Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 2 b (new), Article 3 – paragraph 2 – point c a (new): (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.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 3 – point -a (new), Article 5 – paragraph 1: (-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 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.’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 3 – point a, Article 5 – paragraph 2 – point b: “(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;”;

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 3 – point a a (new), Article 5 – paragraph 4 – subparagraph 3: (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 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.’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 3 – point b – indent 1, Article 5 – paragraph 6 – subparagraph 1: “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.”;

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 4 – point a – indent 2, Article 6 – paragraph 2 – point f – subparagraph 2: deleted / (deleted)

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 4 – point b, Article 6 – paragraph 2 a (new): “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. ”;

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 4 a (new), Article 7 – paragraph 1 – introductory part: (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 with immediate effect:’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 5 a (new), Article 7 – paragraph 1 – indent 2 a (new): (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,’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 5 b (new), Article 7 – paragraph 1 – indent 3: (5b) in Article 7(1), the third indent is replaced by the following: / ‘— 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).’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 5 c (new), Article 7 – paragraph 1 – indent 3 a (new): (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.’

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 1: 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.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 2: 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.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3: 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.”;

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3 a (new): 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.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 8a – paragraph 1 – subparagraph 2: Member States shall make such dispensation subject to prior administrative or judicial authorisation.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 2: 2. Information on transnational matters shall be given at such time, in such fashion and with such content as are necessary and sufficient to enable the European Works Council to consult relevant employees’ representatives at national and local level, to undertake an in-depth assessment of their possible impact, and, where appropriate, prepare for meaningful consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 3 a (new): 3a. In duly justified and exceptional cases, where the adoption of a decision requires urgency, management and employees’ representatives shall carry out an effective information and consultation process in accordance with paragraphs 2 and 3 as quickly as possible. When appropriate and agreed upon, digital means of communication and coordination can be used for that purpose.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 3 b (new): 3b. If there is a dispute between the central management and the European Works Council or employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, including the reasons that justify the absence of transnational issues.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 3 c (new): 3c. In so far as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from experts of its choice. Such experts may include representatives of competent recognised Community-level trade union organisations. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 1: 1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body, the members of the European Works Council and the employees’ representatives shall have the means and legal capacity 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.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2: 2. Without prejudice to Articles 8 and 8a, the members of the European Works Council shall have the right and necessary means 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, and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after the meetings with the central management.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 1: Members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, including the right to form and join trade unions, enjoy protection and guarantees equivalent to those provided for employees’ representatives by the national legislation and/or practice in force in their country of employment.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 a (new): A member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 b (new): Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 c (new): Where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 4 – subparagraph 1: In so far as this is necessary for and linked to the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 4 – subparagraph 2: Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, or any other appropriate level of management, provided that the central management or any other appropriate level of management, has been informed in advance.

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 9 – point a, Article 11 – paragraph 2 – subparagraph 1 – point a: (a) adequate administrative and judicial procedures are available and easily accessible to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, to apply for and terminate including the possibility to request a preliminary injunction for 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. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;

RemovedDirective 2009/38/EC

RemovedArticle 1 – paragraph 1 – point 9 – point a, Article 11 – paragraph 2 – point b – subparagraph 1 a (new) – introductory part: The penalties referred to in point (b) shall include:

RemovedDirective 2009/38/EC