Brussels, 07/06/2001 (Agence Europe) - The European Parliament's Industry Committee adopted the opinion report by Harlem Desire (ESP, France) on the revision of the 1994 Directive instituting European works councils. This despite a significant opposition from the EPP-ED group that presented amendments, which have been rejected, opposing a revision of the Directive, enhancing the information and consultation procedures of employees and sanctions in case of the failure to respect the Directive. The Social Affairs Committee, competent in the matter, will vote on 21 June on the report by Winfried Menard (CDU, German) on this issue. This report, which formed from the results of the public hearing last April (see EUROPE of 18 and 24 April) and from the opinion of the Industry Committee, will be discussed in plenary in July.
This opinion report is pretty strong. Everybody shares the feeling that the definition of the consultation procedure is too vague and leaves the door open to abuse, as was notably the case with Marks & Spencer, noted Harlem Desire. Thus it is necessary to have a new version that would ensure that consultation truly takes place within the given time, during the decision's drafting phase. This would give the European works councils the possibility of issuing an opinion challenging, if necessary, the decision and proposing alternatives to the plans, which do not take into account the interests of workers, continues Mr Desire, for whom it is necessary to have a revision of the Directive ensuring a "true social negotiation". The report by Mr Desire also calls for the Directive on European works councils to explicitly mention the right of these committees to refer to a competent public authorities, either at the national level, or the European Commission level in the case of measures that have a considerable impact on the interests of workers. Commissioner Anna Diamantopoulou wants to move in this direction with regards to mergers where the social dimension, that is to day the effects of a merger on jobs, must be taken into account, notes Harlem Desire. She added that the worker representatives must be able to refer to the Commission when a planned merger seems to threaten their jobs or the retaining of industrial sites, and it is not only the Commissioner responsible for competition, but also the Commissioner responsible for employment who must, if need be, question the conditions foreseen if they do not sufficiently guarantee maintaining jobs. It is normal that the Commission also supports employees when there is a violation of the Directive.