“ Following the screening exercise of proposals pending undertaken as part of its effort for better regulation in the framework of the Partnership for Growth and Jobs in the European Union, the Commission has decided to withdraw certain proposals on which the Legislator has not yet reached a decision and which were found not to be consistent with the Lisbon and Better Regulation criteria, unlikely to make further progress in the legislative process or found to be no longer topical for objective reasons”. (OJ C64 of 17.03.2006, pages 3-10).

The Council took note of the progress that had been made on the amended proposal for a regulation on a statute for a European mutual society and the amended proposal for a directive supplementing the statutes in respect of the involvement of employees. From the first reading of the proposal, which was begun under the Irish Presidency while awaiting a resolution of the main problem, namely the involvement of employees, it appeared that certain delegations were not convinced of the need for introducing a statute for a European mutual society, while others underlined the value of such a legal instrument. Although most of the delegations had still to complete their examination of the regulations at national government level, the technical discussions had raised a number of important points and questions concerning basic objectives. The main questions that had arisen to date concerned: the appropriateness of the legal basis being proposed by the Commission, namely Article 100a of the Treaty; the need for an evaluation of the exact nature and scope of the European mutual society, since the activities of national mutual societies varied enormously from one Member State to the next. On the same lines there was a need for a clear definition of the nature of the members comprising the European mutual society. The following general trends emerged in the course of the discussions: national law should be responsible for those matters that were unconnected with the ‘European’ character of the mutual society; the text relating to the European mutual society should be brought into line with the proposals adopted for the European cooperative society and the European association, according to requirements.

PURPOSE: to organise the participation of employees in the EMS in order to recognise their place and their role in the proposed organisation.

PROPOSED ACT: Council Directive completing the statute of the European Mutual Society in matters concerning the role of workers.

CONTENT: The proposal deals with the role of workers in future European Mutual Societies, the establishment of which is the subject of a separate and simultaneous proposal (see COD/1991/0390).

Principle : the national provisions of the State where the EMS has its headquarters may be applied concerning the participation of workers in the supervisory and administrative bodies. Failing that, the Member State should make specific provisions to ensure at the least, consultation of and information to workers, in accordance with the model, the outlines of which are given in the proposal.

Minimum provisions : the choice of model relating to participation and/or to the system of information and consultation is an indispensable condition for the registration of an EMS. The proposal states the national provisions apply to matters concerning the participation of workers in administrative or supervisory bodies in national organisations. However, if the Member State of the EMS’s seat has no rules on the participation of workers or if it does not wish to apply such provisions to the EMS, it must conform to certain minimum provisions:

-the implementation of a system for the adoption of a procedure for information and consultation in EMSs with at least 50 workers;

-the administrative board of the EMS must inform and consult the workers in good time and determine the areas on which at least the information and consultation must be provided, and especially on all proposals which may have serious consequences for the interests of workers or all questions concerning the conditions of employment.

The directive specifies certain fundamental principles concerning the modalities of election and exercise of mandates. Accordingly, the workers’ representatives must be elected and represent the workers of all the various offices or factories of the EMS, even if they are part-time employees.

PURPOSE: to organise the participation of employees in the EMS in order to recognise their place and their role in the proposed organisation.

PROPOSED ACT: Council Directive completing the statute of the European Mutual Society in matters concerning the role of workers.

CONTENT: The proposal deals with the role of workers in future European Mutual Societies, the establishment of which is the subject of a separate and simultaneous proposal (see COD/1991/0390).

Principle : the national provisions of the State where the EMS has its headquarters may be applied concerning the participation of workers in the supervisory and administrative bodies. Failing that, the Member State should make specific provisions to ensure at the least, consultation of and information to workers, in accordance with the model, the outlines of which are given in the proposal.

Minimum provisions : the choice of model relating to participation and/or to the system of information and consultation is an indispensable condition for the registration of an EMS. The proposal states the national provisions apply to matters concerning the participation of workers in administrative or supervisory bodies in national organisations. However, if the Member State of the EMS’s seat has no rules on the participation of workers or if it does not wish to apply such provisions to the EMS, it must conform to certain minimum provisions:

-the implementation of a system for the adoption of a procedure for information and consultation in EMSs with at least 50 workers;

-the administrative board of the EMS must inform and consult the workers in good time and determine the areas on which at least the information and consultation must be provided, and especially on all proposals which may have serious consequences for the interests of workers or all questions concerning the conditions of employment.

The directive specifies certain fundamental principles concerning the modalities of election and exercise of mandates. Accordingly, the workers’ representatives must be elected and represent the workers of all the various offices or factories of the EMS, even if they are part-time employees.