Update EU legislative Update EU legislative affairs affairs Pearle conference Stockholm – 11-12 December 2009Agenda point 16

AreasAreasEmploymentHealth and safetyThird-country nationalsVATConsumersRadio spectrum

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QuestionsQuestionsWhat is it about?What’s the legislative process?

Where does it stand?What are the issues at stake?Next steps?Which actions to take?

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS1. PREGNANT WORKERS DIRECTIVE Impact assessment – EC proposal for revision in

framework of work-life balance package- Extension minimum length maternity leave from 14 to 18

weeks- Compulsory 6 weeks leave- Full pay during 18 weeks- More rights (to come back/ to adapt working patterns / to

return to same job, flexible working hours) Legal basis = equal treatment (originally: H & S at

work) December 1Report with amendments ws presented at

the Womens Committee meeting. Major point of discussion is payment.

ECJ ruling on rights for dismissed pregnant workers October 29 – pregnant workers must be protected from the consequences of dismissal which would be unlawful

=> Main point of discussion: renumeration

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS2. REVISION OF THE PARENTAL LEAVE DIRECTIVE Cross-industry social partner agreement Proposal from Commission following consultation (work

family life balance) Start negotiations: September 2008 – 18 June 2009 -

agreement transferred to the Commission Employment Council of 30 November and 1 December 2009

reached Political Agreement on the draft Directive to be applied by early 2012:- 4 months parental leave for each parent;- 1month of leave cannot be transferred;- Fixed term part time and temporary workers are also

covered;- Qualification period might be required;- Right to request flexible working arrangements.

ECJ Decision effective from November 17 2009 – workers dismissed during part-time parental leave receive compensation relating to the notice pay based on full-time salary.

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS3. PROPOSAL FOR A NON-DISCRIMINATION COUNCIL

DIRECTIVE BEYOND THE WORKPLACE Discrimination on grounds of age, disability, sexual

orientation and religion or belief beyond the workplace Equal treatment of i.e. Access to and supply of goods &

services available to the public QUID CULTURAL SERVICES? Different treatment allowed

under certain conditions, such as tickets for elderly people, young persons, …

4. Employment Equality Rules Transposition problems:

Reasoned opinion to the UK on November 20 2009, to Germany and Italy on October 29, 2009

Infringement cases closed for Slovakia, Malta and Estonia,

Austria and Finland – have recently adopted new laws which in Commission’s opinion the Directive is transposed correctly.

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS5. DISCRIMINATION AT THE WORKPLACE

AND RETIREMENT AGE : ECJ JUDGMENTAge of retirement : competence of MSEU competence : equal treatment

(Employment Equality directive) ECJ opinion UK-Age Concern:

- an age limit for retirement is justifiable- the law does not need to list cases where

differences of treatment on the ground of age is allowed (discrimination), when correct procedure has been followed

- The Hight Court should assess if the retirement age of 65 is proportionate in achieving the relevant social policy aims which are appropriate and necessary.

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS6. COORDINATION OF SOCIAL SECURITY SYSTEMS- The new Regulation 883/2004 entered into force on July 27, 2009. - The new rules of the implementing Regulation 987/2009/ & regulation

988/2009 (am 883/2004) will be applicable from May 1, 2010The new legislation does not change main principle, but simplifies the

rules. In the period 2010-2012 the following will become effective:

- EESSI electronic system will be implemented;- Paper E 101 form will disappear;- The 3rd category rule;- active assistance to citizens from the Member States;- Article 3(1) requires the Member States to inform citizens about changes in their rights introduced by the new Regulation;- Legal means for enhanced cooperation.

Important to note that social security becomes, under the new treaty, subject to qualified majority vote in Council!

Role of administrative committee and of advisory committee on social security for migrant workers

Upcoming consultation on new forms of mobility

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRS7.POSTING OF WORKERS (directive

96/71/EC): implementation regulation See also ECJ rulings on Viking and Laval cases

Possible revision in 2010: indications◦EC launched tender for 2 studies:

One on economic aspects of PWD One on legal aspects of PWD

◦Hearing Barroso: socialist party IF SO, scope of revision:

◦Focus on art 4-5-6: administrative modalities

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EMPLOYMENT & SOCIAL EMPLOYMENT & SOCIAL AFFAIRSAFFAIRSHEALTH & SAFETY: what’s up?- Musculoskeletal disorders :

- already Dir. on manual handling and Dir. on digital display- New directive focusing on ergonomics- Proposal expected mid 2010

- Revision of the directive on Electromagnetic fields : - already 1st stage consultation – 2nd stage consultation

expected

- Health and safety framework directive- Recommendation expected in 2010 to derogate micro-

entreprises (<9 persons) to conduct risk assessment

=> cutting red tape exercise

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THIRD COUNTRY NATIONALSTHIRD COUNTRY NATIONALSRegulation establishing a Community code on visas:

applicable from 5 April 2010: procedures & conditions for short-term visas (3 – 6 months)

Schengen area:◦Application for Schengen visa with consulate

of main country of destination◦Administrative fee €60, some cases €35◦Development of Visa Information System

Future : Common visa officesVisa waiver programme with third countries

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THIRD COUNTRY NATIONALSTHIRD COUNTRY NATIONALSSINGLE APPLICATION PROCEDURE FOR A

SINGLE PERMIT FOR THIRD-COUNTRY NATIONALS◦ Still no political agreement in Council◦ Goal : quicker and more simplified procedure

for 3rd country workers and their employers◦ EC analysis explaining advantages of proposals◦ Slow process in Council to move towards

agreement on all provisions => requires unanimity vote

Possible action: to contact MS underlining the need for such directive

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VAT: place of supply of VAT: place of supply of servicesservices12 February 2008 – Council adopted Directive on the

place of supply of services 2008/8/EC which will be in force as from 1 January 2010:

- Business-to-business services will be taxed where the customer is situated;

- Specific rules will apply to reflect the principle of taxation at the place of consumption;

- Exceptions for restaurant and catering services, hiring means of transport, cultural, sporting, scientific, educational and entertainment services as well as telecommunication, broadcasting and electronic services supplied to consumers;

- Some of the exceptions will be implemented only from the 1st of January 2011; 1st of January 2013 and 1st of January 2015.

=> See also electronic invoicing system: cutting red tape exercise

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CONSUMERSCONSUMERSConsumers directive: 4 directives

merged into one, of which directive on distance contracts.

Co-decision◦EP: lead committee IMCO, opinion JURI.

Studies, hearings, debates…◦Competitiveness council : working group‘right on withdrawal after a service has

been enjoyed in full or in part’ –but consumer to be informed in advance

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RADIO SPECTRUMRADIO SPECTRUMExploitation of the digital dividend,

after move from analogue to digital tv. Target for digital TV is 1 January 2012Problem for users of wireless

microphones800 MhZ band=> Lobby against=> but: theaters to start preparing for

purchasing new equipment

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