04/03/2009 Directorate-General for Employment, Social Affairs and Equal Opportunities 1 European Commission

Reduction of Administrative Burdens“Working environment/employment relations”

DG Employment, Social Affairs & Equal Opportunities

Unit 01. General Coordination, Interinstitutional Relations

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Reduction of Administrative Burdens“Working environment/employment relations”

Presentation overview– DG EMPL legislation– Achievements in Simplification– Ongoing Simplification– AB Programme

• HLG opinion on stakeholders’ suggestions• Consortium recommendations

– Further efforts– Summary

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Reduction of Administrative Burdens“Working environment/employment relations”

DG EMPL legislation– Labour law 24 directives

– Health & safety at work 30 directives

– Gender equality 14 directives

– Anti discrimination (Art. 13 EC) 2 directives

– Free movement of workers and coordination of social security schemes 1 directive

3 regulations

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Reduction of Administrative Burdens“Working environment/employment relations”

DG EMPL legislation– Recognition of fundamental rights of workers Art. 136 EC Treaty: „The Community and the Member States, having in mind

fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.”

– Obligation for any legislative proposal: two-stage consultation of social partners

Art. 138/139 EC Treaty- Consultations possibly lead to legislative proposals or to autonomous

agreements (implemented by social partners)

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Reduction of Administrative Burdens“Working environment/employment relations”

Achievements SimplificationSimplification initiatives in all areas under DG

EMPL‘s competence Overall reduction of the EU body of legislation

– Labour law

Directive 2003/88/EC (working time)• high standard of protection of workers• greater flexibility in managing working time• greater compatibility between work and family life

avoids unreasonable constraints on companies

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Reduction of Administrative Burdens“Working environment/employment relations”

Achievements Simplification– Health & safety at work

Directive 2007/30/EC (reporting obligations)• Simplifies and rationalises reporting obligations• Harmonises the intervals for the submission of

national reports to EC 1 report to EC instead of more than 500

massive cut of indirect IOs

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Reduction of Administrative Burdens“Working environment/employment relations”

Achievements Simplification– Gender equality

Directive 2006/54/EC (equal opportunities)• 1 act replacing 7 directives

no administrative burdens on SMEs

– Anti Discrimination Art. 13

Legislation from 2000• Possible simplification in long term

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Reduction of Administrative Burdens“Working environment/employment relations”

Achievements Simplification– Free movement of workers

Regulation 883/04 (social security schemes)• 1 act replacing 2 regulations• simple rules for the coordination of social security

systems

simplified administrative procedures

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Reduction of Administrative Burdens“Working environment/employment relations”

Ongoing Simplification– SRP 200990/269/EEC & 90/270/EEC (musculo-skeletal disorders)• Update of technological standards• 1 act replacing two directives

– AB programme89/391/EEC (Health&Safety framework directive)

92/57/EEC (construction sites)

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Reduction of Administrative Burdens“Working environment/employment relations”

AB Programme: Consortium recommendations

• 30 long list recommendations

• 13 one-pagers (short list)- thereof 5x Type 1 – 8x Type 2

• 3 impact fiches

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Reduction of Administrative Burdens“Working environment/employment relations”

AB programme: HLG opinion on stakeholders’ suggestions (20.01.2009)

• 90/270/EEC (display screen equipment)„The HLG advises the Commission to review the added value of

Directive 90/270/EEC and to at least adapt the above mentioned directives to technological developments without compromising on legitimate safety and health requirements.”

SRP 2009

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Reduction of Administrative Burdens“Working environment/employment relations”

AB programme: HLG opinion (20.01.2009)

• 89/391/EEC (AB programme)“The HLG advises the Commission to call upon the Member States to

ensure a lean transposition and implementation of EU rules, in particular with respect to SMEs. The Group recalls that the Member States share the responsibility in reducing red tape for businesses.”

EMPL agrees – in line with consortium recommendation

• 2003/88/EC (working time)„The HLG welcomes the proposed changes which will simplify the

application of the directive. The Group calls upon the Commission to strive for further simplifications and reductions of administrative burdens and to avoid the introduction of more burdensome additional requirements in the ongoing legislative procedure.”

In line with DG EMPL objectives

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Reduction of Administrative Burdens“Working environment/employment relations”

Further efforts– AB Programme

92/57 (construction sites)• EC & ACSH are preparing guidance document

– Extension of AB programme

2004/37/EC (carcinogens)• Review of directive: IA incl. IO mapping

1994/45/EC (works councils)• IO mapping

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Reduction of Administrative Burdens“Working environment/employment relations”

Summary– Need to take account of specificities of

legislation in EMPL area– Full review of EMPL acquis has been

undertaken and resulted in significant simplification initiatives

– DG EMPL committed to the AB programme

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Reduction of Administrative Burdens“Working environment/employment relations”

Contact

Nicolas GIBERT-MORIN

Head of Unit

EMPL/01 – General Coordination, Interinstitutional Relations