Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-10-23-Speech-2-045"
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"en.20011023.3.2-045"2
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". – Mr President, first I would like to apologise: in my introduction I did not mention Mrs Jensen, and I would really like to congratulate her on an excellent job. As far as Mrs Ghilardotti is concerned, we all know what a difficult job she had and she has. She had to strike a balance between completely different political, national, social and economic views, and I would like to congratulate her and to thank all the Members of Parliament who have participated in the debate and supported the Commission's proposal through this process.
To sum up, the Commission can accept in full or in spirit Amendments Nos 3 and 8; it can accept in part Amendments Nos 2, 6, 12, 13 and 14. It rejects Amendments Nos 1, 4, 5, 7, 9, 10, 11, 15, 16, 18 and 19.
I know that you fully appreciate the challenges ahead of us: we need to do everything possible to find an acceptable compromise between the co-legislators. I think that our big challenge is to strike the balance between what we think is desirable and what is achievable or possible.
This is an important proposal and, once adopted, it will add an indispensable element to workers' rights. Recent events, with mass lay-offs across Europe, have only underlined the urgent need for different kinds of instruments and this proposal – this directive – information and consultation is a very important instrument. Once adopted, the directive will ensure better anticipation of crises and will contribute to developing a positive attitude towards change by both management and workers.
Let me tell you that I fully understand all your requests. Most, if not all, of the issues they raise were the subject of intense debate within all the institutions. The text before us strikes a delicate balance between different points of view and divergent interests on the sensitive issues at stake. While I understand your desire to improve the text, it would be unwise, in my view, to depart now from that balance and jeopardise the actual adoption of the proposal. I refer in particular to Amendments Nos 1, 4, 5, 7, 9, 10, 11, 16, 18 and 19. Therefore, the Commission is not prepared to accept those amendments.
However, a number of the proposed amendments are acceptable, in full or in part, to the Commission, as they will improve the text. These are Amendments Nos 3, 6, 8, 13 and 14. The Commission will, therefore, actively support these amendments and will do its utmost to facilitate consensus on them between Parliament and the Council.
Allow me, before moving to the two most important issues – sanctions and transitional periods – to respond to Mrs Sandbæk, as far as the Danish model is concerned. I would like to underline the fact that the current text strikes a balance between the necessary protection of workers and the autonomy of the social partners, as contracting partners. They can freely conclude agreements which are not fully in line with the provisions of Article 4, but they have to take into account the principles which are established in Article 1 and in national law.
Now, we know that the most difficult and controversial issues are the two which I have already referred to: sanctions and transitional periods. With regard to the first of these issues, Amendment No 2 and especially Amendment No 12 propose reinforced sanctions, including judicial suspension procedures in cases of serious breach of information and consultation obligations.
This amendment, while reinforcing the common position, offers a compromise with the Commission's original proposal. It is, therefore, undeniable that Parliament is making a step in the direction of the Council, in a serious search for a final compromise.
I would like to thank you for your support of the Commission's stance on this very important element of the directive. Nevertheless, taking into account the sensitivity of the issue in the Council, the best basis for a final compromise on this issue would be to limit the request to the first sentence of the proposed amendment. Under these circumstances, the Commission can accept Amendment No 2 and the first paragraph of Amendment No 12. We can accept Amendment No 2 with a minor change.
Finally Amendment No 15 which seeks to delete Article 10 – on transitional periods – is equally a major issue. In the past, the Commission has always opposed this kind of provision which tends to grant different treatment to different Member States. This time, we can see some justification in it. Some Member States will clearly have to introduce major changes to their industrial relations systems. Therefore, the Commission is of the opinion that Article 10 of the common position constitutes a fair compromise and it cannot accept this amendment."@en1
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