Annexes to COM(2024)14 - Amendment of Directive 2009/38/EC as regards the establishment and functioning of European Works Councils and the effective enforcement of transnational information and consultation rights

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dossier COM(2024)14 - Amendment of Directive 2009/38/EC as regards the establishment and functioning of European Works Councils and the effective ...
document COM(2024)14
date January 24, 2024
agreements in force should be allowed to continue to avoid their obligatory renegotiation when this would be unnecessary.

0Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

0Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, p. 16).

0Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16). 

0Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (OJ L 142, 30.4.2004, p. 12).

0Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (codification) (OJ L 169, 30.6.2017, p. 46).

0Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) (OJ L 172, 26.6.2019, p. 18).

0Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (OJ L 294, 10.11.2001, p. 22).

0Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (OJ L 207, 18.8.2003, p. 25).

0SWD(2024)10 final, section 7.4.

0SWD(2018)187, p. 15.

0The work on the handbook was suspended in April 2019, following a refusal of the EU level trade union organisations to participate in a group of experts, which would contribute to it.

0The Commission services held a meeting with Member States’ experts with a focus on enforcement and sanctions in 2019, while an infringement procedure concerning the Irish enforcement system was launched in 2022 and is ongoing.

0ICF(2023) Study exploring issues and possible solutions in relation to the Recast Directive 2009/38/EC on European Works Council.

0SWD(2024)10 final. See the summary sheet SWD(2024)11 final.

0SEC(2024)35.

0Average costs of renegotiations could not be reliably quantified. Evidence suggests that a re-negotiation process is shorter than the process for setting up a new EWC, while it may also require multiple meetings in complex cases. Based on the available evidence, it was possible to monetise certain costs linked to meetings between management and EWC representatives for the renegotiation of existing agreements (ca. EUR 18 400 per meeting).

0For further explanations regarding the factors that might influence the operational costs linked to EWCs, see pp. 30 et seq. and Annex 12 of the impact assessment accompanying this initiative (SWD(2024)10 final).

0See Annex 5 of the impact assessment.

0EWCs represent the European employees of a multinational company, whether it is headquartered within or outside the EU. If the companies’ headquarters are situated outside the EU, the EWCs must be established under a jurisdiction of an EU/EEA Member State. The largest number of EWCs are located in multinational companies headquartered in the US (170), DE (124), FR (102), UK (92), SE (69), NL (58), CH (48), IT (38), FI (37), BE (36), JP (31).

0Given the thresholds set out in the definition of ‘Community-scale undertakings’ in the recast Directive, the requirements under the Directive do not apply to SMEs. For explanations why there are also no foreseeable indirect impacts on SMEs see Annex 12, section 1 of the impact assessment.

0While the envisaged amendment of subsidiary requirements to hold two annual plenary meetings instead of one might increase carbon emissions linked to travel to in-person meetings, the potential environmental impact of this measure is expected to be insignificant, given the small number of EWCs subject to subsidiary requirements. In addition, the requirement to specify in EWC agreements the format of meetings could prompt social partners to consider online meetings more systematically, which may lead to certain emission savings. A possibility to hold meetings remotely is already available under the existing rules if parties agree to do so. For a detailed explanation of the reasons, see Annex 12, section 1 of the impact assessment.

0Cf. judgment of 8 July 2019, Commission v Belgium, C-543/17, ECLI:EU:C:2019:573, par. 59.

0Cf. Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C-158/97, ECLI:EU:C:2000:163.

0OJ C […], […], p. […].

0OJ C […], […], p. […].

0Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 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 (Recast) (OJ L 122, 16.5.2009, p. 28, ELI: http://data.europa.eu/eli/dir/2009/38/oj).

0COM(2018) 292 final.

0European Parliament resolution of 2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL)).

0Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C-158/97, ECLI:EU:C:2000:163.

0Council 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 (OJ L 254, 30.9.1994, p. 64, ELI: http://data.europa.eu/eli/dir/1994/45/oj).

0Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

0Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

0Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

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