Article 1 
1. For the purposes of this Directive: (a) ‘collective redundancies’ means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is: (i) either, over a period of 30 days: — at least 10 in establishments normally employing more than 20 and less than 100 workers, — at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers, — at least 30 in establishments normally employing 300 workers or more, (ii) or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question; (a) ‘collective redundancies’ means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is: (i) either, over a period of 30 days: — at least 10 in establishments normally employing more than 20 and less than 100 workers, — at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers, — at least 30 in establishments normally employing 300 workers or more, (i) either, over a period of 30 days: — at least 10 in establishments normally employing more than 20 and less than 100 workers, — at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers, — at least 30 in establishments normally employing 300 workers or more, (ii) or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question; (b) ‘workers' representatives’ means the workers' representatives provided for by the laws or practices of the Member States. For the purpose of calculating the number of redundancies provided for in the first subparagraph of point (a), terminations of an employment contract which occur on the employer's initiative for one or more reasons not related to the individual workers concerned shall be assimilated to redundancies, provided that there are at least five redundancies. 2. This Directive shall not apply to: (a) collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts; (b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies); (c) the crews of seagoing vessels.
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 1 ):
For the purpose of calculating the number of redundancies provided for in the first subparagraph of point (a), terminations of an employment contract which occur on the employer's initiative for one or more reasons not related to the individual workers concerned shall be assimilated to redundancies, provided that there are at least five redundancies. 2. This Directive shall not apply to: (a) collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts; (b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies).
Article 2 
1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers' representatives in good time with a view to reaching an agreement. 2. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed, inter alia , at aid for redeploying or retraining workers made redundant. Member States may provide that the workers' representatives may call on the services of experts in accordance with national legislation and/or practice. 3. To enable workers' representatives to make constructive proposals, the employers shall in good time during the course of the consultations: (a) supply them with all relevant information and (b) in any event notify them in writing of: (i) the reasons for the projected redundancies; (ii) the number and categories of workers to be made redundant; (iii) the number and categories of workers normally employed; (iv) the period over which the projected redundancies are to be effected; (v) the criteria proposed for the selection of the workers to be made redundant in so far as national legislation and/or practice confers the power therefor upon the employer; (vi) the method for calculating any redundancy payments other than those arising out of national legislation and/or practice. (b) in any event notify them in writing of: (i) the reasons for the projected redundancies; (ii) the number and categories of workers to be made redundant; (iii) the number and categories of workers normally employed; (iv) the period over which the projected redundancies are to be effected; (v) the criteria proposed for the selection of the workers to be made redundant in so far as national legislation and/or practice confers the power therefor upon the employer; (vi) the method for calculating any redundancy payments other than those arising out of national legislation and/or practice. The employer shall forward to the competent public authority a copy of, at least, the elements of the written communication which are provided for in the first subparagraph, point (b), subpoints (i) to (v). 4. The obligations laid down in paragraphs 1, 2 and 3 shall apply irrespective of whether the decision regarding collective redundancies is being taken by the employer or by an undertaking controlling the employer. In considering alleged breaches of the information, consultation and notification requirements laid down by this Directive, account shall not be taken of any defence on the part of the employer on the ground that the necessary information has not been provided to the employer by the undertaking which took the decision leading to collective redundancies.
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 ):
1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers' representatives in good time with a view to reaching an agreement. 2. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed, inter alia , at aid for redeploying or retraining workers made redundant. Member States may provide that the workers' representatives may call on the services of experts in accordance with national legislation and/or practice. The employer shall forward to the competent public authority a copy of, at least, the elements of the written communication which are provided for in the first subparagraph, point (b), subpoints (i) to (v). 4. The obligations laid down in paragraphs 1, 2 and 3 shall apply irrespective of whether the decision regarding collective redundancies is being taken by the employer or by an undertaking controlling the employer. In considering alleged breaches of the information, consultation and notification requirements laid down by this Directive, account shall not be taken of any defence on the part of the employer on the ground that the necessary information has not been provided to the employer by the undertaking which took the decision leading to collective redundancies.
Article 3 
1. Employers shall notify the competent public authority in writing of any projected collective redundancies. However, Member States may provide that in the case of planned collective redundancies arising from termination of the establishment's activities as a result of a judicial decision, the employer shall be obliged to notify the competent public authority in writing only if the latter so requests. This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected. 2. Employers shall forward to the workers' representatives a copy of the notification provided for in paragraph 1. The workers' representatives may send any comments they may have to the competent public authority.
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 ):
1. Employers shall notify the competent public authority in writing of any projected collective redundancies. However, Member States may provide that in the case of planned collective redundancies arising from termination of the establishment's activities as a result of a judicial decision, the employer shall be obliged to notify the competent public authority in writing only if the latter so requests. Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies. This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected. 2. Employers shall forward to the workers' representatives a copy of the notification provided for in paragraph 1. The workers' representatives may send any comments they may have to the competent public authority.
Article 4 
1. Projected collective redundancies notified to the competent public authority shall take effect not earlier than 30 days after the notification referred to in Article 3(1) without prejudice to any provisions governing individual rights with regard to notice of dismissal. Member States may grant the competent public authority the power to reduce the period provided for in the preceding subparagraph. 2. The period provided for in paragraph 1 shall be used by the competent public authority to seek solutions to the problems raised by the projected collective redundancies. 3. Where the initial period provided for in paragraph 1 is shorter than 60 days, Member States may grant the competent public authority the power to extend the initial period to 60 days following notification where the problems raised by the projected collective redundancies are not likely to be solved within the initial period. Member States may grant the competent public authority wider powers of extension. The employer must be informed of the extension and the grounds for it before expiry of the initial period provided for in paragraph 1. 4. Member States need not apply this Article to collective redundancies arising from termination of the establishment's activities where this is the result of a judicial decision.
Article 5 
This Directive shall not affect the right of Member States to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to promote or to allow the application of collective agreements more favourable to workers.
Article 6 
Member States shall ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to the workers' representatives and/or workers.
Article 7 
Member States shall forward to the Commission the text of any fundamental provisions of national law already adopted or being adopted in the area governed by this Directive.
Article 8 
1. The Directives listed in Annex I, Part A, are hereby repealed without prejudice to the obligations of the Member States concerning the deadlines for transposition of the said Directive set out in Annex I, Part B. 2. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
Article 9 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities .
Article 10 
This Directive is addressed to the Member States.