Brussels, 02/07/2008 (Agence Europe) - On Wednesday 2 July 2008, the European Commission adopted a renewed social agenda for the twenty-first century, in other words a package of coherent and ambitious measures with a holistic approach meshing social policy with other EU policies, explained EU Social Affairs, Employment and Equal Opportunities Commissioner Vladimir Spidla at a press conference. He said the new social agenda's main objective was to maintain high levels of social protection in the EU and improve the efficiency of public spending on social issues. The commissioner explained that the package's education section would be adopted on Thursday 3 July 2008 and would be presented the same day by EU Education Commissioner Jan Figel (see EUROPE 9693).
Welfare, employment and equal opportunities legislation
A) Tackling discrimination outside the workplace (Article 13/1 of the EU Treaty): Zero tolerance for racism, explained Vladimir Spidla. The new draft directive unveiled on 2 July bans discrimination on the grounds of disability, age, religion, ideas or sexual orientation in situations not covered by existing EU rules, in other words outside the workplace. One of the two existing directives, 2000/43/EC, bans discrimination on the grounds of race or ethnic origin in a series of situations stretching well beyond the workplace (for example in the supply of goods and services) while the other, 2000/78/EC, bans discrimination on the grounds of age, disability, sexual orientation, religion or ideas but only in connection with employment.
The new draft directive will not lead to high costs for companies. Suppliers of goods and services will have to try and ensure equal access for disabled people by making 'reasonable arrangements', in other words they will only have to take 'reasonable' measures. This means that they will have to take account of proportionality: measures must be taken as appropriate for each case, depending on the size and type of supplier, expected cost and so on. The draft directive covers commercial transactions rather than strictly private operations. Commissioner Spidla explained that differentiated treatment could be justified in some cases, like allowing different treatment for people of different ages, as foreseen in member states' domestic legislation (which will remain legitimate if justified by a legitimate aim and if appropriate, necessary means are used). The draft directive will not, for example, ban the setting of a specific age for education and certain goods and services. Asked whether taking age into account in life insurance policies was covered by the draft directive, Vladimir Spidla said there was a special measure on banking and insurance allowing banks and insurance companies to take account of age and disability in risk assessments as long as detailed, relevant information was used for this purpose. He added that in education, member states retain the freedom to have different rules for admission to training establishments of a religious nature. The draft directive will have no impact on member states' rules on the status and activities of religious organisations. Likewise, it will not affect measures required for public security, public order, crime prevention and protecting the health and rights of others.
B) Reviewing European works council legislation: the commissioner explained that the new draft directive aims to cut the financial costs to companies undergoing restructuring through better prediction of costs. At the coal face, however, European works councils have not been very successful, being little more than an employer monologue at companies like VW Forest in Belgium and Nokia Bochum in Germany, as the director general of DG Employment at the European Commission, Nikolaus Van der Pas, recently pointed out.
How to provide better help for workers faced with globalisation? The draft directive adopted on Wednesday foresees: (1) adaptation mechanisms when nothing has been planned for coping with changes in the structure of companies, particularly in the event of mergers; (2) organising national and EU dialogue around clear, coherent information and consultation; and (3) providing training in the future for staff which they do not have access to at the moment. In addition, the legal security of the work of European works councils that work well will be strengthened and linked up with improved information and consultation procedures at national level. Vladimir Spidla commented that the works councils had to be set up at the same time as national works committees, and workers should be able to follow training without loss of pay. He said this was an improvement for both workers and companies.
The principal social communications
A) European Globalisation Adjustment Fund (EGF): "The EGF has helped 7250 people to find a job", said Commissioner Spidla, who announced a forthcoming legislative proposal on this for October. The communication contains a qualitative and quantitative report of the activities of the fund in 2007. It provides suggestions to improve its current functioning, such as simplifying request procedures, promoting exchanges of experience between the member states and increasing awareness initiatives. Among the options which may be used as a basis for a modified EGF regulation, the communication quotes: (1) covering redundancies caused by events related to globalisation other than changes affecting trade (such as the rapid development of technology); (2) extending the application of the EGF to small-scale redundancies, particularly by revising the rules of eligibility (number of workers/duration of aid); (3) covering redundancies in other businesses of the geographical area in question; (4) funding mobility compensation granted to workers seeking employment in other member states.
B) The Community instruments and policies in favour of integration of the Roma: the Commission's report highlights successful initiatives, most of which have enjoyed financial support of the European structural funds, such as programmes and projects in the field of education and training, making people aware of their rights and obligations in the fight against discrimination, access to healthcare, urbanism and improving infrastructure. "We do not tolerate racism and we must do more to ensure that the Roma have access to society in general and the employment market in particular", reiterated Mr Spidla, adding that "€295 million from the European funds have been granted to the Roma, and an additional €1 billion to vulnerable groups". This communication will feed into reflections of the European summit on the Roma, to be held in Brussels on 16 September 2008 and attended by representatives of the European institutions and civil society, the commissioner added. Italy has called for the digital fingerprints of the Roma to be included on their passport and for this to be checked upon entry into the country. The commissioner was asked by an Italian journalist for his views on this idea. "I do not have sufficient information to be able to form an opinion on this case", replied Vladimir Spidla, adding: "People are equal. The directive states that we cannot discriminate on the basis of ethnicity. The Commission will investigate concrete examples in order to be able to react to specific situations".
Concluding the presentation of the social/employment/equality plank of the package, Vladimir Spidla laid emphasis on the fact that initiatives in the social field remain the responsibility of the member states. These decisions are taken as close as possible to the citizens, at local, regional and national level.
Legislative text in the field of healthcare
Presenting the proposed directive on patients' rights to cross-border healthcare to the press (see EUROPE 9694), the commissioner for health, Androulla Vassiliou, highlighted the Commission's concerns for "respect of the patient", the need, amongst other things, for people to be able to enjoy high-quality health care and for cooperation to be reinforced between the healthcare structures of the member states. "We wish to clarify the rights of those who must travel for their health, in full assurance that their treatment will be reimbursed upon their return to the country", stated the commissioner. The proposed directive clarifies this right of patients, which is recognised by the Court of Justice. Ms Vassiliou stressed that if the treatment is covered by their national healthcare system in another member state, the patients will be entitled to receive this treatment in another country of the EU and then reimbursed for it, without prior authorisation. On the other hand, for hospital treatment, a member state may, under certain circumstances, decide to bring in a system whereby patients must receive administrative authorisation before having treatment overseas. "What the Commission wishes to guarantee is that there is no discrimination between nationals of a country wishing to be treated in another country on the one hand, and nationals of that country on the other", commented Ms Vassiliou. Under the proposed directive, citizens may be reimbursed up to the total of the reimbursement provided for by their own system. The same will apply for hospital treatment received in another member state and to which they are entitled in their own member state. Ms Vassiliou added, however, that in the event of medical error, the patient must receive compensation. "The right to reimbursement is a concrete right which is offered to the patient, not a benefit. A citizen must be able to choose, in full awareness of the facts, the member state in which he believes he will have the best treatment. Very few people are aware of this right. Now and in the future, they will have easy access to information on cross-border healthcare via their national contact points, amongst other sources", concluded Commissioner Vassiliou. (G.B./transl.fl)