Table: Comparative demands ETUC/proposal Commission (2009)
| Subject | ETUC | Commission | |
| 1 | general | delete reference to “a procedure for information and consultation” | no |
| delete exemption for navy crews and ideological guidance undertakings | no | ||
| include the requirement to promote equality of men and women | yes : art. 6.2.b balanced representation with regard to activities, category and gender | ||
| organise public register for all agreements | No | ||
| 2 | definitions | reduction threshold of 1.000 to 500 and from 150 to 100 employees for creation of an EWC | no |
| add the definition of information of the SE directive 2001/86 | definition added, but not SE | ||
| change the definition of consultation in line with SE directive 2001/86 | new definition, but not SE | ||
| 3 | controlling undertaking | precise the definition, including joint ventures, franchising... | no |
| establishment of a EWC | management must provide all necessary information for the opening of negotiations in good time, regardless of the responsibility of other parts of the group | yes : art. 4.4 all management boards shall be responsible for obtaining and transmitting to the parties concerned the information required | |
| TUs must be entitled to request relevant information to ascertain whether or not a company is covered by the directive | no, but art. 4.4 management shall be responsible for transmiting to all parties concerned the information required | ||
| reduce the negotiation period to one year + max six months extension | No | ||
| 4 | establishment of a EWC | subsidiary requirements must apply if negotiations adjourned for 4 months | no |
| no grouping or indirect representation | no | ||
| add the right to have substitutes for the SNB and the EWC | no | ||
| introduce the right for the SNB to meet without management before and after the meetings, with experts | yes : art. 5.4 before and after any meeting the SNB shall be entitled to meet, without managment being present | ||
| no max. number of members of the SNB | yes : art. 5.2.b but : min. 50 employees | ||
| introduce the right for TUs to initiate negotiations | no, but art. 5.2.b the competent workers’ organisations shall be informed of the compostion of the SNB and the start of the negotiations | ||
| 5 | facilities | access to all sites must be facilitated | No |
| introduce the right for EWC members to inform all employees and the resources to communicate with them | yes : art. 10.2 the members of the EWC shall inform the local representatives or the workforce as a whole but : no resources to communicate | ||
| introduce the right to training, free time for this and costs covered by employer | yes : art. 10.4 in so far as this is necessary but : costs ? | ||
| the EWC must have the right to determine the content of the training | no | ||
| include training provisions in body of the directive | yes | ||
| 6 | content of the agreement | move experts and operating expenses from subsidiary requirements to article 6, content of the agreement | No |
| 7 | renegotiations | ensure that EWCs can take structural changes into account by enabling renegotiation or adaptation of the agreement | yes : art. 6.2.g and 13.3 the agreement shall determine the arrangements for amending it and the cases in wich it should be renegotiated, when the structure changes significantly management shall initiate negotiations |
| existing EWCs must have the opportunity to benefit from the improvements | no : art. 13.2 no general obligation to renegotiate existing agreements | ||
| introduce the obligation to open renegotiations upon request | yes : art. 13.3 but : only where the structure changes significantly | ||
| introduce transitional arrangements and abbreviated time frame for renegotiations | yes : art. 13.3 but : no abbreviated time frame | ||
| 8 | confidential information | limit the definition to personal data and company secrets | no |
| 9 | protection of employees | improve protection of representatives | no |
| give them the right to paid time off to pursue their duties | yes : art. 10.1 but not explicit they shall have the means required to apply their rights stemming from the directive | ||
| 10 | protection of rights | guarantee legal proceedings : the right to go to court, costs paid by employer | no |
| management decisions must be abandoned if they violate information and consultation rights | no | ||
| sanctions must be effective, proportionate and dissuasive | no | ||
| ensure rules for collective decision-making in content of the agreement and fall-back procedure | No | ||
| 11 | link with other provisions | information and consultation procedure must be in parallel and iteratively on local, national and transnational level | yes : art. 6.2.c, 12.2 and 12.3 the agreement shall determine linking European/ national level, if no such arrangements : processes start at the same time |
| parties concerned must be able to communicate | no | ||
| 12 | subsidiary requirements ordinary meetings | introduce the right to be apprised of reasons for a decision | yes : SR 1.a the EWC must obtain a response and the reasons for that response to any opinion they might express |
| at least two regular meetings per year | no | ||
| no max. number of members of a EWC | yes : max. was crossed out but : min. 50 employees | ||
| include data protection, gender mainstreaming, anti-discrimination, policies for the integration of differently abled people, environment, safety & security and investments | no | ||
| introduce the right to an internal follow-up meeting | no | ||
| ensure interpretation for all meetings of EWC and select committee | no | ||
| ensure translation of written information | no, but information must be transmitted in such fashion as is appropriate | ||
| costs for interpretation and translation to be borne by the employer | yes : SR 7 but : only interpretation and unless otherwise agreed | ||
| lay the burdon to prove that an issue involves only one country with management | no | ||
| include decisions made in another country | no, although still in preamble (12) | ||
| 13 | subsidiary requirements select committee | increase the maximum number of members of the select committee from 3 to 5 | yes : SR 1.d at most 5 members |
| select committee where the EWC has nine members or more | yes : SR 1.d provision “where its size so warrants” was crossed out | ||
| at least 4 meetings per year | no | ||
| provide the select committee with all the necessary facilities to meet and to communicate | yes : SR 1.d it must have the conditions enabling it to exercise its activities on a regular basis | ||
| 14 | subsidiary requirements exceptional circumstances | a more precise definition of exceptional circumstances | no |
| more explicit and practicable provisions for extraordinary meetings cfr. 2001/86 | no | ||
| add the right to a follow-up extraordinary meeting in case management does not act in accordance with the opinion | no | ||
| 15 | subsidiary requirements experts | remove the possibility to restrict to pay for more than one expert | no |
| experts must have the right to participate in all meetings and every part of the process | no | ||
| 16 | union recognition | TU representatives must be able to attend all meetings of the SNB | yes : art. 5.4 at the request of the SNB |
| TU representatives must have the right to participate in EWC meetings | no | ||
| no restriction for TU officials to become full members of an EWC | no |
Source: Bruno Demaitre @ ETUI (Education) 2009
According to Commissioner’s Vladimir Spidla announcement during the EWC Conference organised by ETUC on 9-10. June 2008, the EC would announce the draft proposal officially at the beginning of July 2008. Indeed, on the 02/07/2008 the EC officially announced a Proposal for Directive of European Parliament and Council (revised Directive 94/45/EC). Compared to the Commission's original proposals for changes included in the Communication about the revision (February 2008, opening of the 2nd stage of consultation with social partners) the proposed amendments are much weaker.