64 Amendments of Özlem DEMIREL related to 2019/2183(INL)
Amendment 14 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 33 #
Motion for a resolution
Recital H
Recital H
H. whereas the concept of transnationality remains a difficultmainly abstract, imprecise and not effective concept for EWC practitioners to interpret in concrete cases16 ; __________________ 16 Commission Staff Working Document of 14 May 2018, p. 6.
Amendment 54 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that participation rights play a crucial role in a functioning of the social market economy; stresses that EWCs and that information and consultation rights are particularly important instruments in that regard; stresses that democracy does not stop at the workplace and that EWCs therefore enhance democracy at the workplace and civic democracy;
Amendment 66 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties to enforce their rights, especially on timelyprior information and consultation about planned transnational measures that could impact the workforce in Europe;
Amendment 77 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the timely manner of consultation remains an issue where theStresses that information and consultation obligations are in the majority of cases carried out too late, not comprehensively or not at all by employers. As a consequence, any employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand;
Amendment 85 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for biannual meetings in order to improve the practical functioning and running of EWCsrequests to set up an EWC are often ignored, that the three-year negotiation period is very often not used effectively, and that certain milestones are therefore needed to ensure the conduct of genuine and regular negotiations during that time period;
Amendment 87 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that the right laid down in the subsidiary requirements of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for at least biannual meetings in presence in order to improve the practical functioning and running of EWCs;
Amendment 90 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the Member State implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in Directive 2016/943; stresses in this context that further efforts by Member State are needed in order to find a balance between specifying and clarifying the conditions under which the central management is not required to pass on sensitive information which could be harmfuland risking to circumvent, block and paralyse any cooperation with the EWC by withholding relevant information;
Amendment 99 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that EWCs have access on the basis of prima facie evidence to a competent national labour court, to enforce their right to information and consultation about measures which may have transnational effects for the workers;
Amendment 100 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on Member States to apply the “rule of Law” principle equally on legislation on collective workers´ rights by providing effective measures for the implementation and enforcement of these rules; calls on the Commission to monitor the transposition of Directive 2009/38/EC and to file infringement procedures when the Directive is not transposed appropriately;
Amendment 103 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance, including the temporary suspension of the implementation of management decisions; calls for the establishment of a right to request a preliminary injunction in national courts to prevent the management from implementing a measure before the prior information and consultation procedure as required by the provisions of this Directive has been completed;
Amendment 119 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that nearly twenty-five years after the entry into force of Directive 94/45/EC, over one third of EWC agreements are still not covered by the provisions of Directive 2009/38/EC, and that a handful of agreements are still operating under Directive 94/45/EC despite the adoption of Directive 2009/38/EC; calls on the Commission to phase out the obsolete exemption of these "Article 14 agreements" over a period of three years to ensure legal certainty and inclusion into the scope of the law without requiring any renegotiations;
Amendment 125 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States to ensure access to justice for EWCs and for the specification of the legal status ofto ensure that EWCs and Special Negotiating Bodies ashave legal actorspersonality and the resources needed to secure compliance with their collective rights under this Directive;
Amendment 128 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to oblige the Member States to determine the competent labour court to which the EWC and the special negotiation bodies can have access; calls on the Member State to notify the competent labour courts to the Commission;
Amendment 131 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Regrets the fact that a very low percentage of women are members, substitutes and office holders in the EWCs and calls for the introduction of procedural requirements in the selection processes to attain a gender-balanced representation;
Amendment 146 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
“4. Matters shall be considered to be transnational where they concern, directly or indirectly, the Community-scale undertaking or Community-scale group of undertakings as a whole, or directly or indirectly, at least two undertakings or establishments of the undertaking or group situated in two different Member States.”;
Amendment 149 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into accounit must be taken into account not only the level of management and representation that it involves, but also the scope of its possible effects, whether they are direct or indirect. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
Amendment 156 #
Motion for a resolution
Annex I – paragraph 1 – point 2 – point g
Annex I – paragraph 1 – point 2 – point g
“(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a priorn opinion on the basis of the information provided about the proposed measures to which the consultation is related, w. Without prejudice to the responsibilities of the management, and within a reasonable timeemployees' representatives shall have the right to obtain, in due time, a reasoned response to that opinion, which is toshall be taken into account within the Community- scale undertaking or Community-scale group of undertakings prior to the adoption of the decision;”;
Amendment 163 #
Motion for a resolution
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
(2a) in Article 3, paragraph 1 is replaced by the following: "1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, influence, financial participation, decision control or the rules which govern it."
