B3-0253, 0256, 0268 and 0272/94

Resolution on the state of the negotiations on a European Works Council

The European Parliament,

-having regard to the Treaty establishing the European Community and the Protocol on social policy annexed thereto,

-having regard to its opinion of 10 July 1991 on the proposal for a Council directive on the establishment of a European Works Council in Community-scale undertakings or groups of undertakings for the purposes of informing and consulting employees,

-having regard to the Council's negotiations on this opinion,

-having regard to its resolution of 24 February 1994 on the new social dimension of the Treaty on European Union,

-having regard to the Commission's communication on the application of the Protocol on social policy,

A.whereas the credibility of economic and monetary union depends on the achievement of economic and social cohesion,

B.whereas the signatories to the Protocol on social policy thereby committed themselves, upon the completion of the internal market, also to strengthen its social dimension,

C.whereas workers' rights at European level have not yet evolved to the same extent as the Internal Market and the opportunities it affords enterprises,

D.whereas it is one of the fundamental rights of employees that they be informed and consulted on the policies of their undertaking,

E.surprised that the Commission has watered down the compromise text of the Belgian presidency on several points,

F.whereas Articles 3 and 4 of the Agreement on social policy establish a new dimension of social dialogue at Community level, in which the social partners can conclude agreements which, through a Council decision on a proposal from the Commission, can become Community law,

1.Regrets that the Social Affairs Council has not managed to agree a common position on the setting up of European Works Councils for the information and consultation of transnational undertakings;

2.Points out that, according to the Agreement on social policy, it is possible to approve this proposal in Council with a qualified majority;

3.Points out that, in accordance with the Agreement on social policy, the Commission has given a hearing to the social partners concerning the Commission proposal on the setting up of European Works Councils;

4.Deplores the fact that the Commission is already using the communication on the implementation of the Agreement on social policy as a basis of consultation, before the European Parliament has adopted its position on the question of the mutual recognition of management and labour,

5.Considers that a workable and practical solution should be found which takes into account the differing circumstances of the different undertakings and countries;

6.Reminds the Commission that a period of only six weeks is laid down for the second consultation of the social partners;

7.Expects the Commission, should the social partners not be in a position to take up serious negotiations, to introduce the normal legislative procedure immediately after the expiry of the six-week period (as proposed by Parliament in its abovementioned resolution of 24 February 1994), which will lead to a direct agreement on the setting up of Works Councils at a European level;

8.Calls on the Commission to forward the text of the Belgian compromise as the proposal for a Council Directive on the basis of Article 2(2) of the Agreement on Social Policy if the European employers' organisations and the European trade union organisations do not reach a basic agreement to start negotiations between them concerning the European Works Council;

9.Calls on the Commission to make available to Parliament for its information the proposal sent to the social partners for their opinion;

10.Instructs its President to forward this resolution to the Commission and the Council.