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amendment list 2025-10-03

Amendment 001-078 - Dennis Radtke - Report A10-0029/2024 - Establishment and functioning of European Works Councils - effective enforcement

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1.10.2025 A10-0029/ 001-078

AMENDMENTS 001-078

by the Committee on Employment and Social Affairs

Report

Dennis Radtke A10-0029/2024

Establishment and functioning of European Works Councils - effective enforcement

Proposal for a directive (COM(2024)0014 – C9-0012/2024 – 2024/0006(COD))

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Amendment 1

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but the consequences of those measures can reasonably be expected to affect workers in at least one other Member State. This is necessary to cover cases where undertakings envisage measures, such as lay-offs and redundancies, which do explicitly target establishments in only one Member State but nevertheless can reasonably be expected to have consequences affecting employees in another Member State, for instance due to changes in the cross-border supply chain or production activities, where such measures could lead to substantial changes in work organisation or in contractual relations.	(5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but the consequences of those measures can reasonably be expected to affect workers in at least one other Member State. Cases in which measures considered by management of the Community-scale undertaking or Community-scale group of undertakings are taken in a Member State other than that in which those effects are produced should also be covered. This is necessary to cover cases where undertakings envisage measures, such as lay-offs and redundancies, which do explicitly target establishments in only one Member State but nevertheless can reasonably be expected to have consequences affecting employees in another Member State, for instance due to changes in the cross-border supply chain or production activities, where such measures could lead to substantial changes in work organisation or in contractual relations.

Amendment 2

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt about their freedom to agree that some or all of the meetings be held in a virtual environment, using online meeting tools, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs.	(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt that the regular annual meetings of the European Works Council and the select committee should take place in person, whereas additional meetings may be held in a virtual environment, using online meeting tools if so agreed, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs.

Amendment 3

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) There can be uncertainty and disputes with respect to the coverage of certain expenses and access to certain resources also during the operation of European Works Councils. In accordance with the principle of autonomy of the parties, it is appropriate to require that certain types of financial and material resources be determined specifically in the European Works Council agreements, namely the possible use of experts – such as technical subject-matter experts or legal experts – and the coverage of experts’ fees, and the coverage of legal costs, including the costs of legal representation and of participation in administrative or judicial proceedings. The agreements should also address the provision of relevant training to the members of the European Works Council, and the coverage of related expenses, without prejudice to the minimum requirement in Article 10(4) of Directive 2009/38/EC.	(9) There can be uncertainty and disputes with respect to the coverage of certain expenses and access to certain resources also during the operation of European Works Councils. In accordance with the principle of autonomy of the parties, it is appropriate to require that certain types of financial and material resources be determined specifically in the European Works Council agreements, namely the possible use of experts – such as representatives of a recognised Community-level trade-union, technical subject-matter experts or legal experts – and the coverage of experts’ fees, and the coverage of legal costs, including the costs of legal representation and of participation in administrative or judicial proceedings. The agreements should also address the provision of relevant training to the members of the European Works Council, and the coverage of related expenses, without prejudice to the minimum requirement in Article 10(4) of Directive 2009/38/EC. Reasonable costs concern expenses that are related to the proper functioning and operation of the special negotiating body or the European Works Council, including the costs of experts, legal representation, participation in administrative and judicial proceedings and training. Member States may lay down budgetary rules regarding the operation of a European Works Council.

Amendment 4

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case-law of the Court of Justice of the European Union, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase.	(10) European Works Councils should promote a balanced, inclusive and diverse representation of employees. The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case-law of the Court of Justice of the European Union, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase.

Amendment 5

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) When sharing sensitive information with members of European Works Councils, members of special negotiating bodies, or employees’ representatives in the framework of an information and consultation procedure, management has the possibility to provide that such information is shared in confidence and should not be disclosed further. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting business and workers’ interests, including to avert growing risks such as industrial espionage.	(12) When sharing sensitive information with members of European Works Councils, members of special negotiating bodies, or employees’ representatives in the framework of an information and consultation procedure, management has the possibility to provide that such information is shared in confidence and should not be disclosed further. This should not apply to situations in which members of the European Works Council decide to reveal information to national or local work councils that may affect the situation of workers. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification based on objective criteria. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting business and workers’ interests, including to avert growing risks such as industrial espionage.

