More than a year after the deadline for transposition of the recast directive 2009/38/EC statistics on EWCs from the ETUI database of EWCs show a steady, slow pace of establishment of EWCs. In 2011 only 17 new EWCs were reportedly created, compared to 23 cases in 2010 and 34 in 2009. In 2012 only 6 EWCs are reported to have been established.

The data need to be treated with caution, however, as the ETUI database often records developments in EWC figures with a delay. At the same time, both national (predominantly German) and sectoral trade union organisations report an increased number of ongoing negotiations after the entry into force of national transpositions of the EWC recast directive 2009/38/EC. It might thus soon lead to ‘a third wave’ of establishment of EWCs comparable to 1996 and 1999.