Activites

• 1997/12/08 Final act published in Official Journal
• 1997/11/19 Decision by Parliament, 1st reading/single reading
  • T4-0562/1997 summary

    In adopting the report by Mr Winfried MENRAD (PPE, D) on European systems of worker involvement, the European Parliament welcomes the ideas put forward by the Davignon Group and the Luxembourg Presidency. However, it notes that some fundamental questions, particularly regarding the role of the European works council, have been left in abeyance. It again stresses the importance of adopting a European company statute containing rules on the right of workers and their unions to information, consultation and participation and feels that these rules should not be limited to European Companies, but should also apply to European cooperative societies, mutual societies and associations. Parliament reaffirms the principles laid down in the 1994 Directive on European works councils, namely flexibility, negotiated solutions and minimum standards in the event of a breakdown of negotiations, and calls for these principles to apply also to European Companies. It is convinced that only flexibility and negotiated solutions will make it possible to accommodate the specific structures of enterprises and traditions of worker participation in the Member States. However, the adoption of a European statute must not, under any circumstances, result in enterprises being able to avoid worker participation in a European Company's supervisory board or other decision-making bodies. So as to close off this escape route, Parliament firmly supports the idea of prohibiting the transformation of a national company into a European Company. The information and consultation obligations of employers and participation rights of workers should be imposed and accompanied by effective checks, as well as appropriate penalties in the event of failure to comply. Parliament fully supports the idea of creating a transnational body representing workers which is tailored to the specific needs of the European Company and which will take on the functions of a European works council even if the thresholds (size of undertaking, etc.) laid down in the EWC Directive are not reached. It also demands that all rights of trade unions established under national worker participation legislation and practices be maintained in respect of European Companies. Finally, it requests the Luxembourg Presidency to bring about political agreement in this field by the end of 1997, taking account of the opinions of Parliament, the European social partners and the Economic and Social Committee. �

• 1997/11/18 Debate in Parliament
• 1997/11/04 Vote in committee, 1st reading/single reading
  • A4-0354/1997
• #2030
• 1997/10/07 Council Meeting
  • 2030
• 1997/09/19 Committee referral announced in Parliament, 1st reading/single reading
• #2015
• 1997/06/27 Council Meeting
• 1997/05/21 Non-legislative basic document published
  • N4-0455/1997 summary

    OBJECTIVE: presentation of the final report of the Davignon Group, which sets out a progress-oriented approach to the European Company Statute, including a proposal for a set of general rules to serve as a basis for further negotiations between Member States on this subject. SUBSTANCE: since 1970 the Community has been working on a European Company Statute. However, the various texts proposed to date have proved abortive, owing to the failure to reach a compromise on the subject of worker participation. After comparing the national systems of worker consultation in the 15 Member States, the Davignon Group ruled out the idea of general harmonization, as there were too many differences. The solution envisaged is based on negotiations between management and workers' representatives in each individual case. Such negotiations would be compulsory, although the parties would have complete freedom, and there would be no minimum conditions. However, in order to ensure that the two sides negotiate properly, there would be a cut-off point three months after approval of the establishing of the European company. This deadline could be extended by joint agreement between the parties, but the maximum period for negotiations to reach a conclusion would be one year. If no agreement were reached by the deadline, reference rules would then apply. The Davignon Group proposes 'minimum' provisions which would include: - information and consultation of workers: workers' representatives would be entitled to give an opinion on any question significantly affecting the affairs of the European Company, - participation: workers would be invited to participate in the management board and supervisory board of the European Company and would have the same rights and the same duties as the other members. The Group proposes that workers' representatives make up one fifth of the members of the management board or supervisory board, with a minimum of two members. These provisions will have to be supplemented by rules on the protection of workers' representatives, financial and physical resources, the right to consult experts, and the circulation and protection of the confidentiality of certain types of information. These rules will take precedence over national rules on the subject in the country in which the European Company is located and established. The reference rules will apply only to participation and to the trans-national dimension of information and consultation of workers in the European Company (the national dimension of information and consultation being covered by national rules). �

Documents

• Non-legislative basic document published: N4-0455/1997
• Debate in Council: 2030
• Committee report tabled for plenary, single reading: A4-0354/1997
• Decision by Parliament, 1st reading/single reading: T4-0562/1997

History

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