Amendment 6

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation need to be conducted in a way that enables worker’s representatives to express their opinion prior to the adoption of the decision and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter adopts its decision on the proposed measure at issue. An explicit requirement to that effect should be laid down in Directive 2009/38/EC to ensure legal certainty.	(15) Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation need to be conducted in a meaningful and timely way that enables worker’s representatives to express their opinion prior to the adoption of the decision, which could include business plans, social plans, and process innovations where they may impact on redundancies, and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter or other competent organ of the Community undertaking or Community-scale group of undertakings adopts its decision on the proposed measure at issue. An explicit requirement to that effect should be laid down in Directive 2009/38/EC to ensure legal certainty. In that context, it is important to ensure that Community undertakings or Community-scale groups of undertakings can take decisions effectively and do not result in undue delays in decisions taken by Community undertakings or Community-scale groups of undertakings.

Amendment 7

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) In the case of a disagreement about whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the negative effects that such disagreements may have on members of European Works Councils and employee representatives. Therefore, if there is a dispute with regard to whether an information and consultation procedure should be undertaken, the central management should provide duly substantiated grounds in writing specifying the reasons why the provisions in this Directive relating to information and consultation are not applicable.

Amendment 8

Proposal for a directive

Recital 15 b (new)

Text proposed by the Commission	Amendment
	(15b) In the context of an information and consultation procedure, the European Works Council or the select committee should be able to request assistance and advice from experts of its choice, such as representatives of competent recognised Community-level trade union organisations. Such experts should be allowed to attend meetings of the European Works Council and meetings with the central management in an advisory capacity. Moreover, Member States can lay down budgetary rules for the operation of a European Works Council.

Amendment 9

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation to ensure effective remedies and access to justice and the supervision by the Commission of their compliance with that obligation. For that purpose, Member States should be required to notify the Commission of how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings.	(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation to ensure effective remedies and access to justice and the supervision by the Commission of their compliance with that obligation. For that purpose, Member States should be required to notify the Commission of how and under which circumstances the rightsholders, including members of the special negotiation body and members of a European Works Council, can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive, including the right to form and join trade unions. In addition, Member States should develop mechanisms to encourage mediation and, where appropriate, provide for alternative dispute mechanisms. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings. However, members of special negotiations bodies and members of European Works Councils should enjoy the same protection and guarantees equivalent to those provided to employees’ representatives by national law or practice applicable in their country of employment.

Amendment 10

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non-compliance with transnational information and consultation requirements are often not sufficiently dissuasive. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions. Pecuniary sanctions should be provided for in case of failure to comply with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of sanctions could also be provided for. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate.	(18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non-compliance with transnational information and consultation requirements regretfully are often not sufficiently dissuasive, effective or proportionate. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions. Financial penalties should be provided for in case of failure to comply with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of sanctions should also be provided for, including administrative and judicial procedures. In line with national law and practice, Member States should provide for a possibility to request a preliminary injunction in national courts or other competent authorities for a temporary suspension of the implementation of management decisions until an information and consultation procedure has taken place at the relevant level of management and representation and in such a way as to enable a reasoned response from the central management in accordance with this Directive. Financial sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate and should be based on the administrative fines referred to in Article 83(4) and (5), of Regulation (EU) 2016/679.

Amendment 11

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is to say prior to the date of application of Council Directive 94/45/EC1a, are exempted from the application of the obligations arising from Directive 2009/38/EC. The employee information and consultation bodies established under such agreements have been concluded and continue to operate outside the scope of Union law. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council. Almost 30 years after a legislative framework setting minimum requirements for the transnational information and consultation of employees was first established at Union level, those reasons prevail over the considerations of continuity for pre-existing agreements which initially motivated the exemption. That exemption should therefore be deleted.	(19) Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is to say prior to the date of application of Council Directive 94/45/EC1a, are exempted from the application of the obligations arising from Directive 2009/38/EC. The employee information and consultation bodies established under such agreements have been concluded and continue to operate outside the scope of Union law and their legal status should be ensured by civil or collective labour law, depending on the different legal system of each Member State. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council. Almost 30 years after a legislative framework setting minimum requirements for the transnational information and consultation of employees was first established at Union level, those reasons prevail over the considerations of continuity for pre-existing agreements which initially motivated the exemption. That exemption should therefore be deleted.
___________________________	____________________________
1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 254, 30.9.1994, p. 64, ELI: http://data.europa.eu/eli/dir/1994/45/oj).	1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 254, 30.9.1994, p. 64, ELI: http://data.europa.eu/eli/dir/1994/45/oj).

Amendment 12

Proposal for a directive

Recital 19 a (new)

Text proposed by the Commission	Amendment
	(19a) It is essential that all European Works Council agreements are governed by the same rights and obligations in order to ensure equal treatment of workers, access to the application of high Union standards, and legal certainty. With a view to creating a regulatory level-playing field governing the functioning of European Works Councils, the rights and obligations arising from Directive 2009/38/EC should be applicable to all European Works Council agreements and agreements on an information and consultation procedure concluded in accordance with Articles 5 and 6 of Directive 94/45/EC or with Articles 5 and 6 of this Directive.

