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BackThe first official meeting of the Mediation Committee of representatives of the European Parliament and the Council, took place on 17th March 2009 in the presence of the European Commission, to reach an agreement on the Working Time Directive. What has clearly emerged in spite of hours of negotiation is that the stumbling block is and remains the issue of the opt-out, i.e. whether a deviation from the maximum working hours of 48 hours per week should be permitted or not.
Opt out as the stumbling block and main problem
A compromise on the Working Time Directive was within reach, commented an optimistic high-ranking representative of the European Commission on the occasion of the Mediation Committee. Some Member States, however, want in particular to hold on to the opt-out -without ifs and buts. The European Parliament argues the case for letting this regulation phase out within 36 months. Currently this question has reached stalemate and a way out seems to be difficult to find. Great Britain, Germany, Poland, Bulgaria and a number of other Member States have clearly come out in favour of continuing the opt-out rule, thereby currently blocking a solution. Austria supports a phasing out of the opt-out rule and tries to reach agreement also at Council level. In accordance with a negotiator on the side of the European Parliament there will be no deal until a satisfactory result has been achieved with regard to the opt-out.
Convergence concerning on-call time
Still controversial is the question whether the inactive part of on-call time, as interpreted by the European Court of Justice in accordance with the present Working Time Directive, is in fact working time. The Council comes out against it, the European Parliament in favour. The European Commission sees this point in the same way as the European Parliament and the European Court of Justice. However, a convergence and a compromise seem to be in easier reach than with regard to the opt-out. Other still open points include the calculation of the working time, the reconciliation between professional and family-life, the definition of executive staff members and compensatory rest periods.
Solution only in a comprehensive package – failure could entail infringement proceedings
One thing, however, is clear - both for the European Parliament and for the Council. There has to be a solution for all unsolved problems. Individual solutions have been rejected by both sides. The official deadline of the mediation procedure expires at the end of May. If no agreement has been reached by then, the current Working Time Directive will remain in force. This might result in the consequence that the European Commission will have no choice but to initiate infringement proceedings against some Member States, as many of them in particular infringe against the existing Directive with respect to on-call time. It would also be possible that the European Commission comes up with a new proposal just on on-call time. Whether this would indeed take place is difficult to say at the moment. The next Mediation Committee will convene on 1st April 2009; it might be possible that an early agreement could be reached.
A compromise on the Working Time Directive was within reach, commented an optimistic high-ranking representative of the European Commission on the occasion of the Mediation Committee. Some Member States, however, want in particular to hold on to the opt-out -without ifs and buts. The European Parliament argues the case for letting this regulation phase out within 36 months. Currently this question has reached stalemate and a way out seems to be difficult to find. Great Britain, Germany, Poland, Bulgaria and a number of other Member States have clearly come out in favour of continuing the opt-out rule, thereby currently blocking a solution. Austria supports a phasing out of the opt-out rule and tries to reach agreement also at Council level. In accordance with a negotiator on the side of the European Parliament there will be no deal until a satisfactory result has been achieved with regard to the opt-out.
Convergence concerning on-call time
Still controversial is the question whether the inactive part of on-call time, as interpreted by the European Court of Justice in accordance with the present Working Time Directive, is in fact working time. The Council comes out against it, the European Parliament in favour. The European Commission sees this point in the same way as the European Parliament and the European Court of Justice. However, a convergence and a compromise seem to be in easier reach than with regard to the opt-out. Other still open points include the calculation of the working time, the reconciliation between professional and family-life, the definition of executive staff members and compensatory rest periods.
Solution only in a comprehensive package – failure could entail infringement proceedings
One thing, however, is clear - both for the European Parliament and for the Council. There has to be a solution for all unsolved problems. Individual solutions have been rejected by both sides. The official deadline of the mediation procedure expires at the end of May. If no agreement has been reached by then, the current Working Time Directive will remain in force. This might result in the consequence that the European Commission will have no choice but to initiate infringement proceedings against some Member States, as many of them in particular infringe against the existing Directive with respect to on-call time. It would also be possible that the European Commission comes up with a new proposal just on on-call time. Whether this would indeed take place is difficult to say at the moment. The next Mediation Committee will convene on 1st April 2009; it might be possible that an early agreement could be reached.