BETA


1991/0346(COD) Freedom to supply services and workers' rights: posting of workers

Progress: Procedure completed

Lead committee dossier:
Legal Basis:
EC before Amsterdam E 057-p2, EC before Amsterdam E 066

Events

2008/04/03
   EC - Follow-up document
2007/06/13
   EC - Follow-up document
Details

PURPOSE: to assess the application of Directive 96/71/EC on the posting of workers in the framework of the provision of services.

CONTENT: on 4 April 2006 the Commission adopted the Communication 'Guidance on the posting of

workers in the framework of the provision of services' (see INI/2006/2038 ) which aimed to assist Member States in achieving the results required by the Directive and in particular as regards administrative requirements and control measures imposed on service providers.

The present Communication responds to the commitment taken by the Commission in its Communication to monitor developments in the Member States4 with respect to all matters addressed in that Communication.

The present Communication is based on a detailed examination of the situation in the Member

States and also takes into account the information provided and the concerns expressed by the European

Parliament in its Resolution of 26 October 2006 on the application of the Directive.

There are no precise figures or estimates of posted workers in the EU. However, the overall number of posted workers is estimated to be just under 1 million or about 0.4% of the EU working age population in 2005. They represent significant numbers in some Member States (Germany, France, Luxembourg, Belgium or Poland) but the phenomenon is increasingly widespread and affects now all Member States as sending and/or as receiving countries. The economic importance of posting exceeds by far its quantitative size, as it can play a crucial economic role in filling temporary shortfalls in the labour supply in certain professions or sectors (e.g. construction, transport). On the other hand, employment conditions, wages in particular, offered to posted workers, if not subject to proper control and enforcement, may diverge from the minimal conditions established by law or negotiated under generally applicable collective agreements. If such divergence takes place on a large scale this might undermine the organization and functioning of local labour markets. At the same time, on a more general level, restrictions on labour market access may exacerbate resort to undeclared work. When accompanied by lacunae in enforcement of Community legislation already in place, this phenomenon leads to undesirable social consequences both for undeclared workers and the regular labour force.

Guidelines provided for in the Commission's Communication of April 2006

In its Communication of April 2006, the Commission explained and clarified how the Community acquis, and in particular Article 49 EC as interpreted by the ECJ, had to be observed and how the results required by the Directive could be achieved in a more effective manner. Among the control measures applied by Member States in the context of supervising the posting of workers, it explicitly focussed upon the following types of administrative requirements:

to have a representative established on the territory of the host Member State ; to obtain a prior authorisation in the host Member State or to be registered with them, or any other equivalent obligation; to make a prior declaration to the authorities of the host Member State; to keep and maintain social documents on the territory of the host country and/or under the conditions which apply in its territory; measures which apply specifically to posted workers who are nationals of third countries.

Control measures applied by the Member States : in the light of the available information and pending further assessment, a number of control measures applied by Member States do not seem to be in conformity with Article 49 EC as interpreted by the ECJ. A final assessment of the situation will, however, depend on an assessment as to whether certain legitimate monitoring needs can be fulfilled by improved access to information and/or more effective administrative cooperation between the host Member State and the Member State of origin.

Control measures used : the main categories of control measures used by the Member States are as follows:

the requirement imposed on the posting undertaking to have a representative in the host country is explicitly made in 6 Member States (and implicitly in 3 others); a specific authorisation/registration regime for posting of workers exists in two Member States; the requirement to make a declaration prior to the commencement of the work by the service provider exists in 16 Member States19; whereas one Member State imposes such an obligation on the recipient of the service; requirements to keep and maintain certain social documents on the territory of the host country and/or under the conditions which apply in its territory are imposed in 14 Member States in varying ways and concerning different types of documents.

Member States and Social Partners have divergent views as to whether certain control measures are needed as well as to whether these are compatible with Community law. In October 2006, the European Parliament adopted a Resolution which alleges the right of the host Member State to impose certain formalities to employers that post workers so as to make it possible for the authorities of that country to ensure compliance with the terms and conditions of employment. For a number of Member States this constitutes a highly sensitive issue, touching upon key characteristics of their social model. Control measures imposed by Member States are embedded in their legal and institutional frameworks, and in some Social Partners can also be entrusted with control and monitoring tasks of terms and conditions of employment. Lack of information on the identity and/or legitimacy of service providers, the temporary and often very short-term nature of posting operations, the perceived risks of "social dumping" or distortion of competition, as well as the cultural and physical distance between controlling authorities, are mentioned as justification for the use of certain control measures by host country authorities. On the other hand, these are often perceived as excessive by service providers and authorities in sending countries, and pursuing goals that go beyond the protection of posted workers' rights.

Assessment : the inventory of control measures used by Member States shows their striking diversity. As a matter of principle, the Commission does not intended to put into question the different social models chosen by Member States nor the way they organise their system of labour relations and collective bargaining, provided that it is implemented and applied in a way which is fully compatible with the obligations under the Treaty.

Furthermore, the necessity for preventive actions and appropriate sanctions aimed at countering illegal employment and undeclared work, including in the form of disguised self-employment, as well as combating unlawful activities by fictitious foreign temporary employment agencies, is indisputable. In this context, Member States need to strike the right balance between, on one side, the necessity to provide and safeguard the effective protection of workers and, on the other, the need to ensure that the formal requirements and control measures used or imposed in order to guarantee the respect of overriding reasons of general interest (such as protection of posted workers), including the way these are effectively applied, exercised or performed in practice, are justified and proportionate in view of the objectives pursued and aims to be achieved. This situation may well be related to, if not caused by, the virtual absence of administrative cooperation, the still unsatisfactory access to information as well as cross-border enforcement problems. These problems cannot be solved unless Member States improve the way they cooperate with each other and, in particular comply with their obligations regarding administrative cooperation and access to information as stipulated in the Directive. In complying with their obligations, Member States would substantially contribute to a reduction of administrative burdens in line with the objectives set by the European Council. Improved administrative cooperation could also constitute an important element when aiming to improve and increase effective compliance with and enforcement of Community law. Adequate and effective implementation and enforcement are key elements in the protection of posted workers rights.

