Article 1 
Object and principles 1. The purpose of this Directive is to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community. 2. The practical arrangements for information and consultation shall be defined and implemented in accordance with national law and industrial relations practices in individual Member States in such a way as to ensure their effectiveness. 3. When defining or implementing practical arrangements for information and consultation, the employer and the employees' representatives shall work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking or establishment and of the employees. Article 2 Definitions For the purposes of this Directive: (a) "undertaking" means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States; (b) "establishment" means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources; (c) "employer" means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice; (d) "employee" means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice; (e) "employees' representatives" means the employees' representatives provided for by national laws and/or practices; (f) "information" means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it; (g) "consultation" means the exchange of views and establishment of dialogue between the employees' representatives and the employer. Article 3 Scope 1. This Directive shall apply, according to the choice made by Member States, to: (a) undertakings employing at least 50 employees in any one Member State, or (b) establishments employing at least 20 employees in any one Member State. Member States shall determine the method for calculating the thresholds of employees employed. 2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation. 3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas. Article 4 Practical arrangements for information and consultation 1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article. 2. Information and consultation shall cover: (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; (b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 9(1). 3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation. 4. Consultation shall take place: (a) while ensuring that the timing, method and content thereof are appropriate; (b) at the relevant level of management and representation, depending on the subject under discussion; (c) on the basis of information supplied by the employer in accordance with Article 2(f) and of the opinion which the employees' representatives are entitled to formulate; (d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; (e) with a view to reaching an agreement on decisions within the scope of the employer's powers referred to in paragraph 2(c). Article 5 Information and consultation deriving from an agreement Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Article 6 Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 7 Protection of employees' representatives):
Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them.
Article 2 
Definitions For the purposes of this Directive: (a) "undertaking" means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States; (b) "establishment" means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources; (c) "employer" means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice; (d) "employee" means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice; (e) "employees' representatives" means the employees' representatives provided for by national laws and/or practices; (f) "information" means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it; (g) "consultation" means the exchange of views and establishment of dialogue between the employees' representatives and the employer. Article 3 Scope 1. This Directive shall apply, according to the choice made by Member States, to: (a) undertakings employing at least 50 employees in any one Member State, or (b) establishments employing at least 20 employees in any one Member State. Member States shall determine the method for calculating the thresholds of employees employed. 2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation. 3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas. Article 4 Practical arrangements for information and consultation 1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article. 2. Information and consultation shall cover: (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; (b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 9(1). 3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation. 4. Consultation shall take place: (a) while ensuring that the timing, method and content thereof are appropriate; (b) at the relevant level of management and representation, depending on the subject under discussion; (c) on the basis of information supplied by the employer in accordance with Article 2(f) and of the opinion which the employees' representatives are entitled to formulate; (d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; (e) with a view to reaching an agreement on decisions within the scope of the employer's powers referred to in paragraph 2(c). Article 5 Information and consultation deriving from an agreement Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Article 6 Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 2 Definitions):
For the purposes of this Directive: (a) ‘undertaking’ means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States; (b) ‘establishment’ means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources; (c) ‘employer’ means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice; (d) ‘employee’ means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice; (e) ‘employees' representatives’ means the employees' representatives provided for by national laws and/or practices; (f) ‘information’ means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it; (g) ‘consultation’ means the exchange of views and establishment of dialogue between the employees' representatives and the employer.
Article 3 
Scope 1. This Directive shall apply, according to the choice made by Member States, to: (a) undertakings employing at least 50 employees in any one Member State, or (b) establishments employing at least 20 employees in any one Member State. Member States shall determine the method for calculating the thresholds of employees employed. 2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation. 3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas. Article 4 Practical arrangements for information and consultation 1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article. 2. Information and consultation shall cover: (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; (b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 9(1). 3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation. 4. Consultation shall take place: (a) while ensuring that the timing, method and content thereof are appropriate; (b) at the relevant level of management and representation, depending on the subject under discussion; (c) on the basis of information supplied by the employer in accordance with Article 2(f) and of the opinion which the employees' representatives are entitled to formulate; (d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; (e) with a view to reaching an agreement on decisions within the scope of the employer's powers referred to in paragraph 2(c). Article 5 Information and consultation deriving from an agreement Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Article 6 Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 3 Scope):
1. This Directive shall apply, according to the choice made by Member States, to: (a) undertakings employing at least 50 employees in any one Member State, or (b) establishments employing at least 20 employees in any one Member State. Member States shall determine the method for calculating the thresholds of employees employed. 2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation.
Article 4 
Practical arrangements for information and consultation 1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article. 2. Information and consultation shall cover: (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; (b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; (c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 9(1). 3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation. 4. Consultation shall take place: (a) while ensuring that the timing, method and content thereof are appropriate; (b) at the relevant level of management and representation, depending on the subject under discussion; (c) on the basis of information supplied by the employer in accordance with Article 2(f) and of the opinion which the employees' representatives are entitled to formulate; (d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; (e) with a view to reaching an agreement on decisions within the scope of the employer's powers referred to in paragraph 2(c). Article 5 Information and consultation deriving from an agreement Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Article 6 Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 4 Practical arrangements for information and consultation):
1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article. 3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation.
Article 5 
Information and consultation deriving from an agreement Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Article 6 Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 5 Information and consultation deriving from an agreement):
Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4.
Article 6 
Confidential information 1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question. Article 7 Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 6 Confidential information):
1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality. 2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it. 3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question.