Amendment 13

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) Moreover, for the same considerations, the same minimum requirements should apply to all Community-scale undertakings with European Works Councils operating under Directive 2009/38/EC and those in which a European Works Council agreement was signed or revised between 5 June 2009 and 5 June 2011. Therefore, the exemption of the latter undertakings from the application of Directive 2009/38/EC should also be deleted.	deleted

Amendment 14

Proposal for a directive

Recital 21

Text proposed by the Commission	Amendment
(21) European Works Councils operating based on the subsidiary requirements set out in Annex 1 to Directive 2009/38/EC have the right to meet with central management once a year, to be informed and consulted on the progress of the business of the relevant Community-scale undertaking or Community-scale group of undertakings and its prospects. In order to strengthen the transnational information and consultation of those European Works Councils, it is appropriate to increase the number of such annual plenary meetings in the subsidiary requirements to two.	(21) European Works Councils operating based on the subsidiary requirements set out in Annex 1 to Directive 2009/38/EC have the right to meet with central management once a year, to be informed and consulted on the progress of the business of the relevant Community-scale undertaking or Community-scale group of undertakings and its prospects. In order to strengthen the transnational information and consultation of those European Works Councils, it is appropriate to increase the number of such annual plenary meetings in the subsidiary requirements to at least two. When appropriate and agreed upon and while ensuring meaningful information and consultation, digital means of communication and coordination can be used in exceptional cases without replacing ordinary meetings.

Amendment 15

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) In some cases, existing European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised requirements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate adaptations before the date of application of the transposition measures.	(24) Existing European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised required contents of those agreements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate addenda, without, however, requiring a complete re-negotiation of the agreement. In order not to allow for any interruption of the information and consultation of employees, the existing European Works Council agreement or agreement on information and consultation procedure is to remain in force during the negotiation of such addenda.

Amendment 16

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission	Amendment
	(24a) If the central management initiates negotiations to supplement an existing European Works Council agreement or agreement on information and consultation procedures in accordance with the requirements of this Directive, there is no obligation to renegotiate the entire existing agreement. The amended requirements should be negotiated as an addendum within 2 years of the date of transposition of this Directive. Provision should be made for the subsidiary requirements specifically relating to the amended requirements to apply in the absence of an agreement on the addendum within that time limit.

Amendment 17

Proposal for a directive

Recital 24 b (new)

Text proposed by the Commission	Amendment
	(24b) It is necessary to ensure that the special negotiation body has the opportunity to meet regularly with the central management in order to be able to conduct meaningful negotiations. Where the conditions laid down in Article 7(1) are met, it should be clarified that it is the responsibility of the central management to initiate the establishment of a European Works Council according to the subsidiary requirements.

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State;	(a) the measures considered by management in the Community-scale undertaking or Community-scale group of undertakings affect workers in undertakings or establishments in more than one Member State;

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be affected by the consequences of those measures.”;	(b) the measures considered by management in the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in at least one other Member State can reasonably be expected to be affected by the consequences of those measures.”; or

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

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

Text proposed by the Commission	Amendment
	(ba) the measures considered by central management of the Communityscale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered.

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/38/EC

Article 1 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This shall include matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.

Amendment 22

Proposal for a directive

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) in Article 2(1), points (f) and (g) are replaced by the following:	(2) in Article 2(1), points (d), (f) and (g) are replaced by the following:

Amendment 23

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 – point d

Present text	Amendment
(d) ‘employees’ representatives’ means the employees’ representatives provided for by national law and/or practice;	(d) ‘employees’ representatives’ means trade unions or the employees’ representatives provided for by national law or practice;

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 – point f

Text proposed by the Commission	Amendment
“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it;	“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it and is given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;

Amendment 25

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management;”	(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 prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into account within the Community-scale undertaking or Community-scale group of undertakings. Consultation is to take place in such a way as to enable employees’ representatives to obtain a reasoned written response in due time from the central management prior to the adoption of the decision provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence;

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2009/38/EC

Article 2 – paragraph 1 –subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	For the purposes of point (c) of the first subparagraph, employees of controlling and controlled undertakings within the meaning of Article 3(2), point (ca), shall also be taken into account in the definition of a Community-scale group of undertakings;

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2009/38/EC

Article 3 – paragraph 1

Present text	Amendment
	(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, financial participation or the rules which govern it.	‘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, financial participation, control over decisions or the rules which govern it.’

