Brussels, 05/03/2004 (Agence Europe) - Having approved the key messages it is to address to the tripartite social summit and the European Spring Summit at the end of March (see EUROPE of 5 March, p. 8-9), the Council of Ministers for Employment and Social Affairs of the enlarged Europe held a debate over lunch on Thursday, which was described as "very frank" by Irish Minister Frank Fahey (Enterprise, Trade and Employment) on the Commission's communication on the re-examination of the directive 93/104/EEC on certain aspects of working time. A broad consultation of all parties on this subject was launched at the beginning of the year by the Commission (see EUROPE of 6 January, p.7).
This consultation should help to gather responses to questions on the following points, with a view to a future revision of the Treaty: 1) the duration of "reference periods": under the current directive, the number of hours worked (maximum 48 hours/week) over a so-called reference period of 4 months. For example, a tourist guide works longer hours n the summer than the winter. If the 4-month reference period is for April, May, June and July, the guide will not be able to work more than 48 hours/week during these four months, which does not suit him or her. However, if the reference period is extended to one year, the guide will be able to work as long as he or she likes in the summer, but do just 20 hours a week in winter, for instance. Doing this will re-balance their working time. It should also be noted that this four-month reference period may be extended by collective conventions (with the social partners), but this is a tradition not practised by some countries, such as the United Kingdom; 2) the definition of working time, following recent Court of Justice rulings on standby time in hospitals; 3) the conditions for the application of the opt out clause, which allows Member States not to apply the working hours limit in certain conditions (as is the case in the UK); 4) measures for better balance between professional and private life.
Having discussed these points, the Ministers reached consensus on the duration of the "reference period", to be one year. They believe that a better balance must be found between effective working time and time on standby or waiting. The Ministers pronounced themselves in favour of keeping the opt-out clause under certain conditions. They also said that this directive will not have sufficient impact on reconciling professional and private life. In conclusion, President Fahey stressed the need to find a rapid solution at European level to respond to the recent rulings of the Court of Justice on this dossier. He added that upon mature reflection, the European Commission would soon present a new proposal.
The Presidency also informed the Ministers of: 1) the 48th session of the United Nations Commission on the Status of Women (1-12 March, New York): together with the Member States, the Presidency has developed a common position on the priority themes of this session (role of men in terms of gender equality; equal participation of women in prevention, management and resolution of conflicts and peace consolidation); 2) the Daphne II programme (2004-2008): the Presidency noted with satisfaction that a compromise is about to be reached with the EP on the basis of its second reading amendments.
As for future activities, the Presidency announced that it would organise the following events: 1) Reconciling mobility and social inclusion- role of employment policy and of social protection (Bundoran, 1-2 April): to discuss the following issues: - mobility in the enlarged EU; -obstacles to social insertion faced by migrants going to work in other countries; -risks for social cohesion presented by immigration without the appropriate support; -how economic and social policies can overcome these difficulties; -the need for integrated approaches in this field; 2) new horizons for gender equality (Limerick, 6-7 May): this conference will help to shed light on progress achieved in this field, and provide for a discussion on future strategy. It will be followed by a meeting of EU Ministers for Equality.
The European Commission also informed the Council of the report on "Fairer Globalisation" by the world commission on the social dimension of globalisation (ILO: see EUROPE of 25 February, p.13).
Lastly, the Council adopted without debate the modified regulation (EEC) 1408/71 on the co-ordination of social security systems. A political agreement had been reached at the ministerial session of 1 December 2003 in Brussels. This regulation aims notably to guarantee the refunding of patient care in Europe, and to bring in a European health insurance card (see EUROPE of 21 and 22 February 2003, and of 6 December 2003).