Brussels, 07/02/2014 (Agence Europe) - The most recent meeting of negotiators from the EU Council of Ministers, the European Parliament and the European Commission to discuss the posting of workers on Thursday 6 February was short, only lasting three hours. Agreement could not be reached on Article 9 (national control measures and administrative demands), and little else was discussed. Though the meeting consisted only of constructive talks on the respective positions, the ministers' negotiators left with a compromise document in their hands, but it is unlikely to be well received by the member states.
The compromise proposal comprises an open list of national control measures and administrative demands and two measures the member states would have to introduce: (1) the requirement for a service supplier registered in another member state to make a statement to the competent authorities before the start of the secondment; and (2) the requirement, during the posting period, to retain or provide a number of administrative documents. This is much the same as the view published in June 2013 by the European Parliament's employment and social affairs committee. In December 2013, the Council said there should not be any compulsory measures.
The European Parliament would like to change paragraph 2 of Article 9, arguing that the national control measures and administrative demands that a member state wants to introduce should not be subject to prior formal notification to the European Commission, but should simply be “communicated” to the Commission. The EP fears that notification would give the Commission the power to decide whether or not to authorise a control measure or administrative demand. The EP also suggests removing the terms “justified and proportionate” for the measures that a member state might decide to introduce over and beyond those laid down in the directive.
The interinstitutional talks are progressing slower than expected (see EUROPE 11011), hence the higher frequency of meetings over the next two weeks. The key article on definition of secondment has not yet been finalised. On Tuesday 11 February, talks are due to start on the most controversial aspect, Article 12 on sub-contracting and mutual liability, although Article 9 is likely to be discussed as well. The Council of Ministers' position is very fragile on the first question and the EP itself is divided over the question of mutual liability. After this meeting, and only after Article 12 has been discussed, the Greek Presidency is expected to present an initial compromise text to Coreper on Friday 14 February and ask for a negotiating mandate. Meetings have already been planned for 17, 18 and 19 February. (JK/transl.fl)