ETUC/CEEP Joint Press Release
Brussels, 23 November 2004
DEBATE AT THE COMPETITIVENESS COUNCIL ON THE PROPOSAL FOR A DIRECTIVE ON SERVICES IN THE INTERNAL MARKET
In view of the next Competitiveness meeting of the European Council, during which the revised proposal for a Directive “Services in the internal market” submitted by the Dutch Presidency will be discussed, John MONKS, Secretary General of the European Trade Union Confederation (ETUC) and Rainer PLASSMANN, Secretary General of the European Centre of Public enterprises and enterprises of general economic interest (CEEP), ask the Council to go beyond the logic of sectoral exemption that has prevailed until now in its works, and to discuss the key principles of that proposal for a Directive on services.
Fully supporting the aim to establish an internal market for services, but concerned about preserving the “acquis communautaire” regarding legislation on labour, consumer protection and services of general economic interest, John MONKS and Rainer PLASSMANN officially ask the Council to adopt a pragmatic and well-balanced approach that reconciles the achievement of the internal market in services with the respect for the rights of employees, consumers and European citizens, whilst taking into account the diversity of the services concerned and the specificity of services of general interest.
John MONKS and Rainer PLASSMANN ask the Council for:
1. an in-depth debate on the general application of the principle of country of origin to all services, and its impact, notably when, contrary to certain sectoral directives, the implementation of the principle of country of origin is not based on previous harmonisation. Moreover, that principle interferes with the Convention of Rome (I) and the draft regulation (‘Rome II’) as well as with the “acquis communautaire” in many fields concerning notably the rights of employees and consumers, and services of general interest. Disagreeing with that logic of primacy of the internal market over those other elements of Community law, John MONKS and Rainer PLASSMANN ask the Council to have a general impact assessment carried out on that legal revolution in the European Union;
2. To amend the terms of the proposal for a Directive that can interfere with the rights of the employees resulting from the full implementation of the existing directives and those in preparation notably about posting of workers, professional qualifications, temporary work and the social part of the rules ‘ Rome I and II ’. The Council’s proposals for clarification are insufficient and do not guarantee the preservation of the “acquis communautaire” in social matters that aims at an upward harmonization when the strategy of Lisbon is in debate;
3. To propose to adapt the way services of general interest are dealt with in appliance with its public service obligations that guarantee that their missions are properly carried out, the affordability, the quality and the sustainability of those services.
John MONKS and Rainer PLASSMANN share the concerns and questions expressed by numerous experts during the hearing of the Parliament which was held on November 11th, 2004. Those questions stress the fact that much attention must be given to the impact of this proposal for a directive prepared in the haste and without preliminary consultation.
The stakes in terms of job creation, social protection, health and more generally the preservation of the European social model are such that it is necessary to devote more time to preliminary evaluation and consultation in view of rebalancing the text.
For more information please contact:
Laurent GHEKIERE, CEEP Tel. :+32(0)2 229 21 43 www.ceep.org
Patricia GRILLO, ETUC Tel. : +32-(0)2-2240430 www.etuc.org
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