently , because of the amendments in the national legis­
lations , Community workers who are working in a Member State other
than their own have become eligible for posts in management and
administration in trade unions .
      However , the Commission considers that despite the fact that
Article ^8 of the Treaty has been adjudged to be directly applicable ,
steps should be taken , in order to assure legal certainty for those
persons affected , to consolidate at Community level what Member States
have already acknowledged and to amend Article 8 of Regulation 1612 /68
by putting an end to the ambiguous situation resulting from its
present wording .
 ---pagebreak---         Furthermore , this question of eligibility for posts in administra­
tion and management in a trade union must be distinguished from that
of non national workers taking part in the management of bodies
governed by public law and from holding an office governed by public
law ; in point of fact , this latter question is largely outside the
scope of articles 48 and 4-9 of the Treaty of Rome relating to the
freedom of movement for workers and a solution will have to be found
within the framework of the implementation of the Action Programme in
favour of migrant workers and their families which the Commission
presented to the Council on the 19th December 1974 ( 1 )«
( 1 ) Document C0M(74 ) 2250 of 18 December 1974 .
 ---pagebreak---         Council Regulation ( EEC ;          • *..• • • -.» . y. « ». '' c' « « » •
  amending Council Regulation ( EEC ) No 1612/68 as regards the extension
  of trade union rights in favour of the workers who move within the
  Community .
I                                                                              !
        The Council of the European Communities ,
t Having regard to the Treaty establishing the Europaan Economic
  Community , and in particular Article ^9 thereof ;
  Having regard to the proposal from the Commission ;
  Having regard to the Opinion of the European Parliament ;
  Having regard to the Opinion of the Economic and Social Committee ;
  Whereas the progressive integration of the labour market must be
  accompanied by an increasing participation of those workers who are
  nationals of Member States in the economic and social life of the
  host country ;
  Whereas the provisions adopted pursuant to Articles *f8 and *f9 of the
  Treaty establishing the EEC , and in particular Article 8 of Council
  Regulation (EEC) No 1612/68 ^*^ of 15 October 1968 on freedom of movement
  for workers within the Community , have enabled progress to be made
  in this direction by introducing equality of treatment in the trade
  union sector whereby workers can participate in the selection of trade
  union leaders ; whereas however Member States retained the right to
  prohibit workers who are nationals of another Member State from partici­
  pating in the administration or management of such organisation ;
  Whereas Article 8 ( 2 ) of Regulation ( EEC ) No 1612/68 provides that
  this Article should be reviewed by the Council on the basis of a proposal
  from the Commission ; .
  Whereas , since the adoption of the said Regulation , existing prohibitions
  in this field have been abolished by amendments of national legislation
  and whereas in consequence it is no longer strictly necessary to adopt
  community provisions , also taking into account that Article ^8 of the
  Treaty is directly applicable ;
  (+) O.J. No L 257 - 19*10.1968 , p. 2
 ---pagebreak---                                    - 2 -
VLhereas , however v in order to ensure legal certainty for those persons
affected , Article 8 should be amended ?
Whereas s however , the holding, of an office within a trade union ,
whether executive or not , should be distinguished from the taking
part in the management of bodies governed by public law and the holding
of an office governed by public law ; and whereas the fact that a
Member State reserves to its own nationals the holding of such offices
and the taking part in the management of such organizations cannot
preclude workers . who are nationals of another Member State from being
eligible for executive office within a trade union ;
HAS ADOPTED THIS REGULATION :
Sole Article :
       Article 8 of Council Regulation (EEC ) No 1612/68 shall be
amended as follows :
"      A worker who is a national of a Member State and who is
"employed in the territory of another Member State shall enjoy
"equality of treatment as regard membership of trade unions and
" the exercise of rights attaching thereto , including the right
" to vote and to be eligible for the administration or management of
"a trade union . Furthermore , he shall have the right of eligibility
" for workers' representative bodies in the undertaking .
"      The exercise of trade union rights under the same conditions
"as those of national workers does not however automatically entitle
"him to take part in the management of a body governed by public law
"or to hold an office governed by public law .
"      The provisions of this Article shall not affect laws or
"regulations in certain Member States which grant more extensive
"rights to workers coming from the other Member States ".
       This Regulation 6hall be binding in its entirety and directly
applicable in all Member States .