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From · report parliamentary committee draft · 2024-02-13 EMPL-PR-758777 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/38/EC as regards the establishment and functioning of European Works Councils and the effective enforcement of transnational information and consultation rights
To · act followup · 2025-11-10 SP-2025-11-10-TA-10-2025-0226 Follow up to T10-0226/2025
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

ORDINARY LEGISLATIVE procedure

Follow up to the European Parliament legislative resolution of 9 October 2025 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/38/EC as regards the establishment and functioning of European Works Councils and the effective enforcement of transnational information and consultation rights

(COM(2024)0014 – C90012/2024 – 2024/0006(COD))

1. Rapporteur: Dennis RADTKE (EPP / DE)

(Ordinary legislative procedure: first reading)

2. References: 2024/0006(COD) / A10-0029/2024 / P10_TA(2025)0226

The European Parliament,

3. Date of adoption of the resolution: 9 October 2025

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0014),

4. Legal basis: Article 153(1)(e) in conjunction with Article 153(2)(b) of the Treaty on the Functioning of the European Union (TFEU)

– having regard to Article 294(2) and Article 153(1)(e) in conjunction with Article 153(2)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90012/2024),

5. Competent Parliamentary Committee: Committee on Employment and Social Affairs (EMPL)

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

6. Commission's position: accepts all amendments

– having regard to the opinion of the European Economic and Social Committee,

– having regard to the opinion of the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Employment and Social Affairs (A90000/2024),

1. Adopts its position at first reading hereinafter set out;

2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 5

Or. en

Amendment 2

Proposal for a directive

Recital 8

Or. en

Amendment 3

Proposal for a directive

Recital 9

Or. en

Amendment 4

Proposal for a directive

Recital 11

Or. en

Amendment 5

Proposal for a directive

Recital 12

Or. en

Amendment 6

Proposal for a directive

Recital 15

Or. en

Amendment 7

Proposal for a directive

Recital 15 a (new)

Or. en

Amendment 8

Proposal for a directive

Recital 15 b (new)

Or. en

Amendment 9

Proposal for a directive

Recital 17

Or. en

Amendment 10

Proposal for a directive

Recital 18

Or. en

Amendment 11

Proposal for a directive

Recital 19

Or. en

Amendment 12

Proposal for a directive

Recital 19 a (new)

Or. en

Amendment 13

Proposal for a directive

Recital 20

Or. en

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 – subparagraph 2 – point a

Or. en

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 – subparagraph 2 – point b

Or. en

Amendment 16

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 – subparagraph 2 – point b a (new)

Or. en

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 a (new)

Or. en

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – point 2

Or. en

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 – point d

Or. en

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 – point g

Or. en

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point – a (new)

Directive 2009/38/EC

Article 5 – paragraph 1

Or. en

Amendment 22

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point -a a (new)

Directive 2009/38/EC

Article 5 – paragraph 2 – introductory part

Or. en

Amendment 23

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a a (new)

Directive 2009/38/EC

Article 5 – paragraph 4 – subparagraph 3

Or. en

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b – indent 1

Directive 2009/38/EC

Article 5 – paragraph 6 – subparagraph 1

Or. en

Amendment 25

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a – indent 1

Or. en

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a – indent 1

Directive 2009/38/EC

Article 6 – paragraph 2 – point b

Or. en

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 5

Or. en

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2009/38/EC

Article 7 – paragraph 1 – indent 3

Or. en

Amendment 29

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point b (new)

Directive 2009/38/EC

Article 7 – paragraph 1 – indent 3 a (new)

Or. en

Amendment 30

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 1

Or. en

Amendment 31

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 2

Or. en

Amendment 32

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 3 a (new)

Or. en

Amendment 33

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2009/38/EC

Article 8a – paragraph 1 – subparagraph 2

Or. en

Amendment 34

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 9 – paragraph 2

Or. en

Amendment 35

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 9 – paragraph 3 a (new)

Or. en

Amendment 36

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 9 – paragraph 3 b (new)

Or. en

Amendment 37

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 9 – paragraph 3 c (new)

Or. en

Amendment 38

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 1

Or. en

Amendment 39

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 2

Or. en

Amendment 40

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 3 – subparagraph 1

Or. en

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 3 – subparagraph 2 a (new)

Or. en

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 3 – subparagraph 2 b (new)

Or. en

Amendment 43

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 3 – subparagraph 2 c (new)

Or. en

Amendment 44

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2009/38/EC

Article 10 – paragraph 4 – subparagraph 2

Or. en

Amendment 45

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 – introductory part

Or. en

Amendment 46

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 – point a

Or. en

Amendment 47

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 a (new) – introductory part

Or. en

Amendment 48

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 a – point i (new)

Or. en

Amendment 49

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 a – point ii (new)

Or. en

Amendment 50

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 1 a – point iii (new)

Or. en

Amendment 51

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 2

Or. en

Amendment 52

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2009/38/EC

Article 11 – paragraph 2 – subparagraph 3

Or. en

Amendment 53

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b – indent 1 a new

Directive 2009/38/EC

Article 11 – paragraph 3 – subparagraph 1 a (new)

Or. en

Amendment 54

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2009/38/EC

Article 14a – paragraph 1

Or. en

Amendment 55

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2009/38/EC

Article 14a – paragraph 3

Or. en

Amendment 56

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive 2009/38/EC

Article 15 – paragraph 1 a (new)

Or. en

Amendment 57

Proposal for a directive

Article 1 – paragraph 1 – point 12 b (new)

Directive 2009/38/EC

Article 16 – paragraph 2 a (new)

Or. en

Amendment 58

Proposal for a directive

Annex I – paragraph 1 – point 3

Directive 2009/38/EC

Annex I – point 3 – subparagraph 1

Or. en

Amendment 59

Proposal for a directive

Annex I – paragraph 1 – point 3

Directive 2009/38/EC

Annex I – point 3 – subparagraph 2

Or. en

EXPLANATORY STATEMENT

The green and digital transitions create opportunities and challenges for labour markets, employers and employees. To find sustainable solutions to labour market changes, employees, employers and citizens should be encouraged to participate in the democratic systems and decision-making processes.

European Works Councils are undoubtedly a success story and an important pillar of the European social model. Nearly three decades have passed since the adoption and transposition of Directive 94/45/EC and over a decade has passed since the adoption of Directive 2009/38/EC.

There is no longer any justification to exempt agreements signed prior to Directive 94/45/EC, or to retain that otherwise obsolete Directive for agreements signed or amended during the transposition period of Directive 2009/38/EC. Therefore, agreements exempted under Article 14 of Directive 2009/38/EC should be brought into the scope of that Directive.

Certain decisions having a potential significant direct or consequential effect on the interests of employees must be the subject of information and consultation of the employees’ appointed representatives as soon as possible. Although Directives 94/45/EC and 2009/38/EC established transnational collective labour rights on information and consultation, those rights are in practice often not respected and have proven very difficult to enforce. In many cases, employers have implemented measures with transnational issues without informing and consulting the European Works Council and European Works Councils are frequently informed and consulted only after measures with transnational issues have been implemented. Therefore, provisions enabling the effective enforcement should be established.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the draft report:

The list above is drawn up under the exclusive responsibility of the rapporteur.