Patrick MAZEAU – EMCEF Deputy General Secretary

1. European Social Dialogue BDSZ seminar–28 April2006. Balatongyörök -Hungary Patrick MAZEAU – EMCEF Deputy General Secretary

2. 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.

3. Development phases of European social dialogue Trade unions Trade unions Commission Commission Employers Employers 1991-2001 1985-1991 Trade unions Commission Employers 2002...

4. 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 …

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

6. 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 • Agreementonwork-related stress, 2004 • Agreement on muscular and osseous disorders », 2005 • Agreement on the health of people working with quartz crystalline) », 2006 (EMCEF)

7. Minimal norms stipulated by agreements and applicable under Council regulation • Framework agreement on parental leave, 1995 • Framework agreement on part time work, 1997 • Framework agreementon fixed term work, 1999 • ….

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

9. 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.

10. … Based on three pillars Whose characteristics are the following : European Works Councils (enterprise level) • 700 EWC in Europe • 215 EWC within EMCEF Sectoral Social Dialogue Committees 31 sectoral committees EMCEF : 3 sectoral committees (Electrical energy, Mining, Chemical industry… And to come: natural gas industry …) And the member states…

11. 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.

12. Improving the situation. (Les axes d’amélioration) 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

13. 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…

14. 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 jointresponsibility 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…

15. 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. (EWC=European Works Council)

16. The Sectoral Social Dialogue Committee of the Mining Sector …

17. Establishment of the sectoral social dialogue committee (see attached)

18. 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 toprevent climatic effects …. Balancing energy policy and climate policy.………. « the European legislative instrument aiming to prevent the climatic effect should not endanger employment »… Topics of debate

19. 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 d’Exposition 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. »… Topics of debate

20. 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. Topics of debate

21. Opinion on basic qualifications and life-long training (April2003) 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”.. Topics of debate

22. Joint opinion of the European Commission on anti-dumping procedures (January2004) 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.”… Topics of debate

23. 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 Topics of debate

24. Joint opinion on the necessity to elaborate a European strategy on mineral reserves (22. August2005.) 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 Topics of debate

25. 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. Topics of debate

26. The only strategy:employment…. Thank you for your attention …