Proposal for a Council Directive on the extension of Council Directive 94/45/EC of 22 September 1994, on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, to the United Kingdom of Great Britain and Northern Ireland (97/C 335/09) COM(97) 457 final - 97/0238(CNS)

(Submitted by the Commission on 23 September 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas the Council, acting in accordance with the Agreement on social policy annexed to Protocol 14 on social policy annexed to the Treaty establishing the European Community, and in particular Article 2 (2) thereof, adopted on 22 September 1994 Council Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (1); whereas, therefore, Council Directive 94/45/EC does not apply to the United Kingdom of Great Britain and Northern Ireland;

Whereas the Amsterdam European Council held on 16 and 17 June 1997 noted with approval the agreement of the Intergovernmental Conference to incorporate the Agreement on social policy in the EC Treaty and also noted that a means should be found to give legal effect to the wish of the United Kingdom of Great Britain and Northern Ireland to accept the Directives which have already been adopted on the basis of that Agreement before the signature of the Amsterdam Treaty; whereas the present Directive seeks to achieve this aim by applying Council Directive 94/45/EC to the United Kingdom of Great Britain and Northern Ireland;

Whereas the fact that Council Directive 94/45/EC is not applicable in the United Kingdom of Great Britain and Northern Ireland directly affects the functioning of the common market; whereas its implementation in all the Member States will improve the functioning of the common market;

Whereas Council Directive 94/45/EC provides for a maximum of 17 members of the special negotiating body; whereas such a number corresponds to the 14 Member states which are party to the Agreement on social policy plus the three remaining Contracting Parties of the European Economic Area; whereas the adoption of this Directive will bring the total number of States covered by Directive 94/45/EC to 18; whereas therefore the abovementioned maximum should be increased to 18 so that each Member State in which the Community-scale undertaking has one or more establishments or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings is represented;

Whereas Council Directive 94/45/EC provides for special treatment to be accorded to Community-scale undertakings and groups of undertakings in which there is, on 22 September 1996 an agreement, covering the entire workforce providing for the transnational information and consultation of employees; whereas, accordingly, Community-scale undertakings and groups of undertakings falling within the scope of Council Directive 94/45/EC solely as a result of its application to the United Kingdom of Great Britain and Northern Ireland, should be granted similar treatment;

Whereas the adoption of this Directive will make Directive 94/45/EC applicable in all Member States including the United Kingdom of Great Britain and Northern Ireland;

Whereas Member States were required to bring into force the laws, regulations and administrative provisions to comply with Council Directive 94/45/CE no later than two years after the adoption of the latter Directive; whereas a similar period should be granted to the United Kingdom of Great Britain and Northern Ireland, as well as to the other Member States of the European Union, to bring into force the necessary provisions to comply with this Directive,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Without prejudice to Article 3, Directive 94/45/EC shall apply to the United Kingdom of Great Britain and Northern Ireland.

Article 2

In Article 5 (2) (b) of Directive 94/45/EC '17` is hereby replaced by '18`.

Article 3

The obligations resulting from this Directive shall not apply to Community-scale undertakings or Community-scale groups of undertakings, which, solely by virtue of Article 1, fall within the scope of this Directive, provided that, on the date laid down in Article 4 (1) for the implementation of this Directive or the date of its transposition in the Member State in question where this is earlier than the above-mentioned date, there is already an agreement covering the entire workforce providing for the transnational information and consultation of employees.

When the Agreements referred to in the first subparagraph expire, the parties to those Agreements may decide jointly to renew them. Where this is not the case, the provisions of Council Directive 94/45/EC as amended by this Directive shall apply.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than . . . (2*) or shall ensure by that date at the latest that management and labour introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 5

This Directive is addressed to the Member States.

(1) OJ L 254, 30. 9. 1994, p. 64.

(2*) Two years after the adoption of the present Directive.