(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (9919/1/2001 - C5-0388/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 612 (2) ),

-  having regard to the Commission's amended proposal (COM(2001) 296 (3) ),

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0325/2001 ),

1.  Amends the common position as follows;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament Amendment 1 Recital 22a (new) (22a) Member States should take measures to guarantee that employees' representatives are elected by employees or designated by employees" organisations only and have a minimum, renewable term of office. Amendment 2 Recital 26 a (new) (26a) More stringent, dissuasive penalties and specific judicial procedures applicable in the case of decisions taken in serious breach of the obligations under this Directive should be established. Amendment 3 Article 2, point (e a) (new)    (ea) "social partners" means the competent representative trade union organisation, the employees' representatives, as provided by law, the employers' organisation and/or the employer; Amendment 4 Article 2, point (f)    (f) "information" means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject-matter and to examine it;    (f) "information" means transmission by the employer to the employees' representatives and/or employees of all relevant data on the subjects referred to in Article 4, in order to enable them to acquaint themselves with the subject-matter and to examine it, before the decision is taken ; Amendment 5 Article 2, point (g)    (g) "consultation" means the exchange of views and establishment of dialogue between the employees" representatives and the employer.    (g) "consultation" means the exchange of views and establishment of dialogue between the employees" representatives and the employer during the planning stage of a decision in order to ensure the procedure is effective and to allow influence to be exerted on the decision-making process . Amendment 6 Article 3, paragraph 3a (new) 3a. Member States, without prejudice to existing national law or practice, shall foster and promote social dialogue also in small and medium-sized enterprises which do not fall under the scope of this Directive. Amendment 7 Article 4, paragraph 2, point (a)    (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation ;    (a) information on the recent and probable development of the activities and economic and financial situation of the undertaking or the establishment , in particular as regards investment, production, sales and structure as well as strategic plans, including changes to organisational structures and market developments ; Amendment 8 Article 4, paragraph 4, point (c)    (c) on the basis of relevant information to be supplied by the employer and of the opinion which the employees' representatives are entitled to formulate;    (c) on the basis of information to be supplied by the employer in accordance with Article 2(f) and the opinion which the employees' representatives are entitled to formulate; Amendment 9 Article 4, paragraph 4a and 4b (new) 4a. Member States shall ensure that, if the implementation of a decision will have significant adverse consequences for employees, the final decision may be postponed for an appropriate period at the request of the employees' representatives so that consultations may continue with the aim of avoiding or mitigating such adverse consequences. 4b. Member States shall ensure that, if the implementation of a decision will have significant adverse consequences for employees, in particular a decision on transfers, relocations, the closure of an establishment or undertaking or large-scale redundancies, employees' representatives may, in the event of failure to reach agreement and where appropriate, meet the relevant bodies of the undertaking one more time. Amendment 10 Article 5 Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Member States may entrust the social partners at the appropriate level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. The social partners may conclude agreements respecting the general objectives laid down by the Directive and subject to generally applicable conditions laid down by the Member States. Where legislative arangements and/or statutory minimum standards at national level do not exist, such agreements may contain rules and arrangements which provide for fuller rights for information and consultation than those laid down by this Directive. Amendment 11 Article 7 Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Employees' representatives shall , when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. In particular, employees' representatives shall be entitled to:    (a) enjoy legal protection against disadvantage in respect of their career, wage and training during their term of office and for six months thereafter, and    (b) receive appropriate and continuing training, including paid leave for training, organise regular meetings among themselves and with all the employees and use the undertaking's internal computer networks. Amendment 13 Article 9a (new) Article 9a Public administration Member States shall examine in cooperation with the social partners appropriate ways to implement the principles laid down in this Directive in public administrations. Amendment 15 Article 10 Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to:    (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until .......... *, and    (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the two years following the date in point (a). ____________ * 5 years after the entry into force of this Directive. Deleted

(1) OJ C 219, 30.7.1999, p. 223. (2) OJ C 2, 5.1.1999, p. 3. (3) OJ C 240 E, 28.8.2001, p. 133.