Amendment 165 #
Motion for a resolution
Annex I – paragraph 1 – point 2 b (new)
Annex I – paragraph 1 – point 2 b (new)
(2b) in Article 3(1), the following subparagraph is inserted: "Notwithstanding the first subparagraph, an undertaking shall be considered a "controlling undertaking” when it is established in the territory of the Union or operate in the internal market selling goods or providing services directly or indirectly through subsidiaries, or branches or agreements, including franchise and license agreements, contract management or joint ventures."
Amendment 166 #
Motion for a resolution
Annex I – paragraph 1 – point 2 b (new)
Annex I – paragraph 1 – point 2 b (new)
(2b) in Article 5, paragraph 1 is amended as follows: "In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together at least two undertakings or establishments in at least two different Member States."
Amendment 169 #
Motion for a resolution
Annex I – paragraph 1 – point 2 d (new)
Annex I – paragraph 1 – point 2 d (new)
(2d) in Article 5, point (a) of paragraph 2 is amended as follows: "(a) The Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territories, including a set of procedural requirements to attain a gender-balanced representation."
Amendment 170 #
Motion for a resolution
Annex I – paragraph 1 – point 2 e (new)
Annex I – paragraph 1 – point 2 e (new)
(2e) in Article 5(4), the third subparagraph is amended as follows: "For the purpose of the negotiations, the special negotiating body may request assistance from representatives of competent recognised Community-level trade union organisations and if needed further experts of its choice. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body."
Amendment 171 #
Motion for a resolution
Annex I – paragraph 1 – point 2 f (new)
Annex I – paragraph 1 – point 2 f (new)
(2f) in Article 5(6), the second subparagraph is amended as follows: "In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to the expert representing a competent recognised Community-level trade union organisation."
Amendment 173 #
Motion for a resolution
Annex I – paragraph 1 – point 2 g (new)
Annex I – paragraph 1 – point 2 g (new)
(2g) in Article 6(2), point (b) is amended as follows: "(b) the composition of the European Works Council, the number of members, the allocation of seats, taking into account where possible the need for balanced representation of employees with regard to their activities and category, and the term of office; also when allocating the seats, a set of procedural requirements shall be established to attain a gender- balanced representation;"
Amendment 174 #
Motion for a resolution
Annex I – paragraph 1 – point -3 (new)
Annex I – paragraph 1 – point -3 (new)
(-3) in Article 7(1), the second indent is replaced by the following: "— where the first meeting of the Special negotiating body is not convened within six months of the request referred to in Article 5(1),"
Amendment 179 #
Motion for a resolution
Annex I – paragraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – point 3 – paragraph 1
“— where, after one year from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5) the Special negotiating body is not convened on a regular basis, and at least every three months.”;
Amendment 183 #
Motion for a resolution
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
(3a) in Article 7(2) the following subparagraph is added: "Central Management shall be responsible for implementing the application of the subsidiary requirements.";
Amendment 186 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 1
Annex I – paragraph 1 – point 4 – paragraph 1
“1. Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged not to reveal any trade secrets, as defined in Articles 1(1) and 2 of Directive (EU) 2016/943 of the European Parliament and of the Council1a which have expressly been provided to them in confidence.
Amendment 191 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
This paragraph shall not apply to members ofthe communication between the European Works Council who pass on information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentialityand the employees’ representatives and the competent recognized trade union organisations at national level.
Amendment 200 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – introductory part
Annex I – paragraph 1 – point 5 – introductory part
(5) in Article 9, the following paragraph iss are added:
Amendment 203 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – paragraph 1
Annex I – paragraph 1 – point 5 – paragraph 1
“If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide reasons why the information The central management shall initiate the information and consultation procedure in such a manner that ensures that the European Works Council cand consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, in particular because of the absence of transnational issuesordinate its opinion with employees’ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level.”;
Amendment 204 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – paragraph 1 a (new)
Annex I – paragraph 1 – point 5 – paragraph 1 a (new)
"The European Works Council or the select committee may be assisted by experts of its choice, in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. At the request of the European Works Council, such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to one expert coming in addition to the representative of a competent recognised Community-level trade union organisation."
Amendment 206 #
Motion for a resolution
Annex I – paragraph 1 – point 5 a (new)
Annex I – paragraph 1 – point 5 a (new)
(5a) in Article 10, paragraph 1 is amended as follows: "1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the Special Negotiating Body and the members of the European Works Council shall have the means required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings, and the legal capacity to lodge complaint and seek redress before competent legal authorities and courts".
