Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-05-04-Speech-1-134"
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"en.20090504.17.1-134"2
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"Ladies and gentlemen, the debate featured arguments that have been used many times before and for good reason. I think this is quite natural, as the debate has gone on for five years, and has affected us all, and I would like to thank everyone who played a serious part in it. However, the fact remains that we did not achieve a good result or a stable result, and we will probably have to respond to that. I would like to note how typical it was that the debate barely covered any topic beyond the opt-out and, perhaps to a rather limited extent, on-call time. It paid no attention to additional rest, for example, nor did it take account of changes within the framework of night work, among other things. Virtually all of the changes, which went far beyond the issues of on-call time and the opt-out, have, to a certain extent, fallen hostage to the two main issues. A directive was approved in 1993 which accepted the exception. This directive envisaged certain types of revision, but not a revision focused only on the opt-out so much as on the directive as a whole. In 2003, the European Court of Justice ruled that on-call time spent at the workplace counts as working hours. The ruling has its own logic and it is quite comprehensible to me. Since that point, the number of Member States using the opt-out has risen sharply. The reason for that is quite simple. In most Member States, working hours spent at the workplace were not treated as real work time, and as soon as they had to be counted as fixed working hours, the Member States began to opt out in order to comply with the directive.
Ladies and gentlemen, as I have already indicated, the situation is complex, and has its own inner dynamic. Virtually all of the possible routes forward have been explored during the five years of debates, which have been very far-reaching. I think that our debate has not yet ended, however, and that it is vital to keep seeking other solutions because the current situation is not satisfactory. There are several reasons why it is unsatisfactory and these reasons go beyond on-call time (which I myself regard as the most serious aspect) and beyond the opt-out, which is undoubtedly a substantial issue. The other reasons include night work, additional leave and a whole range of other issues, which can – and in my opinion gradually should – be explored to improve safety and the protection of health at work, since this particular directive deals with health and safety at work. The organisation of working time which is expressed through the directive includes this particular aspect and not only the universal aspect.
Ladies and gentlemen, the two lawmaking bodies have failed to reach agreement following a serious and lengthy debate lasting five years. We are where we are and therefore we have to look for another way forwards. The Commission, for its part, is ready and waiting."@en1
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