Change of name, strengthening of the voluntary aspect of inspections and the use of mediation tasks, exclusion of social security in mediation activities... Member States are preparing to adopt, at the Employment and Social Policy Council (EPSCO) on Thursday 6 December, a somewhat restrictive general approach on the future European Labour Authority (or Agency).
The activities planned by the European Commission (see EUROPE 11976) are broadly maintained, as previously mentioned (see EUROPE 12146). The entity will be assigned three main missions: - information for citizens and businesses on national legislation in force; - support for cooperation between Member States (exchange of good practices) and in joint inspection activities; - mediation in the event of disputes between two Member States.
However, delegations have greatly relaxed the Commission's provisions. Thus, at the request of a majority of Member States, the "Authority" should be renamed "Agency" in order to underline its role in supporting the Member States, to the great displeasure of the European Commission as well as France, Spain, Belgium, the Netherlands and Luxembourg.
In addition, they stressed the voluntary nature of the use of the European entity in informing citizens and businesses or in carrying out joint voluntary inspections. This last point was reportedly put forward by the Czechs, whose national law does not allow inspections of foreign authorities, we are told.
Mediation procedures in the event of disputes between national authorities of two Member States should also be voluntary. In the event of a Member State's refusal, it must justify its position in writing or by email to the Agency and the other Member State concerned.
Social security aspects are not included in the mediation mechanism, as a mechanism already exists since 2010 and has already been considered satisfactory by the Member States (see EUROPE 12146).
Another important point is that the road transport sector will be well included in the regulation against the wishes of Hungary and Poland. According to the explanatory note of the Austrian Presidency of the Council of the EU, Bulgaria would also reserve the right to examine this point.
Directive on exposure to carcinogens and mutagens. Member States will adopt a general approach on the 3rd revision of the Directive on the protection of workers from the risks related to exposure to carcinogens or mutagens at work.
Delegations made adjustments for the transition and implementation periods for the limit values. For formaldehyde, this is a three-year transition period in addition to the two-year transposition, i.e. five years before having a limit value. This is to give time to SMEs in the funeral sector, who use this substance to store dead bodies for a longer period. The delegations also introduced a transitional period of five years for beryllium (still in addition to the two years of transposition) and seven years for cadmium.
LGBTQI. Member States will hold a debate, expected to be heated, on conclusions on gender and youth equality in digitisation. The debate will focus on whether or not the acronym LGBTQI (lesbian, gay, bisexual and transgender, queer, intersex) is mentioned in the conclusions. Hungary and Poland formally opposed this. As the conclusions require unanimity, Austria deleted the reference to the acronym, against the wishes of France, the Netherlands, Belgium, the United Kingdom, Denmark, Ireland, Malta, Greece and Cyprus, these countries being in favour of reintroducing this formula in the conclusions.
Recommendations on access to social security. Member States will seek to reach a political agreement on recommendations to facilitate access to social security. Although these are recommendations, the negotiations were difficult to make them less prescriptive (see EUROPE 12136). (Original version in French by Pascal Hansens)