1. In the Commission’s Communication of May 1998 on adapting and promoting the social dialogue at European level, the Commission correctly notes that: "Once the Amsterdam Treaty enters into force, there will be one legal base for proposals on health and safety at work and the legislative proposals in this field will fall under the process of consultation of the social partners. However, the ACHS [Advisory Committee on Health, Hygiene and Safety at Work] will remain a key body for consultation on health and safety issues and the Commission will consult this body in parallel with the two-stage consultation process."

How the new procedure should be applied in practice still has to be clarified and decided upon as well as what the role of the ACHS will be in the context of the overall social partner consultation/negotiation procedure now integrated in the Treaty (see footnote).

2. The practical solution to be applied should meet the objectives and criteria of:
  guaranteeing the institutionalised role of the European Social Partners (Art. 138-139)
  securing the role of the tripartite ACHS as the key Community body of consultation in the field of health and safety
  avoiding duplication and ensuring efficiency in the European decision-making procedure
  being appropriate to the nature of the issues to be regulated at European level

3. To base the practical application of these principles on a simple distinction between legislative and non-legislative measures, would not be practical. Neither can such a choice be decided upon a priori; the logic of the consultation process with the European social partners is to contribute to such a clarification and experiences show that this is not just a hypothetical question.

On the other hand, given the national traditions and the technical nature, the classical health and safety issues (such as limit values and technical provisions, for example) are expected to continue to be established primarily via the legislative process in the future and only as an exception by European social partner agreement followed by a Council decision (Art. 139, 2).

It should however also be envisaged, again based on existing and developing national traditions, that new and emerging working environment health issues, often linked to work organisation, working conditions and changes on the labour market, are to be regulated by social partner agreements at either level (or in a combination with legislative provisions). Here, voluntary European social partner agreements to be implemented by the parties themselves (Art. 139, 2) could be a particularly relevant tool. This could also include follow-up supportive measures to established EU regulations.

Further, adding a working environment component to the common European employment policy strategy should likewise be taken into consideration.

4. Having analysed the different options, ETUC invites the other European social partners to explore jointly the possibilities to establish an agreement between the European Social Partners, the Commission, the Council and the EP for the practical application of the procedure in the field of health and safety.

5. The basic structure and elements of such a procedure should be in principle:
  that those health and safety issues which are to be consulted with the (reformed) ACHS (according to a revised Council Decision), are not automatically to be consulted with the European social partners again when the Commission intends to submit a legislative proposal (according to the Art 138-139 procedure);.
  the European social partners, however, retain their full rights to refer an issue to the Art 138-139 social partner procedure, at any stage in the overall preparatory phase;
  but, unless so requested by one of the European social partners and motivated by the interest to explore the possibilities to negotiate a social partner agreement, the concluded consultation of the (reformed) ACHS is considered to fulfil the Art 138 -139 consultation procedure;
  the European social partners, on the other hand, shall receive the relevant legislative proposals introduced into the procedure of the Council and the EP, and they are to be consulted, at least in writing, on their opinion on the different stages of the decision making procedure of the Council and of the EP;
  after the first two years in force, such an agreement on the practical procedure should be reviewed by the parties.

6. It will be an imperative precondition for the proposed practical application of the Amsterdam Treaty procedure that an adequate revision of the ACHS Council Decision is implemented on reforming the ACHS. Key elements will be, in particular:
 to efficiently ensure the possibility for the European social partners to consult their national and sector member organisations in a manner equivalent to the Art. 138-139 procedure; this implies especially:
  a Europeanisation of the social partners’ representations with delegations composed of representatives from all Member States (without a reduction in the number of national social partner representatives) and from the sectors (with access for EEA countries)
  a recognition of the role of the interest groups and sufficient opportunities for these to meet and function
  to ensure that the ACHS is consulted not only on specific elements but also on the global issues, as in the case of the Art. 138-139 procedure on the basis of Commission documents
  to ensure that the financial resources for the work of the ACHS are adequate (i.e. improved) as a consequence and, likewise, as regards the role of the relevant services of the Commission
  [also to envisage the enlargement of the EU in giving observer status to representatives from the accession countries]

It is expected that the existing division of roles and responsibilities between the Community institutions and bodies will remain unchanged; i.e. Commission (political initiatives), Council and EP (decision-taking), Dublin Foundation (research) and Bilbao Agency (information)

7. ETUC stresses the importance of exploring the possibilities of voluntary social partner agreements too. These issues could be dealt with in the framework of the social dialogue committee and the sectoral social dialogue committees, in particular on the basis of the (reformed) ACHS social partner interest group recommendations.

8. ETUC believes that such a practical application of the Amsterdam Treaty procedure could foster partnership at European level; it recognises the roles and interests of the different parties to such a procedural agreement, it facilitates an appropriate use of the different tools, and - as an outcome - supports the continuous striving for fulfilment of the Treaty objectives of improving health and safety at work.

9. Should such a practical solution along the lines proposed, not be possible, or the preconditions not be met, the ETUC stresses that any practical procedure constituting "consultation in parallel" of the European social partners and the ACHS, must be secured.

Footnote:

Art. 139, 1.: Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements. Art. 139, 2.: Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Art. 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas referred to in Art. 137(3), in which case it shall act unanimously.