Patrick MAZEAU EMCEF Deputy General Secretary

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European Social Dialogue
BDSZ seminar 28 April 2006. Balatongyörök
-Hungary

• Patrick MAZEAU EMCEF Deputy General Secretary

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The concept of social dialogue

• 20 years of European social dialogue (1985-2005)
• Initiative of Jacques Delors -1985
• Social partners should contribute to development
  of social dialogue in the European Union.
• The Barcelona meeting of the European Council -
  2002
• The basis of the European social model is healthy
  economy, high level social security, education
  and social dialogue.

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Development phases of European social dialogue
Trade unions
Commission
Employers
2002 ...
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The European Social Dialogue
Institution acknowledged in Article 138 of the
EC Treaty

• The European Commission
• Promotes dialogue among the social partners
• Consultation with partners before submitting
  proposals related to the social sphere
• Social partners can operate according to the
  procedure described in Article 139

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Mechanism of consultation, negotiation and
legislation
Commission
Social Partners
Consultation
Negotiation
No or unsuccessful negotiation
Opinion or recommendation
Council
Legislative procedure
Autonomous Agreement
Agreement applied under the decision of the
Council
Act
Application by social partners
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Autonomous Agreements

• Agreement on minimal norms which are applied
  under special procedure and practice in the
  member states.
• Framework agreement on tele-working, 2002
• Agreement on European driving licence for drivers
  working in transborder transport, 2004
• Agreement on work-related stress, 2004
• Agreement on muscular and osseous disorders ,
  2005
• Agreement on the health of people working with
  quartz crystalline) , 2006 (EMCEF)

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Minimal norms stipulated by agreements and
applicable under Council regulation

• Framework agreement on parental leave, 1995
• Framework agreement on part time work, 1997
• Framework agreement on fixed term work, 1999
• .

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Topics of European sectoral social dialogue (in
different wordings )
Elaboration of norms
Informative texts
Autonomous agreements 139.2
Recommendation of norms
Ethical codes
139.2 Agreement Council decision
Framework of actions
Political guidelines
Elaboration of joint opinion
Surveys and reports
Guides
Joint statement
Procedural rules Exchange of information
Tools

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The European social dialogue

• Today Europe is the region which represents the
  economic strength the most (it is the strongest
  economic and commercial power of the world) and
  the viable social model.
• However, it cannot prevent changes occurring
  elsewhere globalization and innovation in
  production.

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Based on three pillars
Whose characteristics are the following

• Sectoral Social
• Dialogue Committees
• 31 sectoral committees
• EMCEF 3 sectoral committees
• (Electrical energy, Mining, Chemical industry
• And to come natural gas industry )

• European Works Councils
• (enterprise level)
• 700 EWC in Europe
• 215 EWC within EMCEF

And the member states
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Social dialogue is necessary

• To modernise and adapt our structures.
• To address the challenge of the aging of the
  population.
• To establish professional and geographical
  mobility.
• To combat the social consequences of
  restructuring.
•  
• The social partners should by all means
  contribute to addressing the challenges.

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Improving the situation. (Les axes
damélioration) Evaluation of the situation
Com (2004) 557 final

• Exploration of effective synergies (co-effect,
  total effect)
• Enlargement
• Credibility and transparency
• To improve the means of monitoring the effects
• Shift to autonomous agreements

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Strengthening the co-effect (synergies) while
strengthening the sectors

• This opportunity is not used today
• While it would be the most appropriate to meet
  the typical expectations of the different sectors
  properly.
• As the accompanying actions could be launched in
  this way the most professionally

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Our role

• The appropriate interpretation of the challenges
  of the sector and the application of direct
  dialogue on all issues relevant IN OUR SECTOR.
• The EU institutions have reviewed the joint
  responsibility of social partners.
• The European social model imposes a great
  responsibility on us. We can do the most to
  improve working conditions, training and work
  organisation

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Perspectives

• We should organise conferences in order to have a
  better understanding of our sectors and branches.
  
