A3-0091/94

Resolution on the new social dimension of the Treaty on European Union

The European Parliament,

-having regard to Rule 148 of its Rules of Procedure,

-having regard to Protocol No. 14 and the Agreement on social policy concluded between eleven Member States, annexed to the Treaty establishing the European Community,

-having regard to the Commission communication to the Council and the European Parliament on the application of the Agreement on Social Policy (COM(93)0600 - C3-0008/94),

-having regard to its resolution of 16 December 1993 on the outcome of the Social Affairs Council of 23 November 1993,

-having regard to the report of the Committee on Social Affairs, Employment and the Working Environment and the opinion of the Committee on Women's Rights (A3-0247/93),

-having regard to the second report of the Committee on Social Affairs, Employment and the Working Environment (A3-0091/94),

A.whereas, despite its defects and ambiguities concerning social policy, the Treaty on European Union will enable some progress to be made towards completing the social dimension through legislation and agreements between management and labour at Community level,

B.deploring, however, the weakness of the role assigned to the European Parliament in the legislative process in the whole of the social sphere, where the areas subject to qualified majority voting and the cooperation procedure remain too limited, while important areas are left totally outside the Community's area of responsibility,

C.whereas, in the Member States, the practice of negotiation between management and labour has become an important aspect of the process of economic and social regulation which characterizes the European social model,

D.whereas the abovementioned Agreement significantly alters the role played by the signatory institutions in the legislative process,

E.whereas management and labour must be given a greater role in this process if the economic and social objectives set out in Article 1 of the Agreement are to be achieved,

1.Notes the communication concerning the application of the Protocol on Social Policy and instructs its competent committee to draw up a special report on it;

2.Takes the view that in order to apply and implement the provisions of the Protocol on Social Policy, particularly those concerning the procedure for dialogue between management and labour, a clear agreement is needed between the Community institutions which take part in the legislative process;

3.Calls, therefore, on the Commission to forward at the same time to the institutions which take part in the normal legislative process the proposals on which management and labour wish to reach agreement between themselves, so that once the time limit has expired and in the event of a negative result Parliament and the Council can adopt the Commission proposal without delay;

4.Regrets the fact that even the Maastricht Treaties envisage only a limited impact by the Community in the field of social policy, even between the eleven Member States in favour of progress in this sphere, a point which applies particularly to social security and co-determination;

5.Regrets the attitude of the UK Government, which has resulted in special arrangements in social policy for the United Kingdom, and calls on the UK to accede as soon as possible to the agreement of the Eleven on social policy;

6.Regrets that, despite the possibility of adopting social directives by a qualified majority, the Council is seeking unanimity of decision-making which leads to unacceptable derogations, a lack of coherence and too low a level of social protection;

7.Expects that, if no consensus is reached with Great Britain pursuant to the social provisions which remain binding on all twelve countries, the agreement of the Eleven on social policy will be strictly applied;

8.Points out that all amendments by the Council to agreements between management and labour must pass through the Community's legislative process and that all Council decisions on agreements between management and labour must be agreed in advance under its partnership with Parliament;

9.Requests, in order to strengthen and reinforce the involvement of Parliament in the legislative process in the social field, and in the expectation that the intergovernmental conference planned for 1996 will institute a right of legislative initiative for the European Parliament and that it will substantially strengthen the powers of the Community inter alia in the social area, that the Council and the Commission should conclude with the European Parliament, in the framework of an interinstitutional agreement, a code of good conduct to strengthen its rights in the legislative procedure and give it a right of initiative enabling it, if an agreement by management and labour is rejected, to request the Commission to initiate the legislative procedure at an early date;

10.Therefore attaches to this resolution a draft as a basis for an interinstitutional agreement laying down joint provisions for the practical application of the Protocol between the Commission, Council and Parliament, and calls upon the Commission and Council to enter into negotiations with Parliament concerning it without delay;

11.Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the parliaments of the Member States and to the European Trade Union Confederation, UNICE and the trade unions and employers' organizations in the Member States.

Annex

DRAFT JOINT DECLARATION OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION, AS THE INSTITUTIONS WHICH TAKE PART IN THE LEGISLATIVE PROCESS CONCERNING THE APPLICATION OF PROTOCOL No. 14 AND OF THE AGREEMENT ON SOCIAL POLICY ANNEXED TO THE TREATY ON EUROPEAN UNION

The European Parliament, the Council and the Commission,

-having regard to the Treaty establishing the European Community,

-having regard to Protocol No. 14 and the Agreement on social policy annexed thereto,

A.whereas this Agreement significantly alters the role played by the institutions participating in the legislative process,

B.whereas management and labour must be given a greater role in this process if the economic and social objectives set out in Article 1 of the Agreement are to be achieved,

HAVE AGREED AS FOLLOWS

1.With a view to the implementation of Article 3 of the Agreement, the institutions which take part in the legislative process shall agree on the conditions for determining the representativeness of management and labour.

2.The institutions which take part in the legislative process shall be informed immediately by the Commission at the beginning of the process for the consultation of management and labour on the possible direction of Community action, which may not exceed six weeks. If necessary, the same deadline shall apply in respect of the implementation of Article 3(3) of the Agreement.

3.The decision by management and labour to open negotiations must be taken, pursuant to Article 3(4) of the Agreement, before the end of the two consultations. The institutions which take part in the legislative process shall be informed without delay of this decision.

4.The Commission shall inform the institutions which take part in the legislative process without delay of the progress of the negotiations, including proposals submitted to management and labour for consideration.

5.If the deadline provided for in Article 3(4) of the Agreement expires without management and labour having reached agreement, the Commission shall submit a proposal without delay to the institutions which take part in the legislative process. If no agreement is reached between management and labour, Parliament may call upon the Commission to initiate the legislative procedure immediately.

6.If management and labour jointly call on the Commission to submit to the Council an agreement in accordance with the procedure pursuant to Article 4, second paragraph, the Council may not refuse to implement such an agreement until it has consulted, and received the opinion of, the European Parliament.

7.Should the Council intend to modify part of the agreements concluded between management and labour, the agreement shall be deemed to have been repudiated and Parliament shall call on the Commission, in accordance with the procedure pursuant to Article 138b, second paragraph of the EC Treaty, to initiate forthwith the legislative process in accordance with the procedure pursuant to Articles 2 and 3 of Protocol No. 14.

8.With a view to the implementation of agreements concluded at Union level between management and labour, the Council and the Commission undertake to promote instruments which will ensure the fullest possible implementation of the agreements in all Member States on an equal basis.

9.Agreements between management and labour under the terms of Articles 3 and 4 of the Agreement shall be without prejudice to the powers of the budgetary authority as defined by the Treaty.