Status of the Recast European Works Council Directive 2009/38/EC revision process

Table: Chronology of selected stages of the European Works Council Directive's development

Date	Overview of the revision process of EWC directive	Document
2024	The EC proposal to revise the EWC Directive - a BusinessEurope position paper	Business Europe position paper
2023	BusinessEurope Consultation response (25 May 2023)	Business Europe Consultation Response
2022	12/05/2022 Denis Radtke, MEP, tables a 'DRAFT REPORT with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL)) Committee on Employment and Social Affairs' including a 'MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION with recommendations to the Commission on Revision of European Works Councils Directive (2019/2183(INL))'	Draft Report by D. Radtke, MEP
2021	29/11/2021 European Parliament adopts 'REPORT on democracy at work: a European framework for employees’ participation rights and the revision of the European Works Council Directive' prepared by Gabrielle Bischoff, MEP	REPORT on democracy at work: a European framework for employees’ participation rights and the revision of the European Works Council Directive
2018	14.05.2018 Report on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scaleundertakings and Community-scale groups of undertakings for the purposes ofinforming and consulting employees (Recast){COM(2018) 292 final}	2018 Commission's Staff Working Document Report on Implementation report EWCs Report to the EP summary EWC implementation
2017	30.03.2017 ETUC Position paper 'For a modern EWC Directive in the Digital Era' Trade union demands with regard to EWC recast directive and the missing implementation report	ETUC position 2017 For a modern EWC directive
2016	3.2016 Publication of the Implementation Study by ICF International (external consultancy) on the implementation of the EWC Recast Directive.	Implementation Study 2016 by ICV Implementation Study 2016 by ICF Annexes
2016	01.2016 Evaluation and fitness check (FC) (indicative) Roadmap: Evaluation on the implementation of Directive 2009/38/EC on the establishment of aEuropean Works Council or a procedure in Community-scale undertakings andCommunity-scale groups of undertakings for the purposes of informing and consultingemployees.	Evaluation on the implementation of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale underta...
2016	5.6.2016 Deadline for submission of an implementation report by the Commission
2011	5.6.2011: Transposition deadline for member states (missed by: CZ, DE, EE, IE, EL, FR, IT, CY, LT, HU, NL, PL, RO, SI, ICE, LIE, LU)
2009	16 May 2009: Official announcement of the new recast directive 2009/38/EC	Official Journal
2009	28 July 2009: Opinion of the European Economic and Social Committee on the ‘Proposal for a European Parliament and Council Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees’COM(2008) 419 final — 2008/0141 (COD)(2009/C 175/21)	Official Journal
2009	23 April 2009: the EU Council of Ministers approves the text of the recast Directive
2008 December	Dec 2008: European Parliament adopts the report by Philip Bushill-Matthews on the plenary set to vote on the text (C6-0258/2008).	Link to European Parliament's website with texts of documents adopted Press release by the European Parliament
2008 November	The Employment and Social Affairs Committee of the European Parliament adopts amendments to the report by rapporteur Philip Bushill-Matthews (EPP-ED, UK).	Press release EP of 18-11-2008
2008 October	PRESS RELEASE:of the European Parliament 2893rd Council meeting Employment, social policy, health and consumer affairs Luxembourg, 2 October 2008	PRES-08-271_EN
2008 October	Joint Advice by the Social Partners on the EWC "recast" directive concerning Art. 13 agreements.	Final_joint_letter_EWCs_02_10_08
2008 September	The Council's progress report on EWC recast, of 26-09-2008	Council Note on EWCs revision 26-09-2008
2008 September	The European Parliament: Adoption of a Draft Report on on the proposal for a directive of the European Parliament and of the Councilon the establishment of a European Works Council (recast) Committee on Employment and Social AffairsRapporteur: Philip Bushill-Matthews (Recast – Rule 80a of the Rules of Procedure)	Draft Opinion of the EP 23-09-2008
2008 September	Consultation document of the British Government concerning the revision of the EWC directive (Department for Business Enterprise & Regulatory Reform).	BERR British Government Consultation
2008 September	Revision of the EWC Directive as one of the points of the ETUC Memorandum for French Presidency of 01/09/2008	Memorandum
2008 August	JOINT ADVICE BY THE SOCIAL PARTNERS ON THE EUROPEAN WORKS COUNCIL “RECAST” DIRECTIVE. Proposals on the issues considered in the joint advice to European Parliament and Council of Ministers. Compromise between BusinessEurope and ETUC achieved in July/August 2008 on selected issues concerning the EWC revision/recast.	Joint Advice by Social Partners 29_08_2008
