Services directive - progress over the summer
(September 2005) At its last meeting the EPSU Executive Committee considered the reports from the two main rapporteurs, Anne Van Lancker EMPL and Evelyne Gebhardt IMCO, and assessed the need for amendments in light of EPSU’s two main objectives (exclusion of SGI/SGEI and exclusion of labour law/collective bargaining). It was agreed that, while EPSU remains opposed to the directive, we need to support the work of both rapporteurs in improving the Commission’s text, especially as regards SGI/SGEIs. Following the discussion, EPSU wrote to all IMCO members with a limited number of proposals for amendments to Ms Gebhardt’s report (see attached). Some of these have been picked up by individual MEPS, but not by Ms Gebhardt.
Shortly after the Executive, EPSU(*) met with Commissioner McCreevy. The meeting confirmed that the Commission is waiting for the European Parliament to “put all the cards on the table” before making any judgment about what solutions are needed to address the main concerns. The Commissioner agreed that amending the proposal will be complex but he ruled out withdrawing it, as in his view it remains a key measure to promote the internal market in services. The EPSU SGI Working Group meeting on July 11 discussed developments regarding the directive. The Working Group concluded that mobilisation would be necessary in order to ensure a positive outcome in the 1st reading plenary vote expected on 24 October. In the IMCO meeting on 11 July, there was the first discussion of the 1000+ amendments that have been tabled to Ms Gebhardt’s report. On SGIs, there are many overlapping and confusing amendments, and, alarmingly, many MEPs support the inclusion of healthcare (including some PES members). There is less coherence among political groups on the issue of SGIs than on the other main issues (country of origin and labour law) and there are some divergences too between old and new Member States. In the debate on the 11th (which was attended also by some members of the EPSU SGI Working Group), there was considerable discussion of the problems relating to SGIs. Evelyne Gebhardt said that it would have been useful if the Commission had brought forward a directive on SGIs, and the Commission representative (Director General Schaub) was invited to comment on this. He said in reply that there were some pending Commission proposals that should clarify issues. Ms Gebhardt said in Committee that she is in favour of making rapid progress on the directive. However the timetable of the IMCO decision has already been stretched, with the debate moved from 13 September to 4-5 October. This leaves the possibility of a 24 October Plenary vote in the hands of the Political Groups, as the Committee debate will take place after the deadline for Plenary amendments.
The EMPL Committee discussed and voted on Anne Van Lancker’s Opinion on 11 and 12 July. Press statements from Anne Van Lancker, PES Vice-President Harlem Désir, and the ETUC warmly welcomed the results of the vote (32 in favour, 6 against and 9 abstentions).
We still have to examine the exact wording of the compromise amendments but the results are positive:
- exemption of SGI (+ postal services, private security services, temporary employment agencies’ services, all financial services, all transport services, and audiovisual services): to check against exact wording of the exemption
- exemption of labour law/collective bargaining
- rejection of the country of origin principle
- deletion of reference to the posted workers’ directive that restricts the right of MS to control and supervise the application of the directive
- deletion of article 23 (reimbursement of healthcare costs). To note, only the parts in the Opinion on worker protection/employment law and social security need to be taken on board by IMCO when they vote on Evelyne Gebhardt’s report. This means that while the results on SGI are positive, campaigning will be necessary to achieve a good result in IMCO and in the plenary (scheduled for 24 October).
Unfortunately, it would appear that the positive vote in EMPL has hardened EPP/liberal positions in the ECON Committee. They have indicated that they will withdraw all their constructive amendments - and especially on SGI/SGEIs - in order to “rebalance” the EMPL Committee Opinion. EPSU circulated a letter from the Committee’s rapporteur on the directive, Ms Sahra Wagenknecht MEP (GUE) explaining the situation, and we asked affiliates to approach national MEPs in the ECON Committee. It is very important that the EMPL Committee’s position is reinforced, not undermined, by other Committees in the run up to the plenary vote.
By the time of the Steering Committee we will have more information on planned activities by the ETUC and other federations (to date we have only heard that the EFBWW is intending to organise an action). Clearly EPSU affiliates have to put pressure in particular on national liberal and EPP MEPs. It is important to show that trade unions in both old and new Member States support the exclusion of SGI from the directive. We understand that the European Social Forum (ESF) is planning some kind of mobilisation on 15 October. Participation in any ESF demonstration would need to happen through the ETUC. It makes sense though to have a single, coordinated demonstration. If the vote in plenary is maintained for 24 October, national affiliates will need to organise activities before and around this date, e.g., press statements, press conferences, “pickets” at UK embassies. A small EPSU presence will also be needed in Strasbourg itself.
(*)Including representatives from EPSU affiliates in Ireland, Sweden, Germany and the UK.
About us