Answer given by Mr Andor on behalf of the Commission

3.6.2010

In June 2009 the Commission issued a Reasoned Opinion under Article 226 of the Treaty establishing the European Community concerning the non-conformity of Malta's Contracts of Services for a Fixed-Term Regulations 2007 (Legal Notice 51/07) (as amended by Legal Notice 239/08) (‘the principal regulations’) with Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP[1] (‘the directive’).

In December 2009 the Maltese authorities notified the Commission of Contracts of Service for Fixed-Term (Amendment) Regulations 2009 (Legal Notice 376/2009), which further amended the principal regulations. The latter, as amended, state that they do not apply to:

(a) persons appointed to serve on any board of any statutory or public authority, commission, committee, corporation or the board of any body corporate established by law or of any other public sector entity as referred to in Article 80(3) of the [Employment and Industrial Relations] Act;

(b) an assignment or assignments of particular responsibilities or work objectives, within the context of an indefinite contract of employment, which are for a period, alone or in aggregate, not exceeding four years:

Provided that breaks of up to a period of three months in an assignment or between successive assignments of substantially the same nature shall be included in the calculation of the four year period;

(c) persons undergoing training or work experience under an approved training or apprenticeship or scholarship or trainee scheme.

The Commission has analysed the effect of this amending legislation, including the categories excluded (listed above) and will shortly take a decision on how to proceed with this file. It will update the Honourable Member when such a decision has been taken.

• [1] OJ L 175, 10.7.1999.