Future measures : the Commission considers that urgent action is required and envisages the following measures:

adopt a Commission Recommendation (on the basis of Article 211 EC), to be endorsed by Council conclusions in order to reinforce administrative cooperation amongst Member States through the use of the Internal Market Information System (IMI)43 and to clarify the role of liaison offices; adopt a Commission Decision setting up a high level Committee, in order to support and assist the Member States in identifying and exchanging good practices, to institutionalise the current, informal Group of Government Experts by identifying with greater precision its role, tasks and responsibilities, and to formally involve social partners regularly; ensure effective compliance with the fundamental freedoms of the EC-Treaty, as interpreted by the ECJ, by those Member States which impose administrative requirements and control measures considered incompatible with prevailing Community law (such as the requirement to have a representative established in the host Member State, or an obligation to keep certain social documents on its territory, without any exception and/or time limitation, when information can be obtained via the employer or the authorities in the Member State of origin within a reasonable delay) on a case by case basis, including, if necessary, launching infringement proceedings under Article 226 EC; ensure the conformity with Community law, as interpreted by the ECJ notably in the judgement "Vander Elst", with respect to those Member States which still require work permits and other conditions to posted third country nationals who are legally staying and are legally employed in another Member State, by launching infringement procedures under Article 226 EC; continue monitoring the Member States' national transposition measures and their application on all other matters not dealt with in this Communication, including those situations where, contrary to Article 4(3), accessibility and transparency of information remains a problem, and, if necessary, take the appropriate measures, including launching infringement procedures under Article 226 EC; engage, for example in the above-mentioned high level Committee, with the Member States and Social Partners in an in-depth examination of cross-border enforcement problems (sanctions, fines, joint and several liability).

On the basis of this examination, the Commission will take appropriate action.

2007/06/13
   EC - Follow-up document
2006/04/04
   EC - Non-legislative basic document
Details

This Communication concerns the right of a service provider established in a Member State to temporarily post workers to another Member State in order to provide a service. Directive 96/71/EC identifies the mandatory rules in force in the host country that are to be applied to posted workers by establishing a core of terms and conditions of work and employment and making them binding on undertakings posting workers to a Member State other than the State in whose territory these workers habitually work. The Directive has a clear social objective: that posted workers are guaranteed during the period of posting the respect by their employer of certain protective rules of the Member State to which they are posted.

Following the adoption by the European Parliament on 16 February 2006 of a legislative resolution on the proposal for a directive on services in the internal market, the Commission presented an amended proposal, in which Articles 24 and 25 of the initial proposal setting out specific provisions on the posting of workers are deleted. In these Articles, the Commission proposed the scrapping of certain administrative obligations concerning the posting of workers, accompanied by measures to reinforce administrative cooperation between Member States.

The Commission undertook to draw up guidelines to clarify the prevailing Community law on the administrative procedures dealt with in Articles 24 and 25. This Communication tells the Member States how to observe the Community acquis as interpreted by the European Court of Justice with reference to Article 49 EC (the principle that Member States should ensure the freedom to provide services within the Community) and how to achieve the results required by the Directive in a more effective manner. It also refers to the Commission's report SEC(2006)0439.

Control measures: the Commission points out that, when performing inspections as part of the implementation of the Directive Member States must abide by Article 49 EC and refrain from creating or upholding unjustified and disproportionate restrictions to the free provision of services within the Community. The Court has underlined several times that these inspections must be suitable for achieving the objectives pursued without restricting this freedom any more than necessary, in accordance with the principle of proportionality. The Commission goes on to discuss and give guidance on the following topics, which urgently required clarification on the basis of the case law of the ECJ based on Article 49 EC:

– the requirement to have a representative on the territory of the host Member State;

– the requirement to obtain authorisation from the competent authorities of the host Member State or to be registered with them, or any other equivalent obligation;

– the requirement to make a declaration;

– the requirement to keep and maintain social documents on the territory of the host country and/or under the conditions which apply in its territory.

It also gives guidance on measures which apply to posted workers who are nationals of third countries

Cooperation on information: on the question of access to information, Member States are asked to redouble their efforts to enhance, and improve access to, the information on the terms and conditions of employment that must be applied by service providers, and to ensure that their liaison offices are in a position to carry out their tasks effectively. The Commission will continue to support the Member States in this area, especially through the expert group, and will monitor their efforts in order to make sure that they contribute to progress towards best practices. Member States are also asked to take the necessary measures to ensure that their liaison offices and/or monitoring authorities have the necessary equipment and resources to respond effectively to requests for information and cross-border cooperation from the competent authorities of the other Member States. The Commission will continue to support the Member States in this area, especially by making more appropriate electronic systems available, and will monitor their progress closely.

Monitoring of compliance with the Directive and measures in the event of failure to comply: Member States are asked to re-examine their systems for monitoring and implementing the Directive. They are asked, in particular, to ensure that there is a mechanism in place to remedy any deficiencies; that appropriate and proportionate monitoring measures are in place; and that service providers who do not comply can be effectively sanctioned. The Commission undertakes to work with the Member States in order to improve transnational cooperation of labour inspectorates in the subject areas covered by the Directive on the posting of workers.

In order to assess progress, the Commission will adopt within 12 months a report which will examine the situation in all Member States with regard to all aspects covered by the Communication.

2006/04/04
   EC - Follow-up document
2003/07/25
   EC - Non-legislative basic document
1997/01/21
   Final act published in Official Journal
1996/12/16
   CSL - Final act signed
1996/12/16
   EP - End of procedure in Parliament
1996/09/24
   CSL - Act approved by Council, 2nd reading
Details

The Council adopted the Directive, with the UK delegation voting against and the Portuguese delegation abstaining (with explanations of vote).

