Brussels, 26/02/2014 (Agence Europe) - The negotiations between the EU Council of Ministers, the European Commission and the European Parliament on the implementing directive on the secondment of workers may lead to agreement on Thursday 27 February. Member states' representatives to the EU on the COREPER committee gave the go-ahead, on Wednesday 26 February, to the changes recommended by the Greek Presidency for Article 9 (national monitoring measures and administrative requirements). Article 12 on legal liability for subcontracting is expected to remain the same as the agreement in principle reached by the Council in December 2013.
The COREPER meeting focused on Article 9. Some member states, like Poland and Hungary, were doubtful initially about accepting the compromise, but general agreement emerged by the end of the meeting and the Greek Presidency was instructed to agree to some of the European Parliament's ideas. The general aim of the article, however, must remain as the Council desires and be a purely indicative list of national control measures and administrative requirements.
Several other issues were brought up, like the role to be played by the European Commission, which is to be explained in greater detail in the directive. The introduction of new control measures and requirements will not need to be officially notified to the Commission, but simply communicated (see EUROPE 11024). The member states may only introduce justified and proportionate measures rather than all measures that could boost the fight against fraud, as demanded by the European Parliament. The contact person in the company seconding workers abroad must contact the civil service of the host country if requested and within a reasonable, justified timeframe.
Talks between the European Parliament, Greek Presidency and Commission are scheduled for Thursday 27 February and may prove decisive, reaching agreement on the whole directive. If agreement is reached early enough in the day, a consolidated version of the draft directive (96/71/EC) could be submitted to COREPER on Friday 28 February. If not, the COEREPE R meeting on 5 March will mark the end of this interinstitutional negotiating saga. (JK)