Brussels, 25/06/2007 (Agence Europe) - On Wednesday 20 June, the European Commission launched the first phase of consultation of the social partners on the issue of “cross-border transfers of undertakings, businesses or parts of undertakings or businesses”, under Article 138(2) of the EC Treaty. In a letter to the social partners, Director General of DG Employment at the Commission Nikolaus van der Pas pointed out, in particular, that the applicability of this directive (2001/23/EC) to cross-border transfers with a change of place of work raised some important questions that could be answered by either the directive or the existing instruments of private international law.
Referring to data from the Dublin-based European Restructuring Monitor, the Commission said the number of outsourcing or delocalisation operations (restructuring operations where the activity is relocated or outsourced outside the country's borders) had increased steadily, from 10 at the start of data collection in 2001 to 109 in 2005. Although most of these transactions did not involve the transfer of an undertaking within the meaning of the directive, it was clear that production factors could be expected to become increasingly mobile in an economic environment influenced by globalisation, the enlargement of the EU and the consolidation of the internal market. Moreover, cross-border activities would be facilitated by the regulations on the status for a European company and on the European cooperative company and by the directive on cross-border mergers.
The Commission asked the social partners to give their responses to the following questions within six weeks. (1) Do the social partners agree with the analysis given on the issue of cross-border transfers? (2) Is it necessary or advisable to amend directive 2001/23/EC in order to deal with the issue of cross-border transfers with a change in the place of work? (3) Is any other type of Community action in this field necessary or advisable? (4) Should the collective aspects and the individual aspects of the employment relationship be treated separately? (5) Should cross-border transfers with a change of place of work outside the EEA be subject to specific treatment? (gb)