1996/09/24
   CSL - Council Meeting
1996/09/18
   EP - Text adopted by Parliament, 2nd reading
1996/09/18
   EP - Decision by Parliament, 2nd reading
Documents
1996/09/17
   EP - Debate in Parliament
Details

The rapporteur, Mr Peter (PSE, D), welcomed the Directive that had been put forward by the Commission, which sought to eliminate unfair competition by ensuring that ‘posted’ workers did not receive lower wages and were not subjected to less favourable working conditions that those prevailing in the Member State in which they were practising their profession. While establishing that the Commission and the Council had taken note of Parliament’s demands, the rapporteur also wanted to see the directive applied to port dredging and navigation work. Commissioner Flynn had underlined the importance of protecting freedom of movement, while at the same time avoiding social and wage dumping. He was opposed to the amendment on the application of the directive to ‘ro-ro’ vessels transporting passengers and freight. In fact workers on board this type of vessel were not outside the terms of the Directive in question, and in any case ro-ro vessels came under the law on flag Member State; moreover, it was extremely rare to find cases in which a worker on board a vessel flying the flag of one Member State was transferred to a vessel flying the flag of another Member State. Finally, Commissioner Flynn gave his assurance that the Commission would see to it that Member States transposed the Directive into their legislation.

1996/07/24
   EP - Committee recommendation tabled for plenary, 2nd reading
1996/07/24
   EP - Vote in committee, 2nd reading
1996/06/20
   EP - Committee referral announced in Parliament, 2nd reading
1996/06/14
   EC - Commission communication on Council's position
1996/06/03
   CSL - Council position
1996/06/03
   CSL - Council Meeting
1996/03/29
   CSL - Council Meeting
1995/12/05
   CSL - Debate in Council
Details

The Council discussed the proposal for a directive concerning the posting of workers in the framework of the provision of services. One problem covered by the discussion was that of the time threshold, i.e. the non-­application to short-term postings of the host Member State ’s provisions regarding the minimum length of paid annual holidays and minimum rates of pay. The Council instructed the Permanent Representatives Committee to continue the discussions and to report back at a meeting in the near future.

Documents
1995/12/05
   CSL - Council Meeting
1995/06/29
   CSL - Debate in Council
Details

At the request of the Commission, the Council had a brief discussion on the proposal for a directive concerning the posting of workers in the framework of the provision of services. Commissioner FLYNN said he was prepared to make one last effort to help reach agreement on this important directive. The Council instructed the Permanent Representatives Committee to continue the discussion under the Spanish Presidency.

Documents
1995/06/29
   CSL - Council Meeting
1995/06/15
   EP - Oral question/interpellation by Parliament
Documents
1995/06/15
   EP - Motion for a resolution
1995/06/15
   EP - Text adopted by Parliament, topical subjects
1995/06/15
   EP - Debate in Parliament
1995/06/15
   EP - Decision by Parliament, 1st reading
Documents
1995/03/27
   CSL - Debate in Council
Details

The debate focused on: - the scope of the Directive; - the exhaustive or non-exhaustive nature of the list of terms and conditions of employment covered by the Directive; - the optional non­-application of provisions regarding minimum annual paid holidays and minimum rates of pay to short-­term postings of under one month. The Council instructed the Permanent Representatives Committee to continue discussing the matter in the light of this debate with a view to a decision at the Council meeting on 29 June 1995.

Documents
1995/03/27
   CSL - Council Meeting
1994/12/06
   CSL - Debate in Council
Documents
1994/12/06
   CSL - Council Meeting
1994/09/22
   CSL - Debate in Council
Details

The "Labour and Social Affairs" Council held a policy debate on this proposal. The debate in particular related to:

- the scope of the directive;

- the possibility to provide or to allow, an initial period during which the provisions of the directive would not be applicable and, if necessary, the duration of such an initial period.

Documents
1994/09/22
   CSL - Council Meeting
1993/06/15
   EC - Modified legislative proposal
1993/02/10
   EP - Text adopted by Parliament, 1st reading/single reading
1993/02/10
   EP - Decision by Parliament, 1st reading
Documents
1993/02/08
   EP - Committee draft report
Documents
1993/02/08
   EP - Debate in Parliament
1993/01/26
   EP - Committee report tabled for plenary, 1st reading/single reading
1993/01/26
   EP - Vote in committee, 1st reading
1993/01/26
   EP - Committee report tabled for plenary, 1st reading
Documents
1992/07/06
   EP - Decision by Parliament, 1st reading
1992/07/06
   EP - Report referred back to committee
1992/05/13
   EP - Text adopted by Parliament, partial vote at 1st reading/single reading
1992/05/13
   EP - Decision by Parliament, 1st reading
Documents
1992/05/12
   EP - Debate in Parliament
1992/04/15
   EP - Committee report tabled for plenary, 1st reading/single reading
1992/04/15
   EP - Vote in committee, 1st reading
1992/04/15
   EP - Committee report tabled for plenary, 1st reading
Documents
1992/03/31
   EP - Committee opinion
Documents
1991/12/18
   ESC - Economic and Social Committee: opinion, report
1991/12/12
   EP - Committee opinion
Documents
1991/09/13
   EP - Committee referral announced in Parliament, 1st reading
1991/06/28
   EC - Legislative proposal

Documents

History

(these mark the time of scraping, not the official date of the change)

