Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-06-30-Speech-1-087"

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"en.20030630.10.1-087"2
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"Mr President, I produced the opinion for the Committee on Employment and Social Affairs at first reading and I would like to raise two specific points that still arise from that opinion. The first concerns paragraph 2 of Article 27 in the classical directive and the equivalent text in the utilities directive. It is important that we leave out the phrase 'collective agreements declared or deemed to be generally binding'. That phrase would create difficulties and legal uncertainty, most particularly in Germany and the Scandinavian Member States. I have worked very closely with the European Trade Union Confederation and with the public service unions both at first reading and second reading and I have received – and a number of Members here will have received – a large number of representations from concerned individuals in those countries. I hope, via split votes, that we can leave that text out of the finished text at second reading. My second concern applies to Article 53 in the classical directive. Several amendments will probably be on offer to align this text with that of Article 55(1), in the utilities directive, as it now stands following the adoption of an amendment by Mr Karlsson in the Committee on Legal Affairs and the Internal Market. I disagree with what Commissioner Bolkestein said earlier on this point. If we align the classical directive with the text of Article 55(1) of the utilities directive, we would be bringing them into line with the emerging jurisprudence of the European Court of Justice. Not to do so would be a retrograde step. The Commissioner and his services have consistently given far too negative an interpretation of ECJ jurisprudence on this point and that is why we have such clear difficulties emerging in our debate here over applying environmental and social considerations. I hope that these considerations can be taken into account tomorrow."@en1
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