The compromise agreement on the directive on posted workers that was unveiled by the Estonian Presidency of the Council of the EU on 30 August may not suit a number of member states, particularly France.
The document, which this newsletter has obtained, seems to oppose the line taken by France, Germany and other western European member states on key points, starting with the question of the period of application for the directive. France, backed by Germany, Benelux countries and Austria, wants a maximum application period of twelve months, but the Estonian Presidency states (in brackets) a twenty-four month period.
The presidency keeps the proposal of dealing with the transport sector in separate legislation: mentioning the transport package unveiled in May (see EUROPE 11800), with an initiative fully dedicated to transport and a special section on posted workers. This opposes the view of France and its allies.
Another stumbling block is the Estonian Presidency’s proposal for a three-year transposition period (two years for transposition and a year for implementation), which may be viewed as too long by come member states, including France, which wants a two-year period, although others may find it reasonable, particularly the Visegrad Group countries.
The Estonian proposal is reported to be closer to the preferences of eastern member states, particularly those of the Visegrad Group, than the version published by the Maltese Presidency in May (see EUROPE 11800). The West is trying to play for time. The compromise is not a final version, rather a starting point for the negotiations that are about to start.
After a summer of upheaval on the question, with violent clashes between France and Poland (see EUROPE 11848), a time of peace seems to have arrived. On 4 August, experts from the four Visegrad member states and France met in Budapest to discuss a number of the directive’s technical issues, particularly instruments for improving exchanges among member states. Earlier in the week, the Polish prime minister, Beata Szydło, said at a press conference that a compromise was possible (see EUROPE 11855).
Poland is reported to be inclined to accept the concept of remuneration. A number of European sources say that France is prepared to give ground on the 12-month application question and is moving towards a proposal that the twelve months would not necessarily need to be consecutive. This has been denied by France.
On the other hand, Warsaw is demanding that the transport sector be excluded from the directive’s scope – which the European Commission itself rejects (see EUROPE 11856). In the near future, the Polish labour minister is expected meet his French counterpart to work on the issue, but the meeting has not been confirmed by the French services contacted by this newsletter.
The document will be discussed by the social issues working group on 11 September. A number of sources say agreement might be reached ahead of the Employment and Social Policy Council (EPSCO) of 23 October. (Original version in French by Pascal Hansens)