Amendment 209 #
Motion for a resolution
Annex I – paragraph 1 – point 5 b (new)
Annex I – paragraph 1 – point 5 b (new)
(5b) in Article 10, paragraph 2 is amended as follows: "2. Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure carried out and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings".
Amendment 210 #
Motion for a resolution
Annex I – paragraph 1 – point 5 c (new)
Annex I – paragraph 1 – point 5 c (new)
Amendment 221 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shall establish procedureseffective judicial procedures, including the possibility to issue an interim injunction, to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto.”;
Amendment 224 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a a (new)
Annex I – paragraph 1 – point 6 – point a a (new)
(aa) the following subparagraph is added to paragraph 2: Within the meaning of paragraph 2, breaches include, but are not limited to: a) Not convening a constitutive meeting of the European Works Council established in application of the subsidiary requirements within 6 months after the subsidiary requirements have become applicable; b) the absence as well as the incomplete or late provision of information and/or consultation of the employees' representatives prior to a decision being taken or the public announcement of that decision; c) the withholding of important information or provision of false information rendering ineffective the exercise of the right to information and consultation. Member States shall apply retrospective sanctions in the event that a Community-scale undertaking and a Community-scale group of undertakings is found in breach of the obligations arising from this directive, but has already implemented decisions of a transnational nature.
Amendment 225 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point - b (new)
Annex I – paragraph 1 – point 6 – point - b (new)
(-b) paragraph 3 is amended as follows: "3. Where Member States apply Article 8, they shall make provision for administrative or judicial appeal procedures which the European Works Council and/or employees’ representatives may initiate when the central management requires confidentiality or does not give information in accordance with that Article. The procedure must ensure a timely decision so that the European Works Council can effectively exercise its information and consultation rights."
Amendment 231 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – paragraph 1
Annex I – paragraph 1 – point 6 – point b – paragraph 1
“The central management shall bear the direct costs incurred in carrying All judicial costs including legal expenses, legal proceeding, court thefees and procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representatival costs shall be covered by the central management. Subsidiary costs, such as paid-time off, travel or gathering of evidence, shall also be borne by the central management, from the start of the procedure and payable in advance.”;
Amendment 234 #
Motion for a resolution
Annex I – paragraph 1 – point 6 a (new)
Annex I – paragraph 1 – point 6 a (new)
(6a) the following Article is inserted: "Article 11a Access to justice Member States shall ensure that there are effective administrative or judicial mechanisms through which employees’ representatives who are members of a European Works Council or a Special Negotiation Body may lodge complaints against the central management. Member States shall ensure that Trade Unions with representation in the Community scale Undertaking or Community Scale Group of undertakings may engage either on behalf of or in support of the employee representatives within the European Works Councils and/or the Special negotiating bodies in any proceedings provided for with the objective of implementing this Directive. The administrative or judicial mechanisms shall meet the following requirements: a) Secure timely access of European Works Councils and Special Negotiation Bodies as legal persons; b) Provide the possibility of suspending decisions of the central management by interim order; c) Provide the possibility of suspending decisions of the central management by interim order as foreseen in Article 11 (2A); d) Special Negotiating Body or European Works Council have the possibility to petition the competent administrative or judicial authority to rule in a timely manner that the central management must comply with the requirements stipulated in or pursuant to this Directive."
Amendment 237 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 1
Annex I – paragraph 1 – point 7 – paragraph 1
“Article 11ab
Amendment 247 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
(b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to threfive years;
Amendment 252 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
(c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to threfive years.
Amendment 256 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 ort least 2 % of the undertaking’s total annual worldwide turnover in the preceding business year, whichever is higher and shall not exceed 4 % of that same total turnover. In fixing the amount of the financial penalty, regard shall be had both to the gravity and intentionality of the infringement.
Amendment 270 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point -a (new)
Annex I – paragraph 1 – point 8 – point -a (new)
(-a) Article 14 is deleted.
Amendment 271 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point a
Annex I – paragraph 1 – point 8 – point a
Amendment 272 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point a
Annex I – paragraph 1 – point 8 – point a
Amendment 273 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point a – paragraph 1
Annex I – paragraph 1 – point 8 – point a – paragraph 1
Amendment 274 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point a a (new)
Annex I – paragraph 1 – point 8 – point a a (new)
Amendment 275 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point a b (new)
Annex I – paragraph 1 – point 8 – point a b (new)
(ab) the following subparagraph in Article 14(1) is added: "Member States shall ensure that appropriate administrative or judicial procedures are in place to verify that the obligations arising from this Directive are fully taken into account in accordance with paragraph 1 of this Article. In all other respects, Article 11(3) shall apply mutatis mutandis."