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The rapporteur, Mr Peter (PSE, D), welcomed the Directive that had been put forward by the Commission, which sought to eliminate unfair competition by ensuring that ‘posted’ workers did not receive lower wages and were not subjected to less favourable working conditions that those prevailing in the Member State in which they were practising their profession. While establishing that the Commission and the Council had taken note of Parliament’s demands, the rapporteur also wanted to see the directive applied to port dredging and navigation work. Commissioner Flynn had underlined the importance of protecting freedom of movement, while at the same time avoiding social and wage dumping. He was opposed to the amendment on the application of the directive to ‘ro-ro’ vessels transporting passengers and freight. In fact workers on board this type of vessel were not outside the terms of the Directive in question, and in any case ro-ro vessels came under the law on flag Member State; moreover, it was extremely rare to find cases in which a worker on board a vessel flying the flag of one Member State was transferred to a vessel flying the flag of another Member State. Finally, Commissioner Flynn gave his assurance that the Commission would see to it that Member States transposed the Directive into their legislation.
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The rapporteur, Mr Peter (PSE, D), welcomed the Directive that had been put forward by the Commission, which sought to eliminate unfair competition by ensuring that ‘posted’ workers did not receive lower wages and were not subjected to less favourable working conditions that those prevailing in the Member State in which they were practising their profession. While establishing that the Commission and the Council had taken note of Parliament’s demands, the rapporteur also wanted to see the directive applied to port dredging and navigation work. Commissioner Flynn had underlined the importance of protecting freedom of movement, while at the same time avoiding social and wage dumping. He was opposed to the amendment on the application of the directive to ‘ro-ro’ vessels transporting passengers and freight. In fact workers on board this type of vessel were not outside the terms of the Directive in question, and in any case ro-ro vessels came under the law on flag Member State; moreover, it was extremely rare to find cases in which a worker on board a vessel flying the flag of one Member State was transferred to a vessel flying the flag of another Member State. Finally, Commissioner Flynn gave his assurance that the Commission would see to it that Member States transposed the Directive into their legislation.
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activities
  • date: 1991-09-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading
  • date: 1992-04-15T00:00:00 body: EP type: Vote in committee, 1st reading/single reading docs: type: Committee report tabled for plenary, 1st reading/single reading title: A3-0161/1992
  • date: 1992-05-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19920512&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 1992-05-13T00:00:00 docs: type: Decision by Parliament, 1st reading/single reading title: T3-0277/1992 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 1992-07-06T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1991&nu_doc=230 title: COM(1991)0230 type: Decision by Parliament, 1st reading/single reading celexid: CELEX:51991PC0230:EN body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 1993-01-26T00:00:00 body: EP docs: type: Committee report tabled for plenary, 1st reading/single reading title: A3-0022/1993 type: Vote in committee, 1st reading/single reading
  • date: 1993-02-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19930208&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 1993-02-10T00:00:00 docs: type: Decision by Parliament, 1st reading/single reading title: T3-0083/1993 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 1993-06-15T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1993&nu_doc=225 title: COM(1993)0225 type: Modified legislative proposal published celexid: CELEX:51993PC0225:EN body: EC commission: type: Modified legislative proposal published
  • body: CSL meeting_id: 1784 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1784*&MEET_DATE=22/09/1994 type: Debate in Council title: 1784 council: Social Affairs date: 1994-09-22T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 1813 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1813*&MEET_DATE=06/12/1994 type: Debate in Council title: 1813 council: Social Affairs date: 1994-12-06T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 1836 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1836*&MEET_DATE=27/03/1995 type: Debate in Council title: 1836 council: Social Affairs date: 1995-03-27T00:00:00 type: Council Meeting
  • date: 1995-06-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19950615&type=CRE type: Debate in Parliament title: Debate in Parliament type: Decision by Parliament, 1st reading/single reading title: T4-0302/1995 body: EP type: Debate in Parliament
  • body: CSL meeting_id: 1862 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1862*&MEET_DATE=29/06/1995 type: Debate in Council title: 1862 council: Social Affairs date: 1995-06-29T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 1892 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1892*&MEET_DATE=05/12/1995 type: Debate in Council title: 1892 council: Social Affairs date: 1995-12-05T00:00:00 type: Council Meeting
  • date: 1996-03-29T00:00:00 body: CSL type: Council Meeting council: Social Affairs meeting_id: 1914
  • body: CSL meeting_id: 1930 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6689%2F96&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 06689/2/1996 council: Social Affairs date: 1996-06-03T00:00:00 type: Council Meeting
  • date: 1996-06-20T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading
  • date: 1996-07-24T00:00:00 body: EP docs: type: Committee recommendation tabled for plenary, 2nd reading title: A4-0265/1996 type: Vote in committee, 2nd reading
  • date: 1996-09-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19960917&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 1996-09-18T00:00:00 docs: type: Decision by Parliament, 2nd reading title: T4-0456/1996 body: EP type: Decision by Parliament, 2nd reading
  • body: CSL meeting_id: 1948 council: Social Affairs date: 1996-09-24T00:00:00 type: Council Meeting
  • date: 1996-12-16T00:00:00 body: CSL type: Final act signed
  • date: 1996-12-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 1997-01-21T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=31996L0071 title: Directive 1996/71 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:1997:018:TOC title: OJ L 018 21.01.1997, p. 0001
committees
    council
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1948 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1948*&MEET_DATE=24/09/1996 date: 1996-09-24T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1930 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1930*&MEET_DATE=03/06/1996 date: 1996-06-03T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1914 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1914*&MEET_DATE=29/03/1996 date: 1996-03-29T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1892 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1892*&MEET_DATE=05/12/1995 date: 1995-12-05T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1862 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1862*&MEET_DATE=29/06/1995 date: 1995-06-29T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1836 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1836*&MEET_DATE=27/03/1995 date: 1995-03-27T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1813 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1813*&MEET_DATE=06/12/1994 date: 1994-12-06T00:00:00
    • body: CSL type: Council Meeting council: Social Affairs meeting_id: 1784 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1784*&MEET_DATE=22/09/1994 date: 1994-09-22T00:00:00
    docs
