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 |
|
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 |
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 |
|