Amendment 276 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point b
Annex I – paragraph 1 – point 8 – point b
Amendment 277 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point b
Annex I – paragraph 1 – point 8 – point b
Amendment 278 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point b – paragraph 1
Annex I – paragraph 1 – point 8 – point b – paragraph 1
Amendment 280 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point c
Annex I – paragraph 1 – point 8 – point c
Amendment 281 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point c – paragraph 1
Annex I – paragraph 1 – point 8 – point c – paragraph 1
Amendment 284 #
Motion for a resolution
Annex I – paragraph 1 – point 8 a (new)
Annex I – paragraph 1 – point 8 a (new)
(8a) In Article 14, the following paragraph is added: "3. On... [three years after the date of entry into force of this Directive], all rights and obligations laid down in this Directive shall apply without renegotiation of agreements concluded pursuant to Article 13(1) of Directive 94/45/EC or Article 3(1) of Directive 97/74/EC concluded pursuant to Article 6 of Directive 94/45/EC signed or revised between 5 June2009 and 5 June 2011.
Amendment 286 #
Motion for a resolution
Annex I – paragraph 1 – point 8 b (new)
Annex I – paragraph 1 – point 8 b (new)
(8b) the following Article is inserted: "15a Monitoring 1. A Monitoring Committee shall be set up by the Commission. Its function shall be to facilitate the application of this Directive through regular consultation dealing in particular with practical problems arising from its implementation; 2. The Monitoring Committee shall be composed of representatives of the Member States, of Union-level social partners with an equal representation of trade union and employer organisations and of the Commission. The chair shall be a representative of the Commission, which shall also provide secretarial services. 3. The Monitoring Committee shall be convened by its chair either on his/her own initiative or at the request of one of its members."
Amendment 287 #
Motion for a resolution
Annex I – paragraph 1 – point 8 c (new)
Annex I – paragraph 1 – point 8 c (new)
(8c) in Article 16, the following paragraph is inserted: "3. Member States shall notify the Commission of the measures taken referred in Articles 11 (2) and 11a no later than the date laid down in paragraph 1 and of any subsequent change thereto at the earliest opportunity."
Amendment 288 #
Motion for a resolution
Annex I – paragraph 1 – point 9a (new)
Annex I – paragraph 1 – point 9a (new)
(9a) in Annex I, point 5 is amended as follows: "5. The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity."
Amendment 292 #
Motion for a resolution
Annex I – paragraph 1 – point 9 – paragraph 1
Annex I – paragraph 1 – point 9 – paragraph 1
“The European Works Council shall have the right to meet with the central management at least twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.”
Amendment 294 #
Motion for a resolution
Annex I – paragraph 1 – point 9 a (new)
Annex I – paragraph 1 – point 9 a (new)
(9a) in Annex 1, point 3 is amended as follows: "3. Where there are exceptional circumstances or intended decisions which may affect the employees’ interests and urgency does not allow for information and/or consultation to take place at the next scheduled European Works Council meeting, particularly in the event of relocations, transfer of productions, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be timely informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. The members of the European Works Council designated in the countries directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings. Employee representatives of the establishments and/or undertakings which are directly or potentially concerned by the circumstances or decisions in question shall also have the right to participate where a meeting is organised with the select committee. In addition, where there are no members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are potentially directly concerned by the circumstances or decisions in question, employee representatives appointed or elected by those establishments and/or undertakings shall also have the right to participate where a meeting is organised with the select committee. This information and consultation meeting shall take place as soon as possible on the basis of a report drawn up by the central management or any other appropriate level of management of the Community-scale undertaking or group of undertakings, on which an opinion may be delivered at the end of the meeting or within a reasonable time. This meeting shall not affect the prerogatives of the central management. The information and consultation procedures provided for in the above circumstances shall be carried out without prejudice to Article 1(2) and Article 8."
Amendment 297 #
Motion for a resolution
Annex I – paragraph 1 – point 9 b (new)
Annex I – paragraph 1 – point 9 b (new)
(9b) in Annex 1, point 5 is amended as follows: "The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity."
Amendment 299 #
Motion for a resolution
Annex I – paragraph 1 – point 9 c (new)
Annex I – paragraph 1 – point 9 c (new)
(9c) in Annex 1, point 6, the third subparagraph is amended as follows: "In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert in addition to the representative of a competent recognised Community-level trade union organisation."