Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-02-07-Speech-4-222"
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"en.20020207.12.4-222"2
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"Mr President, Commissioner, the Commission report before us is not merely necessary. It will bring a great deal of work in its train in the Member States. The rapporteur has taken a great deal of trouble about the analysis, and for that I am very grateful to him.
The directive strikes me, though, as something of a patchwork rug. There are too many loopholes with national regulations crocheted in elsewhere, making individual interpretations possible and the whole thing impenetrable. What is most fundamentally at issue is the protection of workers, a cause which we have taken up.
Both the Commission and the Member States, therefore, have to be urged not merely to adopt the definition and interpretation of particular concepts, but to check precisely on potential deviations from specific legal provisions, in order not to cause any confusion which might, at the end of the day, result in the opposite of what was actually intended.
Most uncertainty in the Member States concerns the maximum permitted working time, although clear limitations are laid down in Article 6, Article 18, and in the final provisions.
The possibility of also using collective contracts or agreements between the social partners to transpose the directive should be seen in a fundamentally positive light. All that is needed is for this to actually happen, and when it does, it must be completely in the spirit of the directive, without a back door or the possibility of evading its provisions at a halfway stage.
It is also urgently necessary to reach a clearer definition of the concept of ‘standby duties’, and, above all in view of the judgment of the European Court of Justice, to implement it completely along those lines. The judgment in Luxembourg clearly brought out this directive's weaknesses, and it is regrettable that the Commission has to lag behind on this point.
The Koukiadis report will be a great help in the work in hand. I hope we will actually find the points listed by Parliament still in the directive when the time comes to transpose it."@en1
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