    • date: 1991-06-28T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1991&nu_doc=230 title: EUR-Lex url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1991:225:TOC title: OJ C 225 30.08.1991, p. 0006 title: COM(1991)0230 summary: type: Legislative proposal body: EC
    • date: 1991-12-12T00:00:00 docs: title: PE154.167/DEF committee: JURI type: Committee opinion body: EP
    • date: 1991-12-18T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1512)(documentyear:1991)(documentlanguage:EN) title: CES1512/1991 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1992:049:TOC title: OJ C 049 24.02.1992, p. 0041 summary: type: Economic and Social Committee: opinion, report body: ESC
    • date: 1992-03-31T00:00:00 docs: title: PE154.084/DEF committee: ECON type: Committee opinion body: EP
    • date: 1992-04-15T00:00:00 docs: url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1992:150:SOM:EN:HTML title: OJ C 150 15.06.1992, p. 0010 title: A3-0161/1992 type: Committee report tabled for plenary, 1st reading/single reading body: EP
    • date: 1992-05-13T00:00:00 docs: url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1992:150:SOM:EN:HTML title: OJ C 150 15.06.1992, p. 0036-0119 title: T3-0277/1992 summary: type: Text adopted by Parliament, partial vote at 1st reading/single reading body: EP
    • date: 1993-01-26T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1993:072:TOC title: OJ C 072 15.03.1993, p. 0004 title: A3-0022/1993 type: Committee report tabled for plenary, 1st reading/single reading body: EP
    • date: 1993-02-08T00:00:00 docs: title: PE152.299/2 type: Committee draft report body: EP
    • date: 1993-02-10T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1993:072:TOC title: OJ C 072 15.03.1993, p. 0064-0085 title: T3-0083/1993 summary: type: Text adopted by Parliament, 1st reading/single reading body: EP
    • date: 1993-06-15T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1993&nu_doc=225 title: EUR-Lex url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1993:187:SOM:EN:HTML title: OJ C 187 09.07.1993, p. 0005 title: COM(1993)0225 summary: type: Modified legislative proposal body: EC
    • date: 1995-06-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B4-1995-510&language=EN title: B4-0510/1995 type: Oral question/interpellation by Parliament body: EP
    • date: 1995-06-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B4-1995-858&language=EN title: B4-0858/1995 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1995:166:SOM:EN:HTML title: OJ C 166 03.07.1995, p. 0082-0123 type: Motion for a resolution body: EP
    • date: 1995-06-15T00:00:00 docs: url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1995:166:SOM:EN:HTML title: OJ C 166 03.07.1995, p. 0082-0123 title: T4-0302/1995 type: Text adopted by Parliament, topical subjects body: EP
    • date: 1996-06-03T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6689%2F96&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06689/2/1996 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1996:220:TOC title: OJ C 220 29.07.1996, p. 0001 summary: type: Council position body: CSL
    • date: 1996-06-14T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=1996&nu_doc=1109 title: EUR-Lex title: SEC(1996)1109 summary: type: Commission communication on Council's position body: EC
    • date: 1996-07-24T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:1996:320:TOC title: OJ C 320 28.10.1996, p. 0004 title: A4-0265/1996 type: Committee recommendation tabled for plenary, 2nd reading body: EP
    • date: 1996-09-18T00:00:00 docs: url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1996:320:SOM:EN:HTML title: OJ C 320 28.10.1996, p. 0064-0073 title: T4-0456/1996 summary: type: Text adopted by Parliament, 2nd reading body: EP
    • date: 2003-07-25T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0458/COM_COM(2003)0458_EN.pdf title: COM(2003)0458 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2003&nu_doc=458 title: EUR-Lex summary: type: Follow-up document body: EC
    • date: 2006-04-04T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0159/COM_COM(2006)0159_EN.pdf title: COM(2006)0159 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2006&nu_doc=159 title: EUR-Lex summary: This Communication concerns the right of a service provider established in a Member State to temporarily post workers to another Member State in order to provide a service. Directive 96/71/EC identifies the mandatory rules in force in the host country that are to be applied to posted workers by establishing a core of terms and conditions of work and employment and making them binding on undertakings posting workers to a Member State other than the State in whose territory these workers habitually work. The Directive has a clear social objective: that posted workers are guaranteed during the period of posting the respect by their employer of certain protective rules of the Member State to which they are posted. Following the adoption by the European Parliament on 16 February 2006 of a legislative resolution on the proposal for a directive on services in the internal market, the Commission presented an amended proposal, in which Articles 24 and 25 of the initial proposal setting out specific provisions on the posting of workers are deleted. In these Articles, the Commission proposed the scrapping of certain administrative obligations concerning the posting of workers, accompanied by measures to reinforce administrative cooperation between Member States. The Commission undertook to draw up guidelines to clarify the prevailing Community law on the administrative procedures dealt with in Articles 24 and 25. This Communication tells the Member States how to observe the Community acquis as interpreted by the European Court of Justice with reference to Article 49 EC (the principle that Member States should ensure the freedom to provide services within the Community) and how to achieve the results required by the Directive in a more effective manner. It also refers to the Commission's report SEC(2006)0439. Control measures: the Commission points out that, when performing inspections as part of the implementation of the Directive Member States must abide by Article 49 EC and refrain from creating or upholding unjustified and disproportionate restrictions to the free provision of services within the Community. The Court has underlined several times that these inspections must be suitable for achieving the objectives pursued without restricting this freedom any more than necessary, in accordance with the principle of proportionality. The Commission goes on to discuss and give guidance on the following topics, which urgently required clarification on the basis of the case law of the ECJ based on Article 49 EC: – the requirement to have a representative on the territory of the host Member State; – the requirement to obtain authorisation from the competent authorities of the host Member State or to be registered with them, or any other equivalent obligation; – the requirement to make a declaration; – the requirement to keep and maintain social documents on the territory of the host country and/or under the conditions which apply in its territory. It also gives guidance on measures which apply to posted workers who are nationals of third countries Cooperation on information: on the question of access to information, Member States are asked to redouble their efforts to enhance, and improve access to, the information on the terms and conditions of employment that must be applied by service providers, and to ensure that their liaison offices are in a position to carry out their tasks effectively. The Commission will continue to support the Member States in this area, especially through the expert group, and will monitor their efforts in order to make sure that they contribute to progress towards best practices. Member States are also asked to take the necessary measures to ensure that their liaison offices and/or monitoring authorities have the necessary equipment and resources to respond effectively to requests for information and cross-border cooperation from the competent authorities of the other Member States. The Commission will continue to support the Member States in this area, especially by making more appropriate electronic systems available, and will monitor their progress closely. Monitoring of compliance with the Directive and measures in the event of failure to comply: Member States are asked to re-examine their systems for monitoring and implementing the Directive. They are asked, in particular, to ensure that there is a mechanism in place to remedy any deficiencies; that appropriate and proportionate monitoring measures are in place; and that service providers who do not comply can be effectively sanctioned. The Commission undertakes to work with the Member States in order to improve transnational cooperation of labour inspectorates in the subject areas covered by the Directive on the posting of workers. In order to assess progress, the Commission will adopt within 12 months a report which will examine the situation in all Member States with regard to all aspects covered by the Communication. type: Non-legislative basic document body: EC
