Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-07-10-Speech-2-291"
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"en.20070710.53.2-291"2
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"Madam President, honourable Members, on 13 June 2007 the Commission adopted the final communication relating to the 2006 communication, in which it expressed its full support for the Member States’ objective of stamping out illegal practices in the labour market. The Commission acknowledges that national bodies must carry out appropriate checks in order to ensure that service providers comply with national working conditions.
Nevertheless, assessments of the progress made since 2006, which the Commission carried out on the basis of information from the Member States and the social partners at EU level, indicate that some measures implemented in some Member States are disproportionate and overstep the mark in terms of what is needed in order to guarantee effective protection for posted workers. As the June 2007 communication pointed out, it appears that this situation has arisen from ineffective cooperation between the relevant bodies in the Member States and from inadequate access to information.
In its communications, the Commission points out that as regards the free movement of services, which is enshrined in the EC Treaty, rules can be restricted only on grounds of overriding public interest, for example the protection of workers, and these reasons must be appropriate. We should assess on a case-by-case basis whether particular national measures can be viewed as justified and appropriate – for example the requirement to have a representative who is resident in the host country or the obligation to hold certain documents relating to social and labour conditions in the host territory for monitoring purposes.
The Commission is looking very carefully at the situation in every Member State so that it can determine which control measures might be deemed unjustified and inappropriate. Where necessary, the Commission will initiate proceedings on grounds of non-compliance with obligations, so that Community law can be enforced.
Let me stress that the Commission is also examining the possibility of whether measures adopted by individual Member States are adequate and effective. If not, they will proceed in the same way, because the objective is to protect workers effectively without hindering the internal market.
The Commission does not currently intend to publish any further guidelines. The final decision on compliance with national measures rests with the Court of Justice, which has already issued a number of rulings, and not with either the Commission or Parliament.
As regards cooperation on information, checks carried out by the Commission demonstrate that there has been an encouraging improvement. Yet further improvement is essential. The Commission is therefore proposing to enhance and strengthen administrative cooperation with the Member States, above all to bring together other interested parties – in particular the social partners – that play an important role in monitoring compliance with the rules.
Assessment of enforcement measures indicates that although the implementation of the directive has not led to many formal complaints or legal proceedings, there are some problems that require further consideration, such as the effectiveness of cross-border enforcement of sanctions or the protection of workers in the case of multiple subcontracting. The Commission would like to involve the social partners and the Member States in that work.
Lastly, I should like to stress that the June 2007 communication demonstrates that, as a matter of principle, the Commission does not in any way wish to undermine the various social models of the Member States nor the way in which Member States organise their systems of labour law relations and collective bargaining. It is of course the Commission’s job to guarantee that European Community law is strictly complied with, and in cases where inappropriate measures have been adopted, leading not to the protection of workers but rather to restrictions on the freedom to provide services in the internal market, the Commission has to take action, as enshrined in the Treaty."@en1
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