2008 July	The European Commission presents a "Citizens' summary" concerning the recast of the EWC directive.	EWC REvision Citzens' summary COM EMPL-2008-01538-00-00-EN-TRA-00
2008 July	European Commission officially announces (02/07/2008) Proposal for a European Parliament and Council Directive on EWCs (EWC directive revision)	. Proposal for revised directive
2008 June	European Commission announces results of impact assessment concerning revision of the EWC directive	. Impact assessment
2008 June	Letter of Business Europe Secretary General, Philippe de Buck, to EU Commissioners' Heads of Cabinets on EWCs (30.06.2008)	BE letter to Commission _COM_300608
2008 June	ETUC Memorandum to French Presidency in the EU, 2008	ETUC Memorandum (for EWCs see page 6) ETUC Memorandum to French Presidency 2008
2008 June	ETUC Conference: 'On the offensive for stronger EWCs', 9-10. June 2008 More than 300 participants: EWC members, EWC experts, policy makers, trade unions, representatives of EU institutions (Commission, MEP, EESC)	ETUC Deputy Secretary's, Reiner Hoffmann's speech (DE) V. Spidla speech 10.06.2008 ETUC Conference on EWCs programme
2008 April	ETUC's press release on inclusion of the revision of the EWC directive into social package	Press release
2008 April	European Federation of Food, Turism and Agriculture Trade Unions (EFFAT) statement on the ETUC's response to the Commission's Communication opening the 2nd stage of consultation on the revision	EFFAT's statement EFFAT Statement - 2nd stage EWC Revision (EN)EFFAT (DE)EFFAT Statement - 2nd stage EWC Revision (FR)EFFAT Statement - 2nd stage EWC Revision (Swedish)
2008 April	ÖGB (Austrian Trade Unions Confederation) press release about the revision	ÖGB press release
2008 April	ETUC's response of 11.04.2008 to the opening of the 2nd stage of consultation on the revision of EWC directive	ETUC's press release ETUC response ETUC response - opinion on the content of revision (DE)ETUC response ETUC response - opinion on the content of revision (FR)ETUC to Spidla 11_04_08
2008 April	ETUC's press release of 03.04.2008 regarding opening of the 2nd stage of consultation with social partners	ETUC's press release
2008 April	Business Europe replies to the Commission's Communication on the opening of the 2nd stage of consultations	Response BusinessEurope
2008 March	Position paper by two members of the German Parliament (Bundestag), Dr. M. Schwanholz (SPD) and J. Juratovic (SPD), on the revision of the EWC directive	(German version only) Juratovic+Schwanholz_Revision der EBR-RL_27.3.08
2008 February	The European Commission appointed a British company GHK to carry out an impact assessment study in some 80 largest multinational companies with an EWC	Impact Assessment report / study {COM(2008) 419 final} {SEC(2008) 2167}
2008 February	EU Commission communication opening 2nd stage of consultations: "Consultation of the European social partners on the revision of Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees"	Commission communication Press release
2007 December	Resolution of the European Parliament on the Commission's Work Programme 2008	EP Resolution 12 December 2007
2007 December	ETUC Executive Committee Brussels , 5-6/12/2007	ETUC Executive Committe 06.12.2007
2007 October	Publication of 'A Preparatory Study for an Impact Assessment of theEuropean Works Councils Directive' Directorate-General Employment, Social Affairs and Equal OpportunitiesVT/2007/098	EWC impact assessment 2007
2007 October	Announcement of the Commission's Work Programme for 2008: COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Commission Legislative and Work Programme 2008	Communication EC work programme 2008 - for EWC directive revision see p. 25
2007 May	Revision of the EWC directive in the ETUC's Sevilla Manifesto adopted on the 11th ETUC Congress in Sevilla, Spain	Sevilla Manifesto (various language versions)
2007 May	European Parliament resolution of 10 May 2007 on strengthening European legislation in the field of information and consultation of workers (PE 389.460)	Strengthening Community legislation in the field of information and consultation of workers
2006 December	ETUC letter to the members of the European Parliament on the revision of the EWC directive of 14/12/2006	Letter to MEPs of 14/12/2006
2006 December	Letter of Kodak EWC to Commissioner Spidla regarding the revision of EWC directive	Letter Kodak EWC (DE version only)
2006 November	Technical revision of the EWC directive adjusting the number of members of Special Negotiating Bodies to the new situation after EU enlargement in 2007	Technical revision 2007 Technical revision 2006/109/EC
2006 November	Letter of the President of the German IG-Metal, Berthold Huber to members of EWCs concerning the revision of EWC Directive	Letter IG-Metall (DE version only)