• We should get to know the acquis communautaire,
  the norms and standards and we should share our
  experiences with the new member states.
• We should involve the new member states in the
  EWC-s. (EWCEuropean Works Council)

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The Sectoral Social Dialogue Committee of the
Mining Sector
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Establishment of the sectoral social dialogue
committee (see attached)
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Topics of debate

• Opinion on the draft directive on trading with
  gas emission quotas resulting the greenhouse
  effect (8/11/2002).
• The social dialogue committee of the mining
  sector accepts the measures aimed at preventing
  the climaticc changes, as they appear in the
  Kyoto Agreement.
• In order to transpose these measures into a
  European directive the following aspects should
  be taken into consideration
• The results achieved so far
• Listing 6 gases triggering greenhouse effect in
  the directive (naming, integration)
• Adopting the directive to voluntary agreements
  established to prevent climatic effects .
• Balancing energy policy and climate policy..
•  the European legislative instrument aiming to
  prevent the climatic effect should not endanger
  employment  

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Topics of debate

• Opinion on the nitrogen-monoxide limit value
  (NO), (2003/01/21).
• According to the parties participating in social
  dialogue the proposal of the CSLEP related to
  this topic (Comité Scientifique Limites
  dExposition Professionnelle Scientific
  Committee on Exposition Limit Values in the
  different professions
• is no not well founded From the scientific point
  of view (the negative effect of nitrogen
  monoxide is contradictory and uncertain according
  to the Committee).
• Measurement is possible from technical and
  financial point of view (The cost of investment
  necessary to determine the proposed limit value
  is beyond the opportunities of mining companies).
• Consequences
•  The principle of competitiveness is permanently
  violated. Jobs will be lost and deep mining will
  discontinue.

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Topics of debate

• Joint Opinion on the maintenance of a permanent
  organisation controlling the safety and hygiene
  of coal mines and other extraction industries
  (February 2003). (Position commune concernant le
  maintien de l'Organe permanent pour la sécurité
  et la salubrité dans les mines de houille et les
  autres industries extractives (Février 2003)
• To maintain the independent status of the
  permanent Organisation.
• To control the operation of the mining industry
  and mining companies and to monitor the potential
  hazards as occupational safety requires special
  attention.
• The above mentioned issues are of major
  importance due to the accession of Central- and
  Eastern European countries.
• The support of the Commission is required in
  order to apply the increased safety norms in an
  effective way in certain Central- and Eastern
  European countries.

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Topics of debate

• Opinion on basic qualifications and life-long
  training (April 2003)
• the utmost necessity of life-long training.
• life-long training requires a competitive
  education system and an effective vocational
  training policy.
• The acquisition of qualifications necessary in
  the particular professions and of social
  competences is becoming more and more important.
  
• language skills and the so called European
  competences are indispensable today. -
• To improve the employment rate in qualitative
  and quantitative terms..

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Topics of debate

• Joint opinion of the European Commission on
  anti-dumping procedures (January 2004)
• The Sectoral Committee of Mining operating within
  the framework of social dialogue demands that the
  European Commission should follow this procedure
  as this way facts are acknowledged and no
  interests are violated.
• Acco4rding to the proposal of the Sectoral
  Committee the protective and consultative rights
  of organisations representing workers should be
  guaranteed.
• Dumping violating the principle of competition
  does not only weaken the European enterprises but
  also endangers the jobs operated by them.

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Topics of debate

• Joint opinion on general questions relate to
  occupational health and safety (2004/08)
• Scope of application
• Basic and life-long vocational training
• Prevention of occupational hazards
• Preventive medical measures
• Hygiene at the workplace
• Participation rights and obligations of workers
• Survey of situation and assessment

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Topics of debate

• Joint opinion on the necessity to elaborate a
  European strategy on mineral reserves (22. August
  2005.)
• Balance employment rate, production, data on
  annual turnover
• Tasks
• Taking responsibility
• Safety of supply
• Economic growth and welfare
• Safe planning
• Respect of the environment (respect de
  l'environnement)
• Addressing the challenges of the 21st century
• Signatory parties
•  
• EMCEF
• IMA-Europe, APEP, Euromines, EURACOAL

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Topics of debate

• Social responsibility of enterprises in the
  European mining sector (under way)
• Awareness raising about environmental risks ( ER)
  and to improve knowledge in this field
• To develop competencies to prevent environmental
  risks
• To create the necessary conditions for preventing
  environmental risks
• To develop activities to map and prevent
  environmental risks
• Knowledge about effective legislative background
  and analysis of international references,
• ER report, with the involvement of internal and
  external stakeholders,
• To develop positive attitude vis-à-vis trade
  unions and social dialogues,
• To analyse the social pillar on the basis of
  predetermined indices.

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The only strategyemployment.
Thank you for your attention