    • date: 2006-04-04T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2006/0439/COM_SEC(2006)0439_EN.pdf title: SEC(2006)0439 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2006&nu_doc=439 title: EUR-Lex type: Follow-up document body: EC
    • date: 2007-06-13T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2007/0304/COM_COM(2007)0304_EN.pdf title: COM(2007)0304 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2007&nu_doc=304 title: EUR-Lex summary: PURPOSE: to assess the application of Directive 96/71/EC on the posting of workers in the framework of the provision of services. CONTENT: on 4 April 2006 the Commission adopted the Communication 'Guidance on the posting of workers in the framework of the provision of services' (see INI/2006/2038 ) which aimed to assist Member States in achieving the results required by the Directive and in particular as regards administrative requirements and control measures imposed on service providers. The present Communication responds to the commitment taken by the Commission in its Communication to monitor developments in the Member States4 with respect to all matters addressed in that Communication. The present Communication is based on a detailed examination of the situation in the Member States and also takes into account the information provided and the concerns expressed by the European Parliament in its Resolution of 26 October 2006 on the application of the Directive. There are no precise figures or estimates of posted workers in the EU. However, the overall number of posted workers is estimated to be just under 1 million or about 0.4% of the EU working age population in 2005. They represent significant numbers in some Member States (Germany, France, Luxembourg, Belgium or Poland) but the phenomenon is increasingly widespread and affects now all Member States as sending and/or as receiving countries. The economic importance of posting exceeds by far its quantitative size, as it can play a crucial economic role in filling temporary shortfalls in the labour supply in certain professions or sectors (e.g. construction, transport). On the other hand, employment conditions, wages in particular, offered to posted workers, if not subject to proper control and enforcement, may diverge from the minimal conditions established by law or negotiated under generally applicable collective agreements. If such divergence takes place on a large scale this might undermine the organization and functioning of local labour markets. At the same time, on a more general level, restrictions on labour market access may exacerbate resort to undeclared work. When accompanied by lacunae in enforcement of Community legislation already in place, this phenomenon leads to undesirable social consequences both for undeclared workers and the regular labour force. Guidelines provided for in the Commission's Communication of April 2006 In its Communication of April 2006, the Commission explained and clarified how the Community acquis, and in particular Article 49 EC as interpreted by the ECJ, had to be observed and how the results required by the Directive could be achieved in a more effective manner. Among the control measures applied by Member States in the context of supervising the posting of workers, it explicitly focussed upon the following types of administrative requirements: to have a representative established on the territory of the host Member State ; to obtain a prior authorisation in the host Member State or to be registered with them, or any other equivalent obligation; to make a prior declaration to the authorities of the host Member State; to keep and maintain social documents on the territory of the host country and/or under the conditions which apply in its territory; measures which apply specifically to posted workers who are nationals of third countries. Control measures applied by the Member States : in the light of the available information and pending further assessment, a number of control measures applied by Member States do not seem to be in conformity with Article 49 EC as interpreted by the ECJ. A final assessment of the situation will, however, depend on an assessment as to whether certain legitimate monitoring needs can be fulfilled by improved access to information and/or more effective administrative cooperation between the host Member State and the Member State of origin. Control measures used : the main categories of control measures used by the Member States are as follows: the requirement imposed on the posting undertaking to have a representative in the host country is explicitly made in 6 Member States (and implicitly in 3 others); a specific authorisation/registration regime for posting of workers exists in two Member States; the requirement to make a declaration prior to the commencement of the work by the service provider exists in 16 Member States19; whereas one Member State imposes such an obligation on the recipient of the service; requirements to keep and maintain certain social documents on the territory of the host country and/or under the conditions which apply in its territory are imposed in 14 Member States in varying ways and concerning different types of documents. Member States and Social Partners have divergent views as to whether certain control measures are needed as well as to whether these are compatible with Community law. In October 2006, the European Parliament adopted a Resolution which alleges the right of the host Member State to impose certain formalities to employers that post workers so as to make it possible for the authorities of that country to ensure compliance with the terms and conditions of employment. For a number of Member States this constitutes a highly sensitive issue, touching upon key characteristics of their social model. Control measures imposed by Member States are embedded in their legal and institutional frameworks, and in some Social Partners can also be entrusted with control and monitoring tasks of terms and conditions of employment. Lack of information on the identity and/or legitimacy of service providers, the temporary and often very short-term nature of posting operations, the perceived risks of "social dumping" or distortion of competition, as well as the cultural and physical distance between controlling authorities, are mentioned as justification for the use of certain control measures by host country authorities. On the other hand, these are often perceived as excessive by service providers and authorities in sending countries, and pursuing goals that go beyond the protection of posted workers' rights. Assessment : the inventory of control measures used by Member States shows their striking diversity. As a matter of principle, the Commission does not intended to put into question the different social models chosen by Member States nor the way they organise their system of labour relations and collective bargaining, provided that it is implemented and applied in a way which is fully compatible with the obligations under the Treaty. Furthermore, the necessity for preventive actions and appropriate sanctions aimed at countering illegal employment and undeclared work, including in the form of disguised self-employment, as well as combating unlawful activities by fictitious foreign temporary employment agencies, is indisputable. In this context, Member States need to strike the right balance between, on one side, the necessity to provide and safeguard