2006 September	EESC adopts a Position on EWCs: SOC/220 “European Works Councils: a new role in promoting European integration”	English version Deutsche Version Version française Minutes from EESC session 06.09.2006 Minutes EESC plenary session 13.09.2006 Counter opinion Group 1 (Employers) SOC220 Transfer 03-2006 'Breathing new life into revision'
2006 July	Position Paper of the Deutscher Gewerkschaftsbund (DGB, German Trade Union Confederation) of 31/07/2006 on the revision of the EWC directive (DE version)	DGB position 31-07-2006 DGB Position short version
2006 March	European Parliament resolution on restructuring and employment (2005/2188(INI)) having regard to the Commission Communication of 31 March 2005, entitled 'Restructuring and employment: Anticipating and accompanying restructuring in order to develop employment: the role of the European Union' (COM(2005)0120) and the opinion of the European Economic and Social Committee of 14 December 2005 (CESE 1495/2005), Debate in the European Parliament on the revision of the Directive 94/45/EC, session in Strasbourg 14/03/2006	European Parliament resolution 2005/2188(INI)Debate in EP on EC COM 'Restructuring and employment' - ex…
2006 June	Siemens EWC urges the European Commission to revise the EWC directive	Letter Siemens EWC to EC
2005 March	(Claimed) opening of the second stage of the public consultation on EWCs by the European Commission (for proper opening of 2nd stage of consultation with social partners see above: February 2008)	Communication COM(2005) 120 “Restructuring and employment”
2005 February	European Commission adopts the Social Agenda 2005–2010; EWC directive revision as one of the targets (p. 6)	Social Agenda 2005 - 2010
2005 January	EWC directive revision as a part of the Trade Union Memorandum to the Luxembourg Presidency of the EU – press release (point 7)	Trade Union Memorandum to the Luxembourg Presidency of the EU – press release
2005 January	ETUC calls for the relaunch of the revision	ETUC press release
2004 October	Joint seminar of European Social Partners (UNICE, ETUC, CEEP) on the functioning of EWCs and its results	Case studies report Report "Lessons learned"
2004 July	EWC directive revision as a part of the ETUC’s memorandum to the Dutch Presidency of the EU of 16/07/2004 – press release	Trade Unions memorandum to the Dutch Presidency of the EU of 16/07/2004 – press release
2004 June	Position of the European Federation of Journalists concerning the revision of the EWC directive	EFJ position on EWC directive
2004 June	ETUC Conference ‘EWCs – in Europe and Beyond’ held in Barcelona to celebrate the 10th anniversary of the adoption of the EWC Directive	ETUC calls to step up pace of EWC directive revision – press release Report from conference
2004 June	UNICE response to European Commission’s communication UNICE’s answer – main points Strongly opposes the revision –social dialogue shall take place as previously; Social dialogue shall take place at company level The procedures for information and consultation are beginning to prove valuable; however, they are showing difficulties and the complexity of ensuring dialogue at transnational level Difficulties with finding a proper division of tasks between the EWC and other forms of social dialogue at the national level The EC focuses too much on the role of the EWC in restructuring situations The challenge of EU enlargement is more important than the challenge of a changed economic context. One needs to successfully implement existing practices in the 10 NMS before changing the EWC Directive Legislative intervention on the part of the EC will be counter-productive – the social partners should gradually develop the practice of EWCs Thus the only actions should comprise: Monitoring implementation of the EWC Directive in the NMS Exchanging information and learning from experience to facilitate better implementation of the Directive	UNICE letter to Commissioner Dimas UNICE answer
2004 May	Position of the German BDA, Association of Employers (Bundesvereinigung der Arbeitgeber)	BDA Position on opening 1stage consultations

2004 May	EU Enlargement by 10 new EU Member States and the resulting widening of the scope of the EWC Directive
2004 April	ETUC’s official response of 19.05.2004 to the European Commission’s opening of the first stage of consultation on the revision of the EWC Directive	ETUC press release 23/04/2004
2004 April	On 19.04.2004 the EU Commission, in line with Art. 138 of the European Community Treaty (ECT), begins the 1st stage of consultation with the European social partners on the possible revision of the Directive	EC Press release EC Press info First stage consultation
2004 February	EWC Directive Revision among the priorities of ETUC for 2004	ETUC Priorites_2004 p. 32, p. 45, p. 66
2004 January	Trade Union Memorandum to the Irish Presidency of the EU – press release	Trade Union Memorandum