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 2 b (new)

Directive 2009/38/EC

Article 3 – paragraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(2b) in Article 3(2), the following point is added:
	(ca) operates directly or indirectly in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where such agreements ensure a common identity, a common business name or concept and the application of uniform business methods.

Amendment 29

Proposal for a directive

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

Directive 2009/38/EC

Article 5 – paragraph 1

Present text	Amendment
	(-a) paragraph 1 is replaced by the following:
1. 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 written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.	‘1. 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 in at least two undertakings or establishments in at least two different Member States.’

Amendment 30

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive 2009/38/EC

Article 5 – paragraph 2 – point b

Text proposed by the Commission	Amendment
“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together;”;	“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, whereby women and men each hold at least 40% of the posts of member of the special negotiating body, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together. If this objective is not reached, the reasons shall be explained in written by the special negotiating body;”;

Amendment 31

Proposal for a directive

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

Directive 2009/38/EC

Article 5 – paragraph 4 – subparagraph 3

Present text	Amendment
	(aa) in paragraph 4, the third subparagraph is replaced by the following:
For the purpose of the negotiations, the special negotiating body may request assistance from experts of its choice which can include representatives of competent recognised Community-level trade union organisations. 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.	‘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. 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 32

Proposal for a directive

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

Directive 2009/38/EC

Article 5 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;	“These expenses shall include reasonable costs of experts, including a representative of a recognised Community-level trade-union, for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to and approved by central management before they are incurred.”;

Amendment 33

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a – indent 2

Directive 2009/38/EC

Article 6 – paragraph 2 – point f – subparagraph 2

Text proposed by the Commission	Amendment
The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.].	deleted
__________________________
* [OP: insert OJ reference to this amending Directive.]”;

Amendment 34

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive 2009/38/EC

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;	“2a. The central management and the special negotiating body, when negotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members. ”;

Amendment 35

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2009/38/EC

Article 7 – paragraph 1 – introductory part

Present text	Amendment
	(4a) in Article 7(1), introductory part is replaced by the following:
1. In order to achieve the objective set out in Article 1(1), the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply:	‘1. In order to achieve the objective set out in Article 1(1), the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply with immediate effect:’

Amendment 36

Proposal for a directive

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

Directive 2009/38/EC

Article 7 – paragraph 1 – indent 2 a (new)

Text proposed by the Commission	Amendment
	(5a) in Article 7(1), the following indent is inserted after the second indent:
	“— where the special negotiating body is not convened on a regular basis,’

Amendment 37

Proposal for a directive

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

Directive 2009/38/EC

Article 7 – paragraph 1 – indent 3

Present text	Amendment
	(5b) in Article 7(1), the third indent is replaced by the following:
— where, after three years 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).	‘— where, after 24 months from the date of such a 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).’

Amendment 38

Proposal for a directive

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

Directive 2009/38/EC

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

Text proposed by the Commission	Amendment
	(5c) in Article 7(1), the following indent is added:
	‘— where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 24 months after the last day of validity of that agreement.’

Amendment 39

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall provide that members of special negotiating bodies, members of European Works Councils or employees’ representatives in the framework of an information and consultation procedure, and any experts who assist them, are not authorised to reveal information which has expressly been provided to them in confidence by central management. In addition, central management may set up adequate information transmission and storage arrangements to help safeguard the confidentiality of information provided in confidence.	1. Member States shall provide that members of special negotiating bodies, members of European Works Councils or employees’ representatives in the framework of an information and consultation procedure, and any experts who assist them, are not authorised to reveal information which has expressly been provided to them in confidence by central management within the conditions and limits laid down by Union and national law and subject to objective criteria. In addition, central management may set up adequate information transmission and storage arrangements to help safeguard the confidentiality of information provided in confidence.

Amendment 40

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 2

Text proposed by the Commission	Amendment
2. When central management provides information in confidence in accordance with paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the provision of information in confidence.	2. When central management provides information in confidence in accordance with paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the objective criteria justifying the provision of information in confidence and shall determine the duration of the confidentiality requirements.

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until, in agreement with central management, the justification provided is considered to have become obsolete.”;	3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until the justification provided is considered to have become obsolete.”;

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2009/38/EC

Article 8 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Paragraph 1 shall not apply to members of the European Works Council who reveal 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 confidentiality.

Amendment 43

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2009/38/EC

Article 8a – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
A Member State may make such dispensation subject to prior administrative or judicial authorisation.	Member States shall make such dispensation subject to prior administrative or judicial authorisation.

Amendment 44

Proposal for a directive