the effective protection of workers and, on the other, the need to ensure that the formal requirements and control measures used or imposed in order to guarantee the respect of overriding reasons of general interest (such as protection of posted workers), including the way these are effectively applied, exercised or performed in practice, are justified and proportionate in view of the objectives pursued and aims to be achieved. This situation may well be related to, if not caused by, the virtual absence of administrative cooperation, the still unsatisfactory access to information as well as cross-border enforcement problems. These problems cannot be solved unless Member States improve the way they cooperate with each other and, in particular comply with their obligations regarding administrative cooperation and access to information as stipulated in the Directive. In complying with their obligations, Member States would substantially contribute to a reduction of administrative burdens in line with the objectives set by the European Council. Improved administrative cooperation could also constitute an important element when aiming to improve and increase effective compliance with and enforcement of Community law. Adequate and effective implementation and enforcement are key elements in the protection of posted workers rights. Future measures : the Commission considers that urgent action is required and envisages the following measures: adopt a Commission Recommendation (on the basis of Article 211 EC), to be endorsed by Council conclusions in order to reinforce administrative cooperation amongst Member States through the use of the Internal Market Information System (IMI)43 and to clarify the role of liaison offices; adopt a Commission Decision setting up a high level Committee, in order to support and assist the Member States in identifying and exchanging good practices, to institutionalise the current, informal Group of Government Experts by identifying with greater precision its role, tasks and responsibilities, and to formally involve social partners regularly; ensure effective compliance with the fundamental freedoms of the EC-Treaty, as interpreted by the ECJ, by those Member States which impose administrative requirements and control measures considered incompatible with prevailing Community law (such as the requirement to have a representative established in the host Member State, or an obligation to keep certain social documents on its territory, without any exception and/or time limitation, when information can be obtained via the employer or the authorities in the Member State of origin within a reasonable delay) on a case by case basis, including, if necessary, launching infringement proceedings under Article 226 EC; ensure the conformity with Community law, as interpreted by the ECJ notably in the judgement "Vander Elst", with respect to those Member States which still require work permits and other conditions to posted third country nationals who are legally staying and are legally employed in another Member State, by launching infringement procedures under Article 226 EC; continue monitoring the Member States' national transposition measures and their application on all other matters not dealt with in this Communication, including those situations where, contrary to Article 4(3), accessibility and transparency of information remains a problem, and, if necessary, take the appropriate measures, including launching infringement procedures under Article 226 EC; engage, for example in the above-mentioned high level Committee, with the Member States and Social Partners in an in-depth examination of cross-border enforcement problems (sanctions, fines, joint and several liability). On the basis of this examination, the Commission will take appropriate action. type: Follow-up document body: EC
    • date: 2007-06-13T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2007/0747/COM_SEC(2007)0747_EN.pdf title: SEC(2007)0747 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2007&nu_doc=747 title: EUR-Lex type: Follow-up document body: EC
    • date: 2008-04-03T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2008&nu_doc=379 title: EUR-Lex title: SEC(2008)0379 type: Follow-up document body: EC
    events
    • date: 1991-09-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
    • date: 1992-04-15T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
    • date: 1992-04-15T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: title: A3-0161/1992
    • date: 1992-05-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19920512&type=CRE title: Debate in Parliament
    • date: 1992-05-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: title: T3-0277/1992 summary:
    • date: 1992-07-06T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1991&nu_doc=230 title: EUR-Lex title: COM(1991)0230 summary:
    • date: 1992-07-06T00:00:00 type: Report referred back to committee body: EP
    • date: 1993-01-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary:
    • date: 1993-01-26T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: title: A3-0022/1993
    • date: 1993-02-08T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19930208&type=CRE title: Debate in Parliament summary:
    • date: 1993-02-10T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: title: T3-0083/1993 summary:
    • date: 1993-06-15T00:00:00 type: Modified legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1993&nu_doc=225 title: EUR-Lex title: COM(1993)0225 summary:
    • date: 1994-09-22T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1784*&MEET_DATE=22/09/1994 title: 1784 summary: The "Labour and Social Affairs" Council held a policy debate on this proposal. The debate in particular related to: - the scope of the directive; - the possibility to provide or to allow, an initial period during which the provisions of the directive would not be applicable and, if necessary, the duration of such an initial period.
    • date: 1994-12-06T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1813*&MEET_DATE=06/12/1994 title: 1813
    • date: 1995-03-27T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1836*&MEET_DATE=27/03/1995 title: 1836 summary: The debate focused on: - the scope of the Directive; - the exhaustive or non-exhaustive nature of the list of terms and conditions of employment covered by the Directive; - the optional non­-application of provisions regarding minimum annual paid holidays and minimum rates of pay to short-­term postings of under one month. The Council instructed the Permanent Representatives Committee to continue discussing the matter in the light of this debate with a view to a decision at the Council meeting on 29 June 1995.
    • date: 1995-06-15T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19950615&type=CRE title: Debate in Parliament
    • date: 1995-06-15T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: title: T4-0302/1995
    • date: 1995-06-29T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1862*&MEET_DATE=29/06/1995 title: 1862 summary: At the request of the Commission, the Council had a brief discussion on the proposal for a directive concerning the posting of workers in the framework of the provision of services. Commissioner FLYNN said he was prepared to make one last effort to help reach agreement on this important directive. The Council instructed the Permanent Representatives Committee to continue the discussion under the Spanish Presidency.
    • date: 1995-12-05T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1892*&MEET_DATE=05/12/1995 title: 1892 summary: The Council discussed the proposal for a directive concerning the posting of workers in the framework of the provision of services. One problem covered by the discussion was that of the time threshold, i.e. the non-­application to short-term postings of the host Member State ’s provisions regarding the minimum length of paid annual holidays and minimum rates of pay. The Council instructed the Permanent Representatives Committee to continue the discussions and to report back at a meeting in the near future.
    • date: 1996-06-03T00:00:00 type: Council position published body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6689%2F96&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06689/2/1996 summary:
    • date: 1996-06-20T00:00:00 type: Committee referral announced in Parliament, 2nd reading body: EP
    • date: 1996-07-24T00:00:00 type: Vote in committee, 2nd reading body: EP summary:
    • date: 1996-07-24T00:00:00 type: Committee recommendation tabled for plenary, 2nd reading body: EP docs: title: A4-0265/1996
    • date: 1996-09-17T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19960917&type=CRE title: Debate in Parliament summary: The rapporteur, Mr Peter (PSE, D), welcomed the Directive that had been put forward by the Commission, which sought to eliminate unfair competition by ensuring that ‘posted’ workers did not receive lower wages and were not subjected to less favourable working conditions that those prevailing in the Member State in which they were practising their profession. While establishing that the Commission and the Council had taken note of Parliament’s demands, the rapporteur also wanted to see the directive applied to port dredging and navigation work. Commissioner Flynn had underlined the importance of protecting freedom of movement, while at the same time avoiding social and wage dumping. He was opposed to the amendment on the application of the directive to ‘ro-ro’ vessels transporting passengers and freight. In fact workers on board this type of vessel were not outside the terms of the Directive in question, and in any case ro-ro vessels came under the law on flag Member State; moreover, it was extremely rare to find cases in which a worker on board a vessel flying the flag of one Member State was transferred to a vessel flying the flag of another Member State. Finally, Commissioner Flynn gave his assurance that the Commission would see to it that Member States transposed the Directive into their legislation.
    • date: 1996-09-18T00:00:00 type: Decision by Parliament, 2nd reading body: EP docs: title: T4-0456/1996 summary:
    • date: 1996-09-24T00:00:00 type: Act approved by Council, 2nd reading body: CSL summary: The Council adopted the Directive, with the UK delegation voting against and the Portuguese delegation abstaining (with explanations of vote).
    • date: 1996-12-16T00:00:00 type: Final act signed body: CSL
    • date: 1996-12-16T00:00:00 type: End of procedure in Parliament body: EP
    • date: 1997-01-21T00:00:00 type: Final act published in Official Journal docs: title: Directive 1996/71 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=31996L0071 title: OJ L 018 21.01.1997, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:1997:018:TOC
    other
    • body: CSL type: Council Meeting council: Former Council configuration
    procedure/dossier_of_the_committee
    Old
    EMPL/4/07921
    New
    • EMPL/4/07921
    procedure/final/url
    Old
    http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=31996L0071
    New
    https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=31996L0071
    procedure/instrument
    Old
    Directive
    New
    • Directive
    • See also 2003/2168(INI) See also 2012/0061(COD) Amended by 2016/0070(COD) See also 2017/0121(COD)
    procedure/subject
    Old
    • 2.40 Free movement of services, freedom to provide
    • 4.15.12 Workers protection and rights, labour law
    New
    2.40
    Free movement of services, freedom to provide
    4.15.12
    Workers protection and rights, labour law
    procedure/summary
    • See also
    • See also
    links/European Commission/title
    Old
    PreLex
    New
    EUR-Lex
    activities
    • date: 1991-09-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading
    • date: 1992-04-15T00:00:00 body: EP type: Vote in committee, 1st reading/single reading docs: type: Committee report tabled for plenary, 1st reading/single reading title: A3-0161/1992
    • date: 1992-05-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19920512&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 1992-05-13T00:00:00 docs: type: Decision by Parliament, 1st reading/single reading title: T3-0277/1992 body: EP type: Decision by Parliament, 1st reading/single reading
    • date: 1992-07-06T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1991&nu_doc=230 celexid: CELEX:51991PC0230:EN type: Decision by Parliament, 1st reading/single reading title: COM(1991)0230 body: EP type: Decision by Parliament, 1st reading/single reading
    • date: 1993-01-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP docs: type: Committee report tabled for plenary, 1st reading/single reading title: A3-0022/1993
    • date: 1993-02-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19930208&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 1993-02-10T00:00:00 docs: type: Decision by Parliament, 1st reading/single reading title: T3-0083/1993 body: EP type: Decision by Parliament, 1st reading/single reading
    • date: 1993-06-15T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1993&nu_doc=225 celexid: CELEX:51993PC0225:EN type: Modified legislative proposal published title: COM(1993)0225 type: Modified legislative proposal published body: EC commission:
    • body: CSL meeting_id: 1784 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1784*&MEET_DATE=22/09/1994 type: Debate in Council title: 1784 council: Social Affairs date: 1994-09-22T00:00:00 type: Council Meeting
    • body: CSL meeting_id: 1813 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1813*&MEET_DATE=06/12/1994 type: Debate in Council title: 1813 council: Social Affairs date: 1994-12-06T00:00:00 type: Council Meeting
    • body: CSL meeting_id: 1836 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1836*&MEET_DATE=27/03/1995 type: Debate in Council title: 1836 council: Social Affairs date: 1995-03-27T00:00:00 type: Council Meeting
    • date: 1995-06-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19950615&type=CRE type: Debate in Parliament title: Debate in Parliament type: Decision by Parliament, 1st reading/single reading title: T4-0302/1995 body: EP type: Debate in Parliament
    • body: CSL meeting_id: 1862 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1862*&MEET_DATE=29/06/1995 type: Debate in Council title: 1862 council: Social Affairs date: 1995-06-29T00:00:00 type: Council Meeting
    • body: CSL meeting_id: 1892 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1892*&MEET_DATE=05/12/1995 type: Debate in Council title: 1892 council: Social Affairs date: 1995-12-05T00:00:00 type: Council Meeting
    • date: 1996-03-29T00:00:00 body: CSL type: Council Meeting council: Social Affairs meeting_id: 1914
    • body: CSL meeting_id: 1930 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6689%2F96&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 06689/2/1996 council: Social Affairs date: 1996-06-03T00:00:00 type: Council Meeting
    • date: 1996-06-20T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading
    • date: 1996-07-24T00:00:00 type: Vote in committee, 2nd reading body: EP docs: type: Committee recommendation tabled for plenary, 2nd reading title: A4-0265/1996
    • date: 1996-09-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=19960917&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 1996-09-18T00:00:00 docs: type: Decision by Parliament, 2nd reading title: T4-0456/1996 body: EP type: Decision by Parliament, 2nd reading
    • body: CSL meeting_id: 1948 council: Social Affairs date: 1996-09-24T00:00:00 type: Council Meeting
    • date: 1996-12-16T00:00:00 body: CSL type: Final act signed
    • date: 1996-12-16T00:00:00 body: EP type: End of procedure in Parliament
    • date: 1997-01-21T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=31996L0071 title: Directive 1996/71 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:1997:018:TOC title: OJ L 018 21.01.1997, p. 0001
    committees
      links
      European Commission
      other
      • body: CSL type: Council Meeting council: Former Council configuration
      procedure
      dossier_of_the_committee
      EMPL/4/07921
      reference
      1991/0346(COD)
      instrument
      Directive
      legal_basis
      stage_reached
      Procedure completed
      summary
      See also
      subtype
      Legislation
      title
      Freedom to supply services and workers' rights: posting of workers
      type
      COD - Ordinary legislative procedure (ex-codecision procedure)
      final
      subject