2003 December	ETUC adopts a resolution in regard to the revision of the EWC Directive	“ETUC strategy in view of the revision of the European Work Councils Directive” EGB Strategie im Hinblick auf die Revision der EBR Richtlinie
2003 December	EWC revision amongst most important points on ETUC's agenda	ETUC Resolution 2003 see p. 9 and p. 21
2003 September	European Economic and Social Committee publishes Exploratory Opinion on the Directive	EESC opinion (EN)EESC Opinion (DE)
2002 November	Announcement of the European Commission (Fernando Vasquez DG Employment and Social Affairs) that the review process will be initiated in Autumn 2003	“ETUC strategy in view of the revision of the European Work Councils Directive”
2001 September	Resolution of the European Parliament: The main goal of the EWC Directive is to lift obstacles to information, consultation and communication with employees to foster social dialogue in companies. There is a need to balance the competitive needs of companies in an ever changing market with workers’ rights to information and consultation. The need for social dialogue with employees is stronger than ever. Dialogue is hard to achieve if 85% of EWCs meet only once a year. After identifying these drawbacks the European Parliament (EP) called on the European Commission to submit a proposal with: A precise definition of information and consultation The introduction of an enhanced consultation procedure A reduction of the limit for negotiations from 3 years to 18 months An enhanced obligation to convene extraordinary EWC sessions in cases of restructuring Reduction in thresholds from 1000 for the whole company to 500; and from 150 in each MS to 100 More rights for participation of TUs (experts, advisors) and a more prominent role for EIFs More training rights for EWC members Better access to resources and facilities for EWCs Sanctions to ensure effective procedures for seeking legal remedies in case of breach of the EWC agreement A higher number of obligatory annual meetings and of preparatory sessions A solution for mergers and joint ventures : before two companies merge it is often the case that both are dissolved è workers have no right to be informed about the restructuring at these crucial moments since no EWC can legally exist in these circumstances The EP also called for inclusion of the right to workers’ participation in the company (as compared to passive reception of information and consultation only)	EP Resolution
2000 September	Implementation report from the European Commission to the European Parliament and the Council on application of the Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purpose of informing and consulting employees (Council Directive 94/45/EC of 22 September 1994)	Report from European Commission
1999 December	In reaction to the lack of legislative action by the EC the European Trade Union Confederation issued a position in 1999 which stressed that: information and consultation should take place sufficiently in advance (in the wake of the Renault Vilvoorde case of 1997) in terms of quality of information it must be complete enough and sufficiently comprehensive to give an overview of company’s condition at a given point in time serious problems arise from the practice of EWCs that need to be addressed: workers’ representatives in EWCs are not consulted but simply presented with a fait accompli, which refers especially to poor info about restructuring measures (EWCs obtain it mainly from the press) management sees EWCs merely as a voting machine to legitimise its decisions refusal to undertake negotiations by management is often a hindrance representatives of European Industry Federations (EIFs) should be included in Special Negotiating Bodies thresholds (of employees) governing the application of the EWC directive should be lowered in cases where the Directive is not respected sanctions should be foreseen	ETUC resolution 1999
1999, 28-30 April	Conference “European works councils: practice and development” organised in Brussels by the social partners (ETUC, UNICE and CEEP), with the support of the European Commission
1999 September	Deadline for revision of EWC directive (Art. 15) Art. 15 of Directive 94/45/EC (henceforth EWC Directive) contains a self imposed obligation on the part of the EU legislator to revise the directive 3 years after its transposition into the national law of the EU Member States: “Not later than 22 September 1999 the Commission shall , in consultation with the Member States and with management and labour at European level, review its operation and, in particular examine whether the workforce size thresholds are appropriate with a view to proposing suitable amendments to the Council, where necessary.” The term “review” refers to “the operation of the Directive, that is all issues related to the establishment and operation” of EWCs. To date this deadline has not been met by the European Commission (EC).	European Commission’s website