Brussels, 08/10/2013 (Agence Europe) - The review of the directive on the posting of workers will return to the EU Council discussion table at the meeting of employment and social affairs ministers in Luxembourg on Tuesday 15 October. While the Lithuanian Presidency of the Council would like to devote as much time to it as is needed to have a general approach adopted, the member states remain divided into two groups over, principally, a key point in the European Commission proposal, suggesting long discussions and an uncertain outcome.
The latest negotiations in Coreper were largely given, unsurprisingly, to the national control measures provided for in Article 9 of the draft implementing directive (96/71/EC). In the course of the meeting on 4 October, a joint proposal was submitted by the United Kingdom, Poland, Hungary, Romania, Latvia, Estonia, the Czech Republic, Slovenia, Slovakia, Ireland and Croatia. This still backs what is known as the “closed list” option but, unlike the Lithuanian Presidency proposal, which has the support of the Commission, brings in the principles of the services directive, such as transparency, non-discrimination and proportionality criteria. It also proposes that all member states be required to notify all existing and future measures to the Commission. The Commission would then have three months to check compliance with the implementing directive and could, if necessary, call for changes.
This proposal is far from contenting the other member states, some of which believe it to be a step backwards and refuse that such principles from the services directive be included. At the same time, giving so much control authority to the Commission is not acceptable to other delegations; the initial proposal and that of the Lithuanian Presidency speak only of a duty to provide information and monitoring of implementation of the Article after three years. The Commission, too, opposes the joint proposal from the eleven delegations, taking the view that it is too restrictive and would result in too great an administrative burden.
At the Luxembourg Council, discussions will also turn to the provisions on joint and several liability (Article 12), although it would now appear that agreement might be reached more easily on this point. The Presidency proposal provides for retention of the due diligence requirement but no longer contains references to “soft” measures. On 4 October, Finland brought forward a proposal that “lenient” measures be referred to a broader panel.
Social dimension of EMU and youth employment. Ministers will devote the remaining time to a policy debate on the Commission's recent communication on the social dimension of economic and monetary union (see EUROPE 10934). The employment committee and the social protection committee will also give their opinions of this issue. Ministers will end the meeting by taking stock of youth employment initiatives being implemented and will adopt a statement on the European Alliance for Apprenticeships. (JK/transl.fl)