Article 7 
Protection of employees' representatives Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Article 8 Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Article 8 
Protection of rights 1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive. Article 9 Link between this Directive and other Community and national provisions 1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC. 2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC. 3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law. 4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to: (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a). Article 11 Transposition 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof. 2. Where Member States adopt these measures, 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 the Member States. Article 12 Review by the Commission Not later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments. Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 Addresses This Directive is addressed to the Member States. Done at Brussels, 11 March 2002. For the European Parliament The President P. Cox For the Council J. Piqué i Camps (1) OJ C 2, 5.1.1999, p. 3. (2) OJ C 258, 10.9.1999, p. 24. (3) OJ C 144, 16.5.2001, p. 58. (4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002. (5) OJ L 225, 12.8.1998, p. 16. (6) OJ L 82, 22.3.2001, p. 16. (7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22). Joint declaration of the European Parliament, the Council and the Commission on employee representation "With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)." This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
Amendment rationale: CONTEXT OF THE PROPOSAL The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC[1] relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC[2] on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC[3] establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC[4] on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC[5] relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC[6] concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking (Article 27), and the right to fair and just working conditions (Article 31). Most of the Member States have made little or no use of the exclusions. Eight Member States[7] have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees[8]. Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of

|52013PC0798Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC /* COM/2013/0798 final - 2013/0390 (COD) */EXPLANATORY MEMORANDUM1.           CONTEXT OF THE PROPOSALThe EU labour law directives are generally\r applicable to all sectors of activity and all categories of workers.\r Nevertheless, seafarers are excluded or can be excluded from the scope of six directives,\r without any express justification. The directives concerned are the following:•        Directive 2008/94/EC[1] relating to the protection of\r employees in the event of the insolvency of their employer (hereafter referred\r to as ‘the Employer Insolvency Directive’);•        Directive 2009/38/EC[2] on the establishment of\r European Works Council (hereafter referred to as the ‘European Works Council\r Directive’);•        Directive 2002/14/EC[3] establishing a general\r framework for informing and consulting employees (hereafter referred to as the ‘Information\r and Consultation Directive’);•        Directive 98/59/EC[4] on the approximation of the\r laws of the Member States relating to collective redundancies (hereafter\r referred to as the ‘Collective Redundancies Directive’);•        Directive 2001/23/EC[5] relating to the safeguarding of\r employees’ rights in the event of transfers of undertakings (hereafter referred\r to as the ‘Transfer of Undertakings Directive’);•        Directive 96/71/EC[6] concerning the posting of\r workers in the framework of the provision of services (hereafter referred to as\r the ‘Posting of Workers Directive’).Depending on the situation at national level,\r exclusions could have a negative impact on a number of rights recognised under\r the Charter of Fundamental Rights of the European Union, in particular the\r right to information and consultation within the undertaking (Article 27), and\r the right to fair and just working conditions (Article 31).Most of the Member States have made little or\r no use of the exclusions. Eight Member States[7]\r have not excluded seafarers from any of the Directives and eight Member States\r have made use of only one exclusion. This situation gives rise to a potential\r situation whereby the same categories of workers are treated differently in the\r different Member States.Furthermore, as underlined by the Commission\r previously, the number of EU national seafarers is steadily decreasing and this\r could be problematic for the future, notably because experience off-shore is\r essential for certain shore-based jobs. Although this could be the consequence\r of different factors, the lack of interest in maritime careers may be\r reinforced by the impression that seafarers are less well protected than other\r employees[8].Hence, the current situation does not ensure a\r level playing field in the European market, since certain companies are\r exempted from certain obligations, notably in terms of information and\r consultation, which are mandatory for competing companies based in other Member\r States.As a consequence, the aim of the proposal is to\r improve the level of protection of the rights protected under the EU Charter of\r Fundamental Rights in EU labour law and to ensure a level playing field at EU\r level. Furthermore, it contributes to general policy objectives which are\r enshrined in Article 151 TFEU, namely the promotion of employment, improved\r living and working conditions, proper social protection and dialogue between\r management and labour.1.1.        Consistency with other EU\r policies and horizontal objectivesThis initiative aims at assessing the scope and\r reasons for the exclusion or faculty to exclude seafarers from labour law directives.\r The Commission is committed to ensuring the compatibility of any new\r legislative proposal with the EU Charter of Fundamental Rights and to assess\r the impact of all such proposals on the rights and principles protected under\r the Charter. In the case at stake, suppressing the exclusions would have a\r positive impact on the rights protected under Articles 27 and 31 of the\r Charter.It is also fully in line with the Integrated\r Maritime Policy for the European Union established in 2007 through the\r so-called ‘Blue Book’[9].\r In the ‘Blue Book’ the Commission insisted on its aim ‘to increase the number\r and quality of maritime jobs for European citizens’, stressing in\r particular that:‘Improved staffing policies and working\r conditions (including health and safety), supported by a concerted effort by\r all maritime stakeholders and an efficient regulatory framework taking into\r account its global context, are necessary if Europeans are to be attracted to\r the sector.’The Commission stated that in order to meet the\r objective it would ‘reassess, in close cooperation with social partners, the\r exclusions affecting maritime sectors in EU labour legislation’.The Commission reaffirmed its objective to\r increase the number and quality of jobs in the maritime sector in its\r Communication on ‘Blue Growth’[10]\r which was endorsed by the European Ministers responsible for the Integrated\r Maritime Policy in the Limassol Declaration [11].This proposal is also in line with the EU 2020\r Strategy and its goals, notably in terms of employment. Improving the quality\r of work and working conditions, and in particular reviewing the existing\r legislation and providing for a smarter EU legal framework for employment and health\r and safety at work, constitute key actions within the context of ‘An Agenda for\r new skills and jobs: A European contribution towards full employment’
Revised version (Article 8 Protection of